Description

Appellate Authority order partially upholding CPIO's response to RTI application regarding NSE complaint handling and disciplinary actions, clarifying scope of information under RTI Act.

Summary

The Appellate Authority under the Right to Information Act, 2005 issued an order on Appeal No. 6609 of 2025 filed by Nitish Kumar against the CPIO, SEBI, Mumbai. The appellant had sought information regarding NSE’s handling of complaint nos. SEBIE/HY25/KURU/024585/1 and SEBIE/HY25/031689/1, including reasons for premature closure, internal communications, disciplinary actions, and SOPs. The Appellate Authority partially upheld the CPIO’s response, clarifying that requests for reasons/opinions do not constitute ‘information’ under Section 2(f) of the RTI Act, while directing the appellant to access complaint status through the SCORES portal for certain queries.

Key Points

  • Appeal filed against CPIO’s response to RTI application dated October 24, 2025 (received through RTI MIS Portal)
  • CPIO responded on November 03, 2025; appeal filed on same date (Reg. No. SEBIH/A/E/25/00288)
  • Query 1(a) seeking reasons for premature complaint closure deemed not ‘information’ under RTI Act Section 2(f)
  • Queries 1(b), 1(c), and 4 directed to SCORES portal for complaint status and Action Taken Reports
  • Queries 2 and 3 regarding disciplinary actions and NSE SOPs: information not available with SEBI
  • Appellate Authority cited Azad Singh vs. CPIO, Oriental Insurance Company Limited (CIC order dated March 23, 2021) as precedent
  • RTI Act does not obligate CPIOs to provide clarifications, opinions, or create/interpret information

Regulatory Changes

No regulatory changes introduced. This order clarifies existing RTI Act provisions regarding the scope of ‘information’ under Section 2(f), reaffirming that requests for reasons, opinions, advice, or clarifications do not fall within the definition unless such information exists in recorded form.

Compliance Requirements

  • RTI applicants seeking complaint-related information should access SCORES portal using login credentials for complaint status and Action Taken Reports
  • CPIOs are not required to provide clarifications, opinions, or interpretations under RTI Act
  • CPIOs cannot create, analyze, or compile information as per appellant’s requirements; only existing recorded information can be disclosed
  • Information requests must qualify as ‘information’ under Section 2(f) of RTI Act to be actionable

Important Dates

  • October 24, 2025: RTI application filed by appellant (received through RTI MIS Portal)
  • November 03, 2025: CPIO’s response to RTI application
  • November 03, 2025: Appeal filed (Reg. No. SEBIH/A/E/25/00288)
  • November 28, 2025: Appellate Authority order issued

Impact Assessment

Market Impact: None. This is an administrative order related to RTI Act procedures with no direct market implications.

Operational Impact: Minimal. The order provides procedural clarity for RTI applications related to complaint handling but does not affect market operations or regulatory frameworks.

Investor Impact: Negligible. Investors and market participants are unaffected as this concerns RTI Act interpretation in the context of complaint handling procedures.

Regulatory Precedent: Reinforces existing RTI jurisprudence that CPIOs are not obligated to provide opinions, reasoning, or clarifications beyond disclosure of recorded information. Directs complaint-related information seekers to utilize the SCORES portal for transparency in complaint resolution processes.

Impact Justification

Administrative RTI appeal order with limited market impact; clarifies procedural aspects of information disclosure under RTI Act for complaint handling processes