Records has been traced but still have not been produced before the court
yogesh
(Querist) 16 October 2013
This query is : Resolved
I have filed the court case for illegal appointment of one person without holding selection process before the CAT..and the court directed the employer to file the entire records before the court..the employer didnot furnish the records despite of several opportunites given to them and finally they filed the affidavit that the records are untraceble..I have already filed the application under 340 CrPC for committing the perjury......I file the RTI seeking information about what steps they have taken in tracing the records..They didnot furnish the reply and when I moved to the central Information commission tey informed that the records has been traced and found in the office of the counsel.. I mean to say if the counsel has been delibrately holding the records and didnot furnish to the court despite his employer has furnished the affidavit they will furnished to the court is certainly wrong has been committed from their side..How can get the direction issued for their concealment?
Devajyoti Barman
(Expert) 16 October 2013
Do not rush the things.
The CAT has already given a direction to produce the records.'If it fails to produce the same it would act in your benefit.
When CAT is in seisin of the dispute do not poke your nose in the self same matter.
Have patience to see the final order.
yogesh
(Querist) 16 October 2013
Sir, I want to add one thing that CAT has made an order that since the record has not been produced despite of our sevral orders and we have no option left but to decide the case on the basi of the pleadings made before us...
Sionce the counsel of the repondent is delibrately holding the records and surely he is saving the culprits and perosns who are behicnd the conspiracy as illegal appointment amde without selction process and many perosns are involved in the forged appointment. Those perosns will never be highlighted if the recoirdsa re not been seized buy the court...
Devajyoti Barman
(Expert) 16 October 2013
Then you have to prima facie satisfy the Tribunal about holding the record back. Unless you satisfy then CAT may not be moved much.
In any case withholding the record would be a demerit for the employer.
Rajendra K Goyal
(Expert) 22 October 2013
Agree with the expert, wait and watch. The matter is in your favor.
