Whether separate application for enquiry by imaprtial agency can be made?
yogesh
(Querist) 08 November 2012
This query is : Resolved
I have filed the case against the organisation before the Hon'ble CAT in 2011 which backddooe appointment was made some where in 2006 without conducting selection process and without giving opportunity to the other eligible candidates
The matter is pending
During several rounds of Litigation, the CAT has issued directions to keep the records of the organisation ready for court perusal.But everytime they made excuses fianlly they have given last opportunity failing which reverse infrences will be recorded aginst the Organisation
The respondent Institute has submitted that records has been misplaced and when I inspected the court records , I surprised to locate that they have placed the affidavit on records without leave from court or directions made by the Tribunal
Now they have been pressing on other objections, Limitation, Locus standi etc
My query is that they have delibartely misplaced the records during the course of proceedings and nothing has been done by the Hon'ble Court in thsi regard as chances are there that the application may be disposed on preliminary objections but how can one figure out the fraud which can only be veiled out if some enquiry needs to be done through imaprtail agency
One learned friend has informed that similar case has been met in Guwahati in which officals has tampered the records and CAT has ordered CBI enquiry
Kindly comment for the sake of justice( as many offcials has been involved for thsi fraud)
Sudhir Kumar, Advocate
(Expert) 08 November 2012
Read you queyr.
The objections raised by deptt (as described by you) are :-
(i) Limitation, --- when did the cause of action arise and when did you file the OA.
(ii) Locus standi ---- how you were connected with the case and how your rights (as employee or expecting employee were affected)
If the OA fails on these grunds then you have no directions to be sought from the Court.
You still have other forum if you want action against erring officials.
Ms.Nirmala P.Rao
(Expert) 08 November 2012
Dear Client,
Citing the Guwahati case as an example, if you've all the necessary evidence to nail CAT, you can file a PIL in the concerned High Court under Art. 226 or in the
Supreme Court under Art 32 by filing a Writ of Mandamus to issue a direction to the CBI to conduct an impartial investigation into the fraud and other irregularities committed by CAT in selection process as a concerned public spirited individual even if you are not directly concerned with the case to unearth the truth behind CAT selection p0rocess whether you've locus standi or not and law of limitation does not apply to such blatant fraud and other irregularities in the selection process of eligible candidates for appointments to posts in CAT.
Ms.Nirmala P.Rao
Legal Expert
Sudhir Kumar, Advocate
(Expert) 08 November 2012
Agreed with Ms Nirmala Rao I will add that CAT does not have jurisdiction to pass directions under Art 32 or Art 226.
In case no fundamental right is violated then Art 32 may not help only 226 can help.
yogesh
(Querist) 08 November 2012
Dear Sudhir Kumar,
The petitioner belong to UR category participated in selection process in year 2001 but was denied appointment by keeping candiature in dark
The "organisation" has advertised only one post in 2004 (SC)and the selection process held on april 2005 and the candidate join the post in may 2005 and thereafter the panel become inoperative.But they offered one post(UR) in May 2006 to another candidate without notification, without conducting selection process and without giving opportunity to PETITIONER
Petitioner being working on adhoc basis sought information under RTI filed the case and came to know about his candidtaure which was denied in year 2001 filed the OA in 2009 and during reply affidavit he came to know that another post was also kept in dark in year 2006.The O.A filed by Petitioner in year 2009 was dismissed in 2011 due to Limitation.The petitioner susbsequently filed another O.A by impleading the person as party who was given appointment in year 2006
Now the matter is still pending.The CAT has specifically asked to produced gthe records but they delibrately misplaced the records
In such situation whether any M.A will going to help for initating enquiry agisnt the officals who has committed fraud
yogesh
(Querist) 08 November 2012
Dear Nirmala Rao,
Thanks for response,
Its not CAT ITS DIFFERNT ORGANISATION.
The PIL is not mainataianble as petitioner is thee interested person for the post
and I do agree that Law of Limitation don't apply in the case of fraud
Kindly provide the links on citations which cover the service matter
Sudhir Kumar, Advocate
(Expert) 08 November 2012
You are giving facts in instalements.
true there is no limitatin for fraud but CAT is not fraud investigating body. You have to go to appropriate forum. Your civil relief is time barred and you are perhaps wasting time in CAT.
only high court can exercise powers under Art 226. For that you need not file PIL ordinry petition will also be maintainable provided you have made acomplaint of fraud to any investigating agency and they abstain from investigation.
