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“Response to the query would be an answer either affirmative or negative, depending on the available records…”: Appellate Authority, SEBI, Part 1.

The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Amarjeet Singh adjudicated in the matter of Swaminath Singha v CPIO, SEBI, Mumbai (Appeal No. 4324 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Information Act, 2005.

The appellant, Mr Swaminath Singha had filed an application via RTI MIS Portal on the 2nd of April, 2021 under the Right to Information Act, 2005. The respondent responded to the application by a letter on the 7th of May, 2021, filed by the appellate.

After receiving a letter from the respondent on 7th of May, 2021, on his application, the appellate decided to file an appeal on the 1st of June, 2021, which the Office of Appellate Authority received on the 9th of June, 2021.

On perusal of the appeal, it appears that the appellant is aggrieved by the response provided by the respondent. The queries and the response provided thereto are discussed in the following paragraphs in light of the submissions made by the appellant.

Before analysing the queries and the responses, it was noted that the appellant being director of Apna Pariwar Agro Farming Developers India Ltd. (company), was one of the noticees in the proceedings wherein the order dated 3rd of May, 2018 was passed and directions for refund of money were issued.

In his application, the appellant was seeking the following information:

      1. Are you the Hon’ble Executive Director of SEBI?                                      
      2. Have you received the letter as ventilated in the reference above? If yes, please mention the date and time of receiving?                                    
      3. How many letters have you received from me through speed post, Regd post, emails? Please mention the date and time of receiving.          
      4. Have you responded to any of the letters/emails etc. Please mentioned the same accordingly.

Click here to read the entire order.

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