Conditions under which Appeal Can be delayed

[AgentDoubleS]

I had applied for an addition of NPB Pistol in May 2013.

After much back and forth paperwork(including a police verification) and a personal hearing with Addnl Comm, Licensing, I recieved a letter (dated 24.07.13) on 28.07.2013 that my request has not been acceded to. On 30.07.13 I filed an RTI requesting the Licensing Authority to provide the reason for rejection and a copy of the police report.

I received a reponse on 14.08.13 (dated 08.08.13) which did not provide a reason but again stated that the request has not been acceded to. I filed an appeal for response to RTI and stated I am not satisfied with the response since it does not provide reason for rejection, this, on 16.08.13. I await a response.

I have to appeal my case with the LG. I have drafted the appeal myself. I doubt I will be able to submit my appeal by 24.08.2013 due to the back and forth of RTI and responses. My question is:

Will the back and forth RTI communication be a reason that will be accepted by the Appellate Authority (in this case the LG) as a genuine reason for delay that might extend beyond the 30 day timeline?

If it is not accepted, what recourse do I have? Will I have to reapply and then appeal?

Cheers,
SS

[goodboy_mentor]

Appellate authority is well within its legal powers under Arms Act 1959 to get the reasons for rejection from licensing authority. Submit your appeal within the time frame. In the appeal you can mention that you have not been provided with reasons for rejection as prescribed in Arms Act 1959 via RTI and matter is still pending.

Don't give leverage to PIO in RTI applications. Instead you could have simply asked for certified photocopies of your entire contents of arms license file in RTI application.

[Biren]

Dear SS,

Condoning the delay depends upon the authority before which the appeal is made. Depends means authority satisfaction. In your given case, go ahead with your appeal. You can move later a separate application stating principle of natural justice was not followed in the given case as no reason towards rejection was provided to you. This will strengthen your case.

First the appellate authority will decide the application as to why your application was rejected without giving any reason and then it will decide the appeal.

Cheers
Biren

[AgentDoubleS]

Thanks GBM, Biren. Unfortunately I'm going to be out of the country starting tomorrow till the coming Saturday. This does not leave me with the option of appealing before the court before the 30 day deadline.

GBM, in my RTI I had also requested a copy of my police verification report and a copy of all documents related to my addition application. I have got it now.

What would be my options now? I can submit my appeal on 26th, 2 days after the deadline. Should I put in a separate application along with my appeal detailing the reason for delay including my travel?

[goodboy_mentor]

Since you are traveling abroad, you can either submit delayed appeal along with reasons for delay or appoint a lawyer to represent you in your absence.

[AgentDoubleS]

I was keen on submitting the appeal myself, have worked hard to understand the law and complete all the documentation! I also want to gain this experience to help me in the future.Would you know of any cases which could help me understand the courts perspective towards delayed appeals. I searched the net and found a few references but not something very useful:

http://indiankanoon.org/doc/1950330/

I got through another case (it relates to Income Tax) that said:

Further, without prejudice to above it will be worth mentioning here that only on account of delay adverse view should not be drawn. There is a direct judgment of Hon'ble Supreme Court in case of Collector, Land Acquisition v. Mst Katiji & Ors. [1987] 62 CTR (SC) 23 : [1987] 167 ITR 471 (SC). The relevant paras are being reproduced hereunder :

1. Ordinarily, a litigant does not stand to benefit by lodging an appeal late.

2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this, when delay is condoned, the highest that can happen is that a cause would be decided on merits after hearing the parties.

4. When substantial justice and technical considerations are pitted against each other, the cause of substantial justice deserves to be preferred, for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay.

5. There is no presumption that delay is occasioned deliberately, or on account of culpable negligence, or on account of mala fides. A litigant does not stand to benefit by resorting to delay. In fact, he runs serious risk.

6. It must be grasped that the judiciary is respected not on account of its power to legalize injustice on technical grounds but because it is capable of removing injustice and is expected to do so.

Cheers,
SS

[inplainsight]

Why not write to the LA and ask them to reconsider their decision. Also you could mention in the letter that if even after the reconsideration, they find you ineligible then they should provide you a reason in writing under section 14.3.

a. They will reject you again and you shall have 30 days to appeal THAT order.
b. You will have a reason to appeal against.

[jashwantsinh]

inplainsight, is there any legal provision that one can still file a letter to LA, to reconsider their decision which is negative? can anyone
put more light on this issue.

It is not at all a bad idea to get new time limit to file appeal agaist LA denial.

[inplainsight]

Technically, appealing against the LA's order is optional. When an authority passes an order you can either challenge it, request them to reconsider or accept it.
At best, they will reconsider and grant your request.
At worst, they will reject you again and provide a reason in writing (provided you ask for it under section 14.3). When they send you that letter, that itself can be challenged. (Take rahuldelhi's case as an example.)

[goodboy_mentor]

SS, the points that you have mentioned from Supreme Court judgment are certainly useful. You may cite these points of judgment while requesting to condone your delay due to genuine reasons. Moreover your reason for delay is genuine without any malafide or ulterior motive. The main purpose of Appellate Authority is to do natural justice under Arms Act 1959 and not subvert the justice under some excuse or pretext.

[AgentDoubleS]

Thanks gbm, will do.

inplainsight, after the letter now I wrote to the Commisioner, I doubt LA will be willing to reconsider the decision. Besides even after my letter and their RTI response they've not reconsidered it. Can't see any reason why they will,unless the new gentlemen at the helm has a favourable view towards rightful arms owners. Will be interesting to see!

[AgentDoubleS]

Filed my appeal with the LG's court today. Got a date of 27th Nov. Quite a fulfilling experience of working through the system, creating the appeal and related documents and finally submitting it.

Thanks to all for help and support- inplainsight, GBM, Biren and Rahul, appreciate it.

[Amit357]

GBM othere senior members,dont you think its high time that we create a vote bank for all legitimate firearm holder/prospective holders,then only the authorities are gonna listen,i think you guys can understand VOTE BANK politics,right now one is at the mercy of Whims & Fancies of these guys in LA,the other day a guy at the LA wanted a persons request for a License refused,he sent the guy to the Boss when the Boss had a slanging match with his wife,and the Boss threw this guys application out.The LA was laughing afterward---------------

[inplainsight]

Filed my appeal with the LG's court today. Got a date of 27th Nov. Quite a fulfilling experience of working through the system, creating the appeal and related documents and finally submitting it.

Thanks to all for help and support- GBM, Biren and Rahul, appreciate it.

Yo. My wife filed her appeal today and got the same date. What a coincidence!

[AgentDoubleS]

Ha!Ha!
Our lives had to cross somewhere....'officially'!