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RTI APPEAL CONDONATION OF DELAY APPLICATION


ravigator

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ravigator

Respected Sir/Madam

       Do I have to mention "under section 5 of the limitation act " while writing an application for condonation of delay regarding an RTI second appeal ??  . . Pls guide/advise

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Prasad GLN

Just mention that you are busy in your official commitments and the appeal missed your attention.   That is more than enough.  There may not be absolutely no objection for such condoning, heavens won't full if it is not condoned and in case of rejection file Fresh RTI Application and write as the delay in FA is not condoned this fresh RTI as the matter is still pending.

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ravigator

That is ok sir but in the title of the application do we need to mention that the condonation of delay application is "under section 5 of the limitation act"   ??. That is the main thing I posted the question for. . Because I think that all court applications n appeals come under the section 5 of the limitation act. But wanted to know whether it applies to RTI or not  . My mind says yes but wanted confirmation/stamp from the experience of this helpful forum.  . U replied sir, we appreciate that but our question remains unanswered.  

thank you nevertheless 🙂👍

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Prasad GLN

A simple sentence in PRAYER is sufficient for the purpose. (Kindly condone the delay in filing first appeal as the appellant........................)

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ravigator
On 2/7/2021 at 10:23 PM, Prasad GLN said:

A simple sentence in PRAYER is sufficient for the purpose. (Kindly condone the delay in filing first appeal as the appellant........................)

Sir we did but the appeal document came back to us asking us to write a seperate condonation of delay application. .  

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Prasad GLN

Then, what prevented you in writing simple sentence as asked by FAA, when focus in getting information early ?

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ravigator
On 2/9/2021 at 4:53 PM, Prasad GLN said:

Then, what prevented you in writing simple sentence as asked by FAA, when focus in getting information early ?

Ur not getting the point only sir. . . We wrote 2nd appeal. In the prayer section we condoned the delay with reasons .  All that was done .  . . But the appeal document cameback to us with the instruction to write a seperate condonation of delay application. . We know that section 5 of the limitation act (which deals with condonation of delay) applies to all appeals n applications. . However, when we saw videos to get confirmation abt it, we saw that they were always talking abt court cases. . Hence the doubt came. N hence this question. . Do we have to mention "under section 5 of the limitation act" in the title while we r writing this seperate condonation of delay application for our RTI 2nd appeal ??

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Prasad GLN

First do not get confused.

The condoning of delay was raised by you for First Appeal.

The second appeal was not raised.

Still the status of your appeal.is not clear

We need not teach authorities about such sections and condoning is a formality.

Still if any one wanted to quote such sections the appellant can quote that section.

If you wish to add the Sec.5 you may mention it to your satisfaction as RTI Act is entirely separate and time frame fixed under the Act prevails as per Sec.19.

Sec.5 in RTI Act states of designation of various officials under RTI Act to my knowledge,  I have never come across any member raising limitation act for condoning the delay for filing appeals under RTI.

Read sec.19 of RTI Act in your mother tongue and be guided.  You can act as per your wish.  We dare not advise what we are not aware and  can not guide on such issue that we have never come across or raised by other members at any time in the past.

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ravigator
2 hours ago, Prasad GLN said:

First do not get confused.

The condoning of delay was raised by you for First Appeal.

The second appeal was not raised.

Still the status of your appeal.is not clear

We need not teach authorities about such sections and condoning is a formality.

Still if any one wanted to quote such sections the appellant can quote that section.

If you wish to add the Sec.5 you may mention it to your satisfaction as RTI Act is entirely separate and time frame fixed under the Act prevails as per Sec.19.

Sec.5 in RTI Act states of designation of various officials under RTI Act to my knowledge,  I have never come across any member raising limitation act for condoning the delay for filing appeals under RTI.

Read sec.19 of RTI Act in your mother tongue and be guided.  You can act as per your wish.  We dare not advise what we are not aware and  can not guide on such issue that we have never come across or raised by other members at any time in the past.

Hmmm. section 19 is pertaining to procedure of appeals... that we have followed n come this far as no reply was given to ur 1st appeal. .Well time frame/time bound we know n that's how condonation of delay came into the picture. . N condonation of delay in general is part of/elaboration of the limitation act, with section 5 specifically dealing with the concept of condonation of delay in Indian law n justice procedure.  . U answered that we respect n appreciate but sir u completely missed out on the essence of the question/query only. In such simple language we wrote but still u cudnt catch the question only. .we never even once mentioned section 5 of the RTI act. We asked abt section 5 of the limitation act for the above mentioned reason. . . N section 19  of RTI act we went through. . Neway ur contribution wil also play some part. . 🙂👍

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Prasad GLN

I am just quoting the Sec.23 and you may decide further action

Section 23: Bar of jurisdiction of courts

No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

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ravigator
On 2/11/2021 at 6:21 PM, Prasad GLN said:

I am just quoting the Sec.23 and you may decide further action

Section 23: Bar of jurisdiction of courts

No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

I think I'll go ahead n title it as "application for condonation of delay to the CIC". . I'll drop the "under section 5 of the limitation act" part that I was thinking of adding at the end earlier.  . U tried to take this query to the logical conclusion, we appreciate that sir. Thank u.

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