First Appellate authority (FAA) under RTI Act rejected the Appeal just because it was filed beyond 30 days, in the pretext that “There is no provision under RTI for condoning the delay in filing the appeal”. The commission retreated Section 19 (1) of RTI Act and directed FAA that “the First appellate authority should not reject the first appeal filed beyond the prescribed period without hearing the appellant and consider the reason of delay.”
First appellate authority should have considered the reasons for delay proposed by appellant as proviso to section 19 (1) of the RTI Act provides:
“Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.”
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No provision for condoning the delay in filing the appeal
Earlier the FAA had rejected the appeal by stating that appeal is delayed beyond prescribed period of 30 days. The same has been filed after delay of more than three years. There is no provision under RTI for condoning the delay in filing the appeal. The decision can be read here: CIC_SA_A_2015_001375_M_177829!