Period of limitation -fraud
yogesh
(Querist) 04 November 2012
This query is : Resolved
Kindly comment on the following grievances
I have filed the case in 2011 before the CAT against illegal appointment of one candidate who was given appointment by the authorities without conducting selection process in year 2006. I came to know about this only through reply affidavit filed by employer in one case in year 2009 against my employer where the CAT too has asked about his illegal appointment vide its order 2010.Though he was not the party of the case. Therafter after receiving information from RTI, I filed the fresh case against him in year 2011. During the course of hearing the CAT has issued many directions by asking them to furnished the records and has warned them that the reverse inferences will be recorded if the record would not furnish to them. Finally the authorities say that the record has been misplaced and therafter they raised the objections of Limitation, resjudicata and locus standi. The CAT has asked me to file the condonation of delay which I have already filed and since the matter has already been taken for more than 1.5 years before the CAT.
Whether its possible that CAT may dismiss the application on the basis of objections without going through the merits of case when it is already established that they have committed fraud?
Since the matter is pending what applications can be move for directions?
Please provide the citations that period of limitation shall not be operative due to fraud
ajay sethi
(Expert) 04 November 2012
visi indoian kanoon website for judgements that period of limitation is not applicable in case of frauds
yogesh
(Querist) 04 November 2012
Thanks for reply..seeking the citations on the service matters as there are judgments on Commissioner of Customs Vs Candid enterprises etc which are totally different
Sudhir Kumar, Advocate 
(Expert) 04 November 2012
you already have file 2 cases. None should advise you without seeing the papers as there isa danger of wrong advise without knowing the facts.
Devajyoti Barman
(Expert) 04 November 2012
Yes, give more details.
Th decisions do not have blanket applicability in every cases.
Every decision is relevant in its unique facts situation.
yogesh
(Querist) 04 November 2012
Infact 3 cases has been filed
The facts are stated below:
The Applicant was working on adhoc basis in the Govt Institute and participated in selection process in year 2001 against the 2 Unreserved Posts (UR).he was placed in the waiting list no-2 .but the result of the post was not declared.One employee died and the seat was offered to waiting List No-1 The candidate who was placed in merit List no-1 also left after few months but the seat was not offered to the waiting List No-1( Waiting List was valid for period of 1 year)
Subsequently another 1 Reserved Post(SC) was created in year 2005.Since he was not eligible he could not particiapte against the reserved Post.The selected canddiate join the post Therafter another Reserved Post (OBC)in 2006 was created again he was not eligible . The employer this time has filled 2 posts one for OBC and one given to the other SC candidate( Respondent No-2) who was placed as waitlisted candidate after period of 1 year against the unreserved post
The Applicant smells fraud file RTI application in which he was wrongly informed that Respondent No-2 was given appointment agaisnt the Reserved Post( Though he was occupying the Unreserved Post) and through RTI he came to know that he was placed as waitlisted candidate but was denied appointment when the panel was valid
The applicant file the O.A before the CAT which was allowed and was given direction to appoint him on regualr basis. The employer move to H.C for Limitation which was remanded back. The CAT asked about the respondent No-2 who was not the party of the case and nothing come on records
The employer discontinued the services which the applicant has challenged by separate O.A for discontinuation
Thereafter the Applicant file the 3 O.A for illegal offering of the seat in year 2006 without conducting selection process. Now the employer has delibartely misplaced the file
Please comment /advise
