Point of Law : Powers conferred under Article 142 read with Article 141 of Constitution of India, declared that the said order is binding order within meaning of Article 141 of the Constitution of India on all the Courts/Tribunals and authorities.

JUDGMENT :

1. The petitioner by way of instant writ petition has challenged the order dated 27.01.2021 passed by the Rajasthan State Information Commission, whereby the second appeal filed by the petitioner on 25.01.2021 against the order dated 18.09.2020 passed by the First Appellate Court, was returned being time barred.

2. Counsel appearing for the petitioner has placed reliance on the order dated 23.03.2020 passed by the Hon’ble Apex Cour in Suo Motu Writ Petition (Civil) No(s). 3/2020, by which the Hon’ble Apex Court extended the period of limitation in all Special Laws or the General Laws with effect from 15.03.2020 till further order/s.

3. Counsel for the petitioner submits that finally the Hon’ble Apex Court vide its order dated 08.03.2021 while considering the suggestions of the learned Attorney General of India regarding future course of action, disposed off the Suo Motu writ petition with certain directions:-

“1. In computing the period of limitation for any suit, appeal, application or proceedings, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021.

2. In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply.

3. The period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing the periods prescribed under Sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribes period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.

4. The Government of India shall amend the guidelines for containment zones, to state :

“Regulated movement will be allowed for medical emergencies, provision of essential goods and services, and other necessary functions, such as, time bound applications, including for legal purposes, and educational and job-related requirements.”

4. Counsel appearing for the petitioner submits that in view of the observations of the Hon’ble Apex Court in its order dated 23.03.2020 and the directions issued in its order dated 08.03.2021, the impugned order dated 27.01.2021 passed by the Rajasthan State Information Commission, deserves to be quashed and set aside.

5. Mr. S.S. Raghav, AAG appearing for the respondents State does not dispute the fact in regard to the date of filing the second appeal, the factual as well as legal aspect as argued on behalf of the petitioner.

6. The Hon’ble Apex Court in its order dated 23.03.2020 in exercise of its powers conferred under Article 142 read with Article 141 of the Constitution of India, declared that the said order is binding order within the meaning of Article 141 of the Constitution of India on all the Courts/Tribunals and authorities.

7. In the order dated 23.03.2020 the Hon’ble Apex Court in the critical circumstances faced by the Country on account of Covid-19 Virus, observed as under:-

“To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/ Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings.”

8. The Hon’ble Apex Court while disposing off the above