IBBI silent on allocation of Disciplinary Cases : RTI
Nipun Singhvi, an advocate and RTI activist filed RTI with Insolvency and Bankruptcy Board of India (IBBI) to reveal the reason of creating two members Disciplinary Committee (DC). However, the reply revealed that third member Mr. Jayanti Prasad was included in DC via appointment on 02.09.2022.
Replying to information sought on reason for allocation to Single member and Two member DC, IBBI replied that the same shall result in effecting matters which are ongoing and future before DC’s.
It is interesting that IBBI has made two member DC alongwith single member DC from 2.09.2022.
The issue of Single member has been challenged before various High Courts on ground that the Section 220 of the Insolvency and Bankruptcy Code, 2016 provide only more than one Whole time Members to constitute DC.
IBBI had moved Supreme Court for transfer of 29 petitions pending before various High Courts on this question of law which was rejected by Apex Court on 19.01.2024, reported in (2024) ibclaw.in 39 SC.
Information sought through RTI and replies of IBBI are as under:
1. Information sought in RTI: Please provide the basis of allocation of Disciplinary Cases to Disciplinary Committee?
RTI Reply: The basis of allocation of disciplinary cases to Disciplinary Committee is internal to the Board and the disclosure of same may prejudicially affect the ongoing and also future disciplinary matters. Therefore the same cannot be disclosed.
2. Information sought in RTI: Please provide the list of cases allocated to two member Disciplinary Committee till date?
RTI Reply: The list of orders by various Disciplinary Committees are available on website Of IBBI and accessible at https://ibbi.gov.in/en/orders/ibbi
3. Information sought in RTI: Please provide the list of cases allocated to one member [DC- 1 two member Disciplinary Committee (DC) [DC-4 and DC-5] till date from 01.1 1.2023?
RTI Reply: The list Of orders by various Disciplinary Committees are available on website of IBBI and accessible at https://ibbi.gov.in/en/orders/ibbi.
