BEFORE THE APPELLATE AUTHORITY

(Under the Right to Information Act, 2005)

SECURITIES AND EXCHANGE BOARD OF INDIA
Appeal No. 2149 of 2015
Ms. Rukmani Nimade

Appellant

Vs.
CPIO, SEBI, Mumbai

Respondent

ORDER
1.

The appellant had filed an application dated March 26, 2015, under the Right to Information
Act, 2005 (hereinafter referred to as "RTI Act"). The respondent vide letter dated April 17,
2015, responded to the appellant. The appellant has filed this appeal dated May 6, 2015
(received at SEBI on May 12, 2015), against the said response. I have carefully considered the
application, the response and the appeal and find that the matter can be decided based on the
material available on record.

2.

From the appeal, I note that the appellant is aggrieved by the respondent's response to her
application wherein she had sought the following information, viz.
"Certified Copy with Seal and Signature of Authority requested on the copy of the Ad Interim Order
(WTM/KMA/ISD/353/02/2011 dated 02/02/2011)."

3.

In this appeal, the appellant has inter alia submitted: "It is compulsory for the (respondent) to provide
the information if it comes under the purview of the RTI Act but the (respondent) does not comply mandatory
norms of the RTI and directed to approach some other dept. of SEBI (ISD) for getting the information which
defeats the purpose of the RTI "

4.

In his response to the abovementioned request at paragraph 2, I note that the respondent inter
alia informed the appellant that the Order referred to by her was available in the public
domain, on the SEBI website i.e. www.sebi.gov.in under the heading: Orders & Rulings
Orders Orders of Chairman/Members. In this context, I note the Honble CIC in the
matter of Shri K. Lall vs. Shri M. K. Bagri (Decision dated April 12, 2007), had held that once
information is placed on a website or in the public domain accessible to the citizens, that
information cannot be said to be held or under the control of the public authority and thus
ceases to be an information accessible under the RTI Act. Further, I note that the Hon'ble
CIC in the matter of Shri Subhash Chandra Agrawal, Delhi vs. CBSE, New Delhi (Decision dated
December 11, 2012), had observed that: "The Commission has held in the case
CIC/AT/A/2007/00112 dated 12.4.2007 that once the information is brought in to the public domain it
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is excluded from the purview of the RTI Act. The Honble High Court of Delhi in the case of Registrar of
Companies and others vs. Dharmendra Kumar Garg and Another decided on 1.6.2012, has held that Right
to Information is specifically conferred by the RTI Act is that information which 'is held by or under the control
of any public authority'. In the light of the above, the Commission cannot accept the contention of the appellant
relating to the information available on the website be provided ".
5.

Without prejudice to the foregoing, I note that the appellant was nonetheless advised to
approach the Integrated Surveillance Department, SEBI, for a certified copy of the Order,
which would be provided as per the procedure laid down thereof. Upon a consideration of the
respondent's response, I find that the requisite information as available with SEBI in respect of
the appellant's request, was provided by the respondent. I, therefore, find no deficiency in the
respondent's response to the appellant's application.

6.

I, therefore, find that there is no need to interfere with the decision of the respondent. The
appeal is accordingly dismissed.

Place: Mumbai
Date: June 11, 2015

S. RAMAN
APPELLATE AUTHORITY
SECURITIES AND EXCHANGE BOARD OF INDIA

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