Time barred appeal - Second appeal has been filed after a period of 02 years and 10 months from the date of filing of the first appeal without any valid reason explaining the delay - CIC: The case is time barred under section 19(3) of the RTI Act

Information Sought:
The Appellant has sought the following information pertaining to Mr. Satpal Singh, Wing Commander, Air Force Station, New Delhi:

1. Provide a copy of the residence certificate submitted by Mr. Satpal at the time of recruitment.
2. Provide a copy of permanent residence certificate submitted at the time of recruitment.
3. Provide a copy of the postal address certificate given at time of recruitment.
4. And other related information.

Grounds for Second Appeal
The CPIO did not provide any information.

Submissions made by Appellant and Respondent during Hearing:
The appellant could not explain why he had not filed the second appeal on time. He had also not filed any application for condonation in his second appeal.

The CPIO submitted that an appropriate reply was given to the appellant on 04.12.2017. He also reiterated the contents of his written submissions dated 19.04.2022.

Observations:
The Commission observes that the second appeal has been filed after a period of 02 years and 10 months from the date of filing of the first appeal which was filed on 29.12.2017. The appellant has also failed to give any valid reason explaining the delay that could have been considered as a sufficient cause preventing the appellant from filing his second appeal after the stipulated time mentioned under Section 19(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, may 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. 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, may 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. 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, may 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. of the RTI Act. In the absence of any valid reason/sufficient cause preventing the appellant from filing the appeal in time, it is appropriate to consider the case as time barred under Sec 19(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, may 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. 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, may 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. 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, may 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. of the RTI Act.

During the hearing too he was unable to explain the delay.

Decision:
In view of the above, the appeal is considered as time barred under Sec 19(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, may 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. 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, may 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. 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, may 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. of the RTI Act and accordingly dismissed.

The appeal is disposed of accordingly.
Vanaja N. Sarna

Information Commissioner

Citation: Sumer Singh v. Directorate of Personal Services, Air HQ in File no.: - CIC/IAIRF/A/2020/131458, Date of Decision: 26/04/2022