FAA adjudicates appeal after 45 days without giving any reson

Dear Client,

I understand your concern, and based on your legal query, I would like to give you my expert opinion.

That under 19(6) of the RTI Act 2005, a First Appellate Authority (FAA) must adjudicate an appeal within 30 days or a maximum of 45 days with written reasons for extension, but when the order is passed after the 45 days, then the order is considered invalid or illegal.

Yes, you have every right to go for a Second Appeal stating the grounds mentioned by you, which are absolutely strong grounds of appeal, and you can file a Second Appeal within 90 days from the date of receipt of the order from the FAA.

For any legal queries or assistance, you can always contact us (OLQ LAW FIRM)

Dear Client, 

Yes, you can raise all of these points in your second appeal. You may argue that the order of the First Appellate Authority is unsustainable on the ground that it is a non-speaking order, it is undated, includes an incorrect provision relating to limitation period for filing an appeal, and it is passed even after 45 days without recording any reason for the same in case the law or rules make it mandatory to record reason for passing the order. However, the mere fact that the order is passed even after 45 days would not render it illegal/void unless there is an express provision in the law for the same.

I hope this helps and if you have any further issues do not hesitate to contact us.