Expert opinion
Querist :
Anonymous
(Querist) 05 March 2011
This query is : Resolved
Dear Sir,
I produce the very part of my Judgment which is stated below for deciding the issue of Limitation
"7 It would be apparent, from a perusal of the above-extracted Information, that the applicant had sought precise information about whether result of interview had been announced in any manner and this answer to this query was affirmative, to provide him a certify copy of the Publication/Official bulletin bearing signature of signing authority and if the response thereto was in negative, then to give him the information under which provision the result of the waitlisted candidates was not displayed, In response to these queries, the CPIO informed that “ No notification(s) of the result is available in the records.” In official parlance, information of this category would be documented in various records. It is, thus, neither here or there for the respondents to have averred that no notification of the result was available on record. The response to each query ought to have been very specific. It is obvious that there was considerable refrain on the parts of the respondents in furnishing the information which had a very relevant bearing on adjudication under consideration
8 At the same, it requires pertinent notice that the Applicant is indicated to have applied for the obtaining the information under the RTI Act, for the first time in the year 2007. He was already in employment, though on adhoc basis, with the xxxx for the last about eleven years. The selected candidates were holders of indicated placements in that very organization. The Applicant has not been able to indicate how can he wriggle out of the predicament of having to explain the refrain on his part in filing of the O.A and in not filing the plea for information under the RTI Act from 2001 to 2007”
My petition was treated as time barred by CAT. Previously hon'ble member of CAT has issued directions to the Respondent whether the result for the post was ever declared?
But he retired and new Hon'ble member has reversed the final order despite of fact that RTI Act is not applicable before year 2005
Please inform whether the Review can be filed as there is mistake of error on record in regards to the RTI Act or its prefer to file appeal before High Court?
Guest
(Expert) 05 March 2011
KINDLY FILE APPEAL IT WILL BE MORE EFFECTIVE.GOOD LUCK.
