Whether separate caomplaint before cvc/cbi can be made?

Raman (Querist) 09 July 2012 This query is : Resolved
My Brother has filed case ( service matter) before CAT for quashing illegal appointment made by premier Institute of India.The CAT has directed to furnished the records.The respondent Institute decline to furnish the same.The court has given many Opportunities but Institute finally say that records are missing/untraceable..The court then directed that it will made decision on the basis of the pleadings made by parties

My question is that whether CAT will give favor or in against of brother, but in such case who will take action against irresponsible person for delibartely misplaced the records so that fraud could not come into notice of the court?

In case the court give reverse decision and made against of my brother whether we can file complaint to CVC/CBI for misplacement of records from the office?

If not please provide the appropraite method in the interest of common public?

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Devajyoti Barman (Expert) 09 July 2012
1. The alleged missing of documents relevant for this case would certainly help the case of your brother.

2.Yes in the context of pending litigation your relief lies from the high court itself which may direct causing necessary investigation through CBI.

Guest (Expert) 09 July 2012
Benefit of doubt would go in favour of your brother. But, if the Government Counsel insists in his argument on correctness of procedure and process against the claim of your brother, in spite of absence of records, your brother's advocate must insist on production of proof by presentation of (missing) record.

You can lodge a complaint to CVC/CBI against officers of doubtful integrity, but the complaint should be on "intentional & deleberate destruction" of record for ill-motives, NOT on missing record. But, be cautious, don't make any reference to your court case. The complaint should be of independent nature.