I am a Government servant. I am also legally Qualified being a law Graduate. I had recently filed a Writ Petition in J & K High court on a criminal matter since I reported a matter of Offences against an Employee in a senior position in complaint to higher Authorities. Higher Authorities did not take any action on my complaint as per the law. Subsequently, I filed writ Petition in Honourable High court of J& k seeking Writ of Mandamus and praying for Registration of Case and FIR against the erring officials who have not acted as per the law.
However, under Family Pressure, I had to withdraw the Petition Quoting personal reasons. Next Year I am going to retire.
After retirement, I intend reopening the case. I discussed about reopening the case with my Counsel. He said yes it can be done because it is a plain withdrawal of the Petition. Now largely the High court rules of every state are mire or less similar. As per J & K High Court Rules, of year 1999, (which are superseded now), the Petition are kept forever. It means the Complaints so given by me to Authorities and so annexed by my counsel with Petition will also be kept. So my query three fold:-
1. Generally what is the rule for retention of Submitted Petition with annexures.
2. Can these annexures containing my complaints with official documents submitted to court be referred at later stage since these complaints, the so called annexures to my Petition are now the court Property.
3. If I file RTI , I can at the maximum only seek certified copy of my Petition( Not the annexures i.e the complaints containg official.Documents submitted to Authoruties) [ As told to me by my counsel].
Having withdrawn the case, adopt a different course of action if alt considered necessary and prudent. Original documents are seldom filed in a WP; true or attested copies would have been sufficient.
