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green swastik goa   09 June 2022

First appeal rejection under rti act 2005

whether limitation act is applicable to the RTI Act 2005.
whether the appellate authority can reject an appeal filed after 45 days of PIOs rejection for information citing delay. any case laws in this regard.



Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     09 June 2022

Provide some reason and seek an excuse for the delay..  FAA is a quasi-judicial authority and if such prayer is made, he has to condone the delay.

It makes no difference.  Go for a complaint and second appeal to Commission.

You are entitled to file another RTI Application and start the procedure and go for first appeal once again as the cause of action remains in absence of information from Authority.  Resjudicata is not applicable for PIO and FAA as held by CIC in CJ Karira case.

P. Venu (Advocate)     09 June 2022

You have not posted the complete facts. As per the order of the Apex Court dated 10 January 2022, the period from 15 March 2020 to 28 February 2022 would stand excluded for the purpose of limitation.

Dr J C Vashista (Advocate)     10 June 2022

The delay has to be condoned if you have explained.

Supreme Court has held in Suo Moto writ petition No 3 of 2020 may be referred.

Janak Raj Vatsa (Advocate) (Lawyer consultant)     10 June 2022

you need to submit the detailed justification for the delay. court will consider it and condone it

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