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2024 0 Supreme(Gau) 1754 : The Hon’ble Supreme Court has directed that if appeals under Section 19 of the RTI Act are filed within four weeks from the date of the impugned order, they should be considered on merits by the appellate authority without insisting on the period of limitation, even if there is a delay in filing due to non-receipt of a decision or order. This applies specifically to cases where no decision or order has been passed by the public authority, and the applicant seeks to file an appeal after a delay.Checking relevance for Suresh Anant Kamat VS Central Information Commissioner...

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R.K. Jain vs Union of India - Delhi (2018)

: Under Section 19(1) of the RTI Act, an appeal may be preferred to a senior officer if the appellant does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of Section 7, or is aggrieved by a decision of the Central Public Information Officer. The Appellate Authority may admit the appeal after the expiry of the thirty-day period if satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. This provision allows for condonation of delay in filing an RTI appeal when no decision or order has been passed within the stipulated time, provided the appellant demonstrates sufficient cause for the delay.Checking relevance for Sehkari Bhandar Co-op. Consumer Stores Ltd. VS Union of India...

2018 0 Supreme(J&K) 18 : Under Section 19(1) of the Right to Information Act, 2005, if a person does not receive a decision within the time specified under Section 7(1) or clause (a) of sub-section (1) of Section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, they may file an appeal within thirty days from the expiry of such period or from the receipt of such a decision. However, the senior officer may admit the appeal after the expiry of the thirty-day period if satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. This provision allows for a delay in filing an RTI appeal when no decision or order has been passed, provided the appellant can demonstrate sufficient cause for the delay.Checking relevance for HAR PAL SINGH VS STATE OF U. P. ...


AI Overview

AI Overview...

  • Delay in Filing RTI Appeal - Generally, delays can occur due to procedural reasons, lack of proper service of orders, or administrative delays. The RTI Act provides mechanisms for condonation of delay if sufficient cause is shown, and the appellate authority can consider such applications ["2023 Supreme(Online)(KER) 4215"], ["2024 Supreme(Online)(CIC) 4002"], ["2025 Supreme(Online)(CIC) 3810"], ["2021 Supreme(Online)(CIC) 5145"].

  • No Decision or Order Passed - When no decision or order is passed, or if the order was not served to the appellant, they may face delays in filing appeals. The RTI Act allows appellants to seek information or file appeals once the order is received or becomes accessible, and condonation can be sought if delays occur due to reasons beyond their control ["2024 0 Supreme(Guj) 1976"], ["2025 Supreme(Online)(CIC) 3810"].

  • Condonation of Delay - The law permits filing applications for condonation of delay, which are to be considered based on whether the appellant can establish sufficient cause, such as procedural delays, illness, or administrative lapses. Courts and tribunals have condoned delays in various cases when justified ["2023 0 Supreme(HP) 423"], ["2023 Supreme(Online)(KER) 4215"], ["2023 0 Supreme(Bom) 126"].

  • Limitations and Timeframes - While RTI appeals generally should be filed within prescribed time limits, these can be extended or condoned if justified. The Supreme Court and CIC have acknowledged delays caused by administrative procedures or other genuine reasons, emphasizing the importance of establishing sufficient cause for delay ["2024 0 Supreme(Del) 926"], ["2024 0 Supreme(Del) 437"].

Analysis and Conclusion:Delays in filing RTI appeals when no decision or order has been passed or when there is a delay in receipt of the order are often considered valid if the appellant can demonstrate sufficient cause. The RTI Act and judicial precedents recognize that procedural delays, administrative lapses, or lack of service can justify late filings. Courts and CIC have the authority to condone such delays upon proper application and proof of genuine reasons, ensuring that procedural technicalities do not hinder substantive justice. Therefore, appellants should promptly seek condonation if delays occur, especially when no order has been passed or served, to ensure their rights are protected ["2024 0 Supreme(Guj) 1976"], ["2025 Supreme(Online)(CIC) 3810"].

When Is a Separate Condonation of Delay Application Required in Legal Appeals?

Is a Separate Application for Condonation of Delay Required in Appeals?

In the fast-paced world of legal proceedings, missing deadlines can jeopardize your case. But what happens when genuine delays occur? A common query from litigants is: Please Find Judgements that a Separate Application for Condonation of Delay is Required. This question often arises in contexts like RTI appeals, labor disputes, and civil matters. While courts emphasize timely filing, they provide leeway under Section 5 of the Limitation Act, 1963, or specific statutes like the RTI Act, 2005, if sufficient cause is shown. However, does this require a separate application? Let's dive into the nuances, backed by judicial precedents. Note: This is general information, not legal advice. Consult a lawyer for your specific case.

Understanding Condonation of Delay: The Basics

Condonation of delay refers to a court's discretionary power to excuse late filings if the delay is reasonably explained. Under Section 5 of the Limitation Act, 1963, delays can be condoned if the applicant shows they were prevented by sufficient cause from filing on time. Courts distinguish between a genuine explanation and mere excuses, as highlighted in various rulings. Condonation of delay is a discretionary power, requiring a sufficient explanation rather than mere excuses, and found the reasons for delay in this case satisfactory.2025 0 Supreme(HP) 434

Typically, parties file a separate interlocutory application (I.A.) alongside the main appeal to seek condonation. This practice ensures the court addresses the delay issue distinctly before merits. Failure to do so may lead to dismissal on limitation grounds.

Delay in RTI Appeals: When No Decision is Passed

Under the RTI Act, 2005, Section 19 prescribes a 30-day limit for first appeals from the receipt of a decision or order by the Public Information Officer (PIO). But what if no decision or order has been passed? The limitation period doesn't strictly apply, as there's nothing to appeal against yet.

  • The RTI Act provides: an appeal must be filed within thirty days from the receipt of a decision or order2018 0 Supreme(J&K) 18.
  • In the absence of a decision, the appeal right under Section 19 isn't triggered, and delays may be condoned for sufficient cause 2018 0 Supreme(J&K) 18.
  • The proviso to Section 19(1) empowers the appellate authority to admit late appeals if satisfied with the explanation 2018 0 Supreme(J&K) 18.

The statutory remedy under Section 19 is available only after a decision or order is passed. It also clarifies that the limitation period is linked to the receipt of such a decision.2018 0 Supreme(J&K) 18

Here, a separate condonation application strengthens the case, especially post-decision. The appeal provisions under Section 19 are activated upon receipt of a decision, and the limitation period is not automatically applicable in the absence of such a decision.2024 0 Supreme(Gau) 1754

Key Judgments Mandating Separate Applications

Indian courts consistently require separate applications for clarity and procedural fairness. Here's a breakdown of pivotal cases:

1. RTI and Administrative Delays

In RTI matters, while the appeal itself may reference delay, courts favor explicit applications. For instance, when no reply is furnished, appeals proceed, but post-response delays need justification. However, appellant has expressed his dissatisfaction over the reply of the CPIO and preferred this appeal by stating that no information has been received even af...2024 Supreme(Online)(CIC) 5952

2. Workmen Compensation and Administrative Hurdles

In a labor case under the Workmen/Employees Compensation Act, 1923, a 124-day delay was condoned via a dedicated application. Application for condonation of delay of 124 days in filing appeal against Award dated 30th June, 2022 - Delay explained due to administrative processes... Court found sufficient cause for delay - Delay condoned.2025 0 Supreme(HP) 434 The court stressed: The court emphasized that condonation of delay is a discretionary power, requiring a sufficient explanation rather than mere excuses...2025 0 Supreme(HP) 434

3. Exclusion of Time for Certified Copies

A landmark on procedural delays: The time consumed in obtaining a certified copy of the judgment should be excluded from the period of limitation for filing an appeal... Accordingly, I.A. No. 1669/2018 is disposed of... there happens to be no delay in filing appeal on account thereof, there happens to be no question of condonation of delay.2018 0 Supreme(Pat) 843 This underscores using separate I.A.s under Section 12(2) of the Limitation Act.

4. Land Acquisition Appeals

Even in public interest cases like highway projects, long delays (e.g., 1371 days) were addressed via appeals, implying prior condonation bids. There is, however, delay of 1371 days in filing the appeal against the order dated 27.04.2018...2022 0 Supreme(Telangana) 101 Courts allowed writ appeals, prioritizing substance.

5. Service Termination Disputes

In employment matters, short delays (e.g., 23 days) were condoned liberally. There is a delay of 23 days in filing the appeal.2017 0 Supreme(Kar) 989 Another case noted: If length of delay is considered, there is no inordinate delay... he has not gained any undue advantage by not filing the appeal within time.2013 0 Supreme(Bom) 1770 2013 0 Supreme(Bom) 1776 Courts quashed dismissals, directing merits hearings, but via writs challenging delay rejections—highlighting the need for robust initial applications.

Exceptions and Best Practices

  • No inordinate delay + no prejudice: Courts lean towards condonation, as in The appeal is a valuable right of the party and such right cannot be taken away by adopting hyper-technical approach.2013 0 Supreme(Bom) 1776
  • Public interest matters: Like NHAI projects, broader justice prevails 2022 0 Supreme(Telangana) 101.
  • RTI specifics: Document delays pre-decision; file separate condonation post-response 2018 0 Supreme(J&K) 18.

Recommendations:- Always file a separate I.A. for condonation with affidavits explaining cause.- Gather evidence of diligence (e.g., certified copy pursuits).- Act promptly once trigger events (like decisions) occur.

Conclusion: Prioritize Procedural Compliance

Judgments affirm that while condonation is discretionary, a separate application is typically required to invoke it effectively, preventing technical dismissals. In RTI appeals without decisions, timelines are flexible but justify delays rigorously 2024 0 Supreme(Gau) 1754 2018 0 Supreme(J&K) 18. By understanding these principles—from administrative lapses to statutory exclusions—you can safeguard your rights.

Key Takeaways:- Limitation triggers on decision receipt; pre-that delays often excusable.- Separate applications demonstrate seriousness and aid discretion.- Sufficient cause trumps rigidity for substantial justice.

Stay proactive in legal matters. For personalized guidance, reach out to legal experts.

References:- 2018 0 Supreme(J&K) 18, 2024 0 Supreme(Gau) 1754, 2024 Supreme(Online)(CIC) 5952, 2025 0 Supreme(HP) 434, 2022 0 Supreme(Telangana) 101, 2018 0 Supreme(Pat) 843, 2017 0 Supreme(Kar) 989, 2013 0 Supreme(Bom) 1770, 2013 0 Supreme(Bom) 1776

#CondonationOfDelay, #RTIAct, #LegalDelays
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