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Appellant had filed an application dated June 18, 2014, under the Right to information act, 2005. Respondent vide letter dated July 31, 2014, responded to the appellant. The respondent informed the appellant that copy of complaint bearing Registration No. SEBIP / MH14 / 0002501 / 1 was his own complaint.
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Appeal No. 1990 of 2014 filed by Mr. Shahsikant Sitaram Junnarkar.
Appellant had filed an application dated June 18, 2014, under the Right to information act, 2005. Respondent vide letter dated July 31, 2014, responded to the appellant. The respondent informed the appellant that copy of complaint bearing Registration No. SEBIP / MH14 / 0002501 / 1 was his own complaint.
Appellant had filed an application dated June 18, 2014, under the Right to information act, 2005. Respondent vide letter dated July 31, 2014, responded to the appellant. The respondent informed the appellant that copy of complaint bearing Registration No. SEBIP / MH14 / 0002501 / 1 was his own complaint.
1. The appellant had filed an application dated June 18, 2014, under the Right to Information Act, 2005 (hereinafter referred to as "RTI Act"). The respondent vide letter dated July 31, 2014, responded to the appellant. The appellant has filed this appeal dated August 27, 2014, 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 the following query of his application having subject matter: "Complaint Registration No. SEBIP/MH14/0002501/1", viz.
"Sir, enclosed herewith the copies of the action letters and reply, addressed by the Hon. Prime Minister of India Office and also Hon. Additional Commissioner of Police, E. O. W. C. B. CID, Bombay You are requested to furnish copy of complaint dated 26/5/2014 lodged with SEBI, as referred by you in the unsigned letter addressed by the SEBI dated 26/5/2014."
3. In this appeal, the appellant has inter alia submitted: "The (respondent) has not followed Section II of the RTI Act /contents of the Description of the information required and the provisions of the interest of investor It is unfair to treat the complaint as meaningless "
4. In his response, I note that the respondent informed the appellant that copy of complaint bearing registration no. SEBIP/MH14/0002501/1, as sought by him, was his own complaint dated February 25, 2014 (received by SEBI on April 25, 2014), which originated from him and ought to be in his possession. In view of the aforesaid, the respondent informed the appellant that since he was the original holder of the document, the same could not be said to be held or under the control of SEBI and hence, did not qualify as 'information' under the provisions of Section 2(f) of the RTI Act. Upon a consideration of the aforesaid response, I find that the requisite information in respect of the appellant's request for information had been provided by the respondent. I, therefore, find no deficiency in the respondent's response to the appellant's application. Brought to you by http://StockViz.biz Page 2 of 2
5. In view of the above, I find that there is no need to interfere with the decision of the respondent. The appeal is accordingly dismissed.
Place: Mumbai S. RAMAN Date: September 26, 2014 APPELLATE AUTHORITY SECURITIES AND EXCHANGE BOARD OF INDIA