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Application questioning the answers given for raised queries was found satisfactory by the appellate authority – The SECURITIES AND EXCHANGE BOARD OF INDIA

Application questioning the answers given for raised queries was found satisfactory by the appellate authority – The SECURITIES AND EXCHANGE BOARD OF INDIA

An appeal questioning the unsatisfactory answers for the 23 queries raised by the applicant was heard and disposed of by THE APPELLATE AUTHORITY Mr. ANAND BAIWAR in the case of Prateek Tewari versus CPIO, SEBI Appeal No. 4554 of 2021.

The background of the case is that the appellant filed an application under the Right to Information Act, 2005 and the respondent responded to the application filed and the appellant filed an appeal on the basis that the respondent has not given proper information about the investigation and inquiry conducted in the matter of the issuance of OFCDs by Sahara India Real Estate Corporation Ltd. based on misconstruction and erroneous interpretation of the exceptions/provisions provided under Section 8 of the RTI Act the appellant is not satisfied with the provided in queries 1to 23(except 17) and the appeal is dealt by the appellant authority.

The authority looked upon the queries and answers given by the respondent and found out that the answer given in most of the queries are satisfactory and have correct responses towards question some queries asked for confidential information like queries 9 and 10 and they were answered according to the rules.

The authority concludes that the respondent has adequately addressed the queries by providing the information available with him and also guiding the appellant to access the information available on the SEBI website and the appellant has not made any specific submission regarding the response provided by the respondent hence the authority does not find any default in giving answers. further, It was found out that exemption under Section 8 cannot be claimed because the respondent has not claimed an exemption under Section 8 of the RTI Act.

The authority, at last, remits the matter to the respondent for de novo consideration of query numbers 12 and 13 and to send a proper response to the appellant regarding these queries, and the appeal is disposed of.

Click here to read the order

Order reviewed by Naveen Sharma

 

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