BEFORE THE APPELLATE AUTHORITY

(Under the Right to Information Act, 2005)

SECURITIES AND EXCHANGE BOARD OF INDIA
Appeal No. 2284 of 2015
Mrigesh Kumar Manubhai Thakkar

Appellant

Vs.
CPIO, SEBI, Mumbai

Respondent

ORDER
1.

The appellant had filed an application dated September 10, 2015, under the Right to
Information Act, 2005 (hereinafter referred to as "RTI Act"). The respondent vide letter
dated October 13, 2015, responded to the appellant. The appellant has filed this appeal
dated October 28, 2015 (received at SEBI on November 2, 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 his
application wherein he had sought information regarding F&O trade related data.

3.

In this appeal, the appellant has inter alia reiterated the request for information as contained
in his application.

4.1

Queries at point nos. 1 and 2 of the appellants application In his response to the
instant queries, I note that the respondent inter alia informed the appellant that since the
information sought by him was not maintained by the concerned department of SEBI in
normal course of regulation of securities market,no information was available with SEBI.I
do not find any reason to disbelieve the response provided by the respondent. In this
context, I note that the Honble Supreme Court of India in the matter of Central Board of
Secondary Education & Anr. vs. Aditya Bandopadhyay & Ors. (Judgment dated August 9, 2011),
had inter alia held that: The RTI Act provides access to all information that is available and existing.
But where the information sought is not a part of the record of a public authority, and where such
information is not required to be maintained under any law or the rules or regulations of the public
authority, the Act does not cast an obligation upon the public authority, to collect or collate such nonavailable information and then furnish it to an applicant.Further, I note that the Hon'ble CIC in
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the matter of Sh. Pattipati Rama Murthy vs. CPIO, SEBI (Decision dated July 8, 2013), had held
that: if it (SEBI) does not have any such information in its possession, the CPIO cannot obviously
invent one for the benefit of the Appellant. There is simply no information to be given. In view of these
observations, I find that the information sought by the appellant was not available with
SEBI and therefore, the respondent cannot be obliged to provide such nonavailable
information.
4.2

Without prejudice to the foregoing, I note that the respondent advised the appellant to
refer to the NSE website i.e. www.nseindia.com and also the BSE website i.e.
www.bseindia.com for the information sought by him.I note that the respondent also
informed the appellant about SEBI Complaints Redress System (SCORES), where he may
lodge his complaint, if any.Upon a consideration of the aforementioned, I find that the
requisite information as available with SEBI in respect of the appellant's queries was
provided by the respondent. I, therefore, find no deficiency in the respondent's response
to the appellant's application.

5.

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

Place: Mumbai
Date: December 2, 2015

S. RAMAN
APPELLATE AUTHORITY
SECURITIES AND EXCHANGE BOARD OF INDIA

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