CENTRAL INFORMATION COMMISSION
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F.No.CIC/AT/A/2009/000373
Dated, the 30th June, 2009.
Appellant : Shri Vishwanath Poddar
Respondents : Securities and Exchange Board of India (SEBI)
This matter came up for hearing on 24.06.2009. Appellant was
absent when called, while the respondents were present through
Shri J.Shandilya, AGM.
2. The second-appeal relates to appellant’s RTI-application dated
14.11.2008, replied to by CPIO on 15.12.2008 and again on 26.02.2009
following the Appellate Authority’s order dated 12.02.2009. Presently,
his second-appeal is in regard to queries at items A, C, D and E of his
RTI-application.
3. The RTI-queries and the replies thereof are discussed below:-
Query at item A: The entire note sheet file relating to appellant’s
complaint made to Sebi Calcutta from time to time.
4. CPIO’s reply states that appellant’s complaint was forwarded to
the Company on 28.04.2000 and the reply received therefrom was
transmitted to the appellant. There was no note-sheet relating to the
above complaint nor was any report sent to the head office in this
matter by the Eastern Regional Office of SEBI.
5. Appellant has stated that it was improbable that SEBI
corresponded with the Company as well as with the appellant without
ever having opened a file comprising, among others, file-notings.
Decision:
6. The best that can be done to set the appellant’s doubts at rest, is
to allow him to inspect the files relative to this query as held by SEBI’s
Regional Office at Kolkata.
7. It is accordingly directed that on a day and time (as well as place)
intimated to the appellant within three weeks of the receipt of this
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order, he shall be allowed to inspect all records and files relating to this
item of query. He shall be allowed to take copies of the records
inspected on payment of the requisite fee.
Query at item C: Fate and the status of my complaint.
8. Appellant has stated that he has not been provided the date of
the alleged business reply card as mentioned in CPIO’s reply dated
26.02.2007.
Decision:
9. It is directed that a copy of the business reply card and the date
of the card shall be provided to the appellant within two weeks of the
receipt of this order.
Query at item D: What action was taken in this matter of willful
fraudulent wrong statement of company in matter of
object prospectus and Statement under Clause 43 of
Listing agreement.
Query at item E: What remedial measure was taken by SEBI in refund
of amount with interest to investor of public issue.
Decision (D & E):
10. Given the nature of these queries, which are based upon
appellant’s own surmises and assumptions and his understanding of
what SEBI can or cannot do, it is not possible to authorize disclosure of
any information.
11. It is accordingly directed that there shall be no disclosure
obligation for these items of queries.
12. Appeal disposed of with these directions.
13. Copy of this direction be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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