Chhattisgarh HC Upholds Dismissal Of RTI Second Appeal Filed 412 Days Late, Gives Applicant Liberty To Seek Information Anew

The petitioner challenged the Chhattisgarh State Information Commission’s dismissal of his second appeal as time-barred.

He argued that the First Appellate Authority had not issued a final order, that illness and other personal difficulties contributed to the delay, and that he had explained the delay by affidavit.

The Commission maintained that sufficient cause had not been established.

The High Court recorded that the second appeal had been filed approximately 412 days late.

The Court cited no specific provision of the Right to Information Act, 2005, or any precedent as the basis for its decision. It considered whether the Commission had erred in declining to entertain the second appeal due to the delay.

Section 18 of the Act appeared in the relief sought by the petitioner, but the Court did not decide the case under that provision.

The Court considered the delay of approximately 412 days and concluded that the Commission could not be said to have erred in declining to entertain the appeal on that ground.

It therefore found no basis to interfere with the impugned order, without determining the merits of the petitioner’s claim for information. To preserve the petitioner’s ability to pursue the information request, the Court granted liberty to file a fresh application in accordance with law.

It permitted the petitioner to file a fresh application seeking the requisite information concerning the subject matter of his earlier application, in accordance with law.