Appellant filed first appeal dated 11.8.2011 and 2nd appeal dated 22.02.2013 - CIC: second appeal rejected stating that the appellant has taken 17 months in filing this 2nd appeal and has not given any justification for delay in filing of the appeal
12 Oct, 2013
This 2nd appeal dated 22.02.2013 has been filed by Shri Ashok Malviya against Western Coalfields Limited, M.P. corresponding to his RTI-application dated 30.6.2011.
2. On perusal of the appeal, it has been observed that the present appeal dated 22.02.2013 is against the APIO’s reply dated 14.7.2011. The appellant had filed first appeal dated 11.8.2011 before the First Appellate Authority which was not disposed of by the FAA. However, the 2nd appeal has been filed by the appellant after a lapse of more than 17 months instead of stipulated period of 90 days.
“(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.”
4. It is seen that against the stipulated period of 90 days, the appellant has taken 17 months in filing this 2nd appeal and further, he has not given any justification whatsoever for delay in filing of the appeal. Thus, there has been no sufficient cause, which prevented the appellant from filing this appeal in time. The appeal is rejected as ‘time barred’.
Citation: Mr. Ashok Malviya v. Western Coalfields Limited in Case No. CIC/SS/A/2013/000994