Limitation period


On 21.11.2017 Central Information Commissioner  issues directions to the CPIO of a Govt organization to provide information to an appellant on his application , within 4 weeks from the date of receipt of his order.

CPIO vide his letter dt.16.12.2017 denies the information to the appellant u/s 8(1)(j) and 8(1)(g) , besides providing incomplete & false information .

On appellant's complant , after hearing both the parties, CIC on 16.4.2019 gives one more opportunity  to CPIO to supply information to appellant , as per his order dt.21.11.2017 within 4 weeks from receipt of his order dt.16.4.2019.

CPIO does not comply the orders of CIC dt. 16.4.2019 and files writ petition with High Court against the orders dt. 16.4.2019 of CICon 29.5.2019.

My question is-    1. Is the CPIO's petition dt.29.5.2019 is time barred on the ground

                                 a) the CPIO should have filed writ petition within 90 days from the date of 21.11.2019,the date of CIC order

                                 b) the CIC order dt.16.4.2019 is merely one more opportunity given to CPIO to supply information

                            2. Has CPIO done contempt to the orders of CIC dt. 21.11.2017 & 16.4.2019

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

Bring the notice to the president of India.

 
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Retired employee.

The limitation is not a hard and fast rule, and a party can express his inability to file such appeal showing some excuse and minor and marginal period is not take seriously by HC.  HC is having such discretion.

In RTI Act, there is no such word contempt and the maximum CIC can do is imposing a penalty of maximum Rs.25,000/- and recommendation for disciplinary action.  CIC is not a court and can only report disobedience of CPIO and noncompliance of orders to the Superior of that Public authority.  The public authority conducts a casual inquiry, gets a predrafted, tuned apology letter and will be let off, as there is no personal involvement in denying information..

Going to HC is always helping you.  Let HC decide.

 
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Advocate

In a writ petition, delay could always be condoned. If it is WP under Article 227, only laches count not mere delay.

 
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