Information relating to deposits by Sahara & SEBI dispute was sought - SEBI: Information was available in the SC order available on website - Appellant: the judgment could not be found on the website - CIC accepted respondent’s offer to send it by e-mail
1. The appellant Shri P.C. Joshi submitted online RTI application dated 07.04.2014 before the Central Public Information Officer (CPIO), Securities & Exchange Board of India, Mumbai; seeking information relating to the reasons for Sahara & SEBI dispute; details of deposits taken by Sahara under the saving schemes; the amount provided by Sahara to SEBI to clear the dues of investors; the names of 100 such investors who did not respond to SEBI’s offer for return of their money etc. through fourteen points.
2. The CPIO vide letter dated 15.05.2014 informed the appellant that information as sought at point 1 and 7 was not specific/clear and hence the same could not be construed as ‘information’ under Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act; in response to points 2, 4, 6 and 10 the appellant was informed that the information as sought for was available in the order of the Hon’ble Supreme Court of India dated 31.08.2012, which was also available on the website of SEBI; on point 3 the appellant was informed that Sahara India Real Estate Corporation Ltd. (SIRECL) is registered with the Registrar of Companies (ROC), Kanpur and Sahara Housing Investment Corporation Ltd. (SHICL) is registered with ROC, Mumbai; on point 5 the appellant was informed that as directed by Hon’ble Supreme Court of India vide its order dated 5.12.2012 the Sahara returned to SEBI an amount of Rs. 5,120 crores through NEFT; on point 9 and 11 the information was denied under the provisions of Section 8(1)(d), (g) and (j) of the RTI Act; on point 12 the appellant was advised to refer to Section 67 of Companies Act, 1956, which was available in the public domain. Dissatisfied with the reply of the CPIO, the appellant filed an appeal on 03.06.2014 before the first appellate authority (FAA). The FAA vide order dated 03.07.2014 concurred with the decision of the CPIO.
3. Dissatisfied with the response of the public authority, the appellant preferred second appeal before the Commission.
4. The matter was heard by the Commission. The appellant stated that he sought information on fourteen points but he got information only on two points from the respondents. Against most of the points the CPIO intimated that the relevant information for was available in the order of the Hon’ble Supreme Court of India dated 31.08.2012, and is also available on the website of SEBI. The appellant stated that he could not find the judgement on the website, and requested soft copy of the same. The respondents offered to send the judgement to appellant’s e-mail. The respondents further stated that they had provided all disclosable information to the appellant.
5. Having considered the submissions of the parties, the Commission directs the CPIO to provide clear reply on point 7 and forward copy of the order of the Hon’ble Supreme Court of India dated 31.08.2012 along with SEBI’s order to the appellant’s e-mail. The CPIO will comply with the directions of the Commission within one week of receipt of this order. The appeal is disposed of.
Citation: Shri P.C. Joshi v. Securities & Exchange Board of India in Appeal: No. CIC/MP/A/2014/001840