TMI Blog2018 (5) TMI 1074X X X X Extracts X X X X X X X X Extracts X X X X ..... opinion, therefore, it does not fall under the definition of the information under section 2(f) of the Right to Information Act, 2005. The Insolvency and Bankruptcy Code, 2016, all Rules and Regulations made thereunder are placed on the website- ‘www.ibbi.gov.in’/public domain accessible to all. Once the information is available in the public domain, it 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. - Appeal No. ISBBI/A/2018/60004 (F. No. IBBI/RA/2017-18/52) - - - Dated:- 3-5-2018 - ( Dr. Mukulita Vijayawargiya ) Whole Time Member and First Appellate Authority ORDER 1. The present Appeal No. ISBBI/A/2018/60004 dated April 13, 2018 r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. The appellant in the present appeal has averred that with reference to information dated 09.04.2018 supplied by learned CPIO Ms. Anita Kulshrestha, information sought regarding ten years of experience specified in the Regulation remain unanswered as I do not find definition of ten years of experience in IBBI (Insolvency Professionals) Regulations, 2016 read with the IBBI (Insolvency Professionals) Amendment Regulations, 2018 . 5. The present RTI appeal has been examined and also the reply given by the CPIO with respect to RTI application in the light of the judgments of the Hon ble Supreme Court and orders of Hon ble CIC. 6. The Hon ble Supreme Court of India in the matter of Central Board of Secondary Education Anr. vs. Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lall Vs. Shri M.K. Bagri (CIC/AT/A/2007/00112, Order dated April 12, 2007) wherein it held: once an information is voluntarily disseminated it is excluded from the purview of the RTI Act and, to that extant, contributes to minimizing the resort to the use of this Act . 9. The appellant cannot expect the public authority to work as consultant. The Hon ble CIC in the matter of Sh. Alok Shukla vs. CPIO, SEBI (File No. CIC/SM/A/2012/001838, Order dated May 23, 2013), held: While dealing with RTI, we should not forget that information means only an existing material record. The CPIO can provide the copy of the available records; he cannot create new records in order to address specific queries of the Appellant. 10. In vie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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