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Thread: second appeal-what next?

  1. second appeal-what next?

    Dear Members,
    Erroneous decision of service periods: Apr 85 to Oct 87& May 89 to April 90 was contested in the Tribunal in 1994, followed by Contempt case in 2001. Fresh petition was filed in 2005 but declared time-barred and the High Court dittoed the Judgment.
    Since Aug 2006 and afterwards, followed by latest RTI application on 15.5.07, information regarding these cases was given, "FILE NOT AVAILABLE BEING TOO OLD". On 2nd appeal, it was argued that the file had been destroyed after preservation period.
    The 2nd appeal has been disposed off, directing the Public Authority to show the file and if destroyed, to supply the applicant a copy of circular regarding preservation/destruction of record.
    My contention is that the matter remained sub judice up to Dec 05. As such, the file was definitely alive till then, and was required to be retained for further period, as laid down in the second para of the above circular, for records likely to be used in future. The PA has also said that no record is maintained of the destroyed records, nor any permission from any official is necessary for weeding out of record.
    Now, what should I do for inspection of the file or for supply of grounds for decision?

  2. #2

    Re: second appeal-what next?

    I guess, if second appeal fails, assuming it was with the CIC, New Delhi, then the only way is to knock the HC doors.
    You should file a petition with the high court against the order...

    But your 2nd appeal was at the SIC, then you can still go to the CIC with your complaint.
    Best Regards,
    Mithun Kumar.
    "First they ignore you. Then they laugh at you.
    Then they fight you. Then you win."
    --------------------------------- M.K.Gandhi

  3. #3

    Re: second appeal-what next?

    But your 2nd appeal was at the SIC, then you can still go to the CIC with your complaint.
    Hello fightin498a,

    Jurisdictions of State Commissions and Central Commissions are mutually exclusive.

    So one may not move from one commission to other.


  4. #4
    Col NR Kurup (Retd)
    Blog Entries
    Rep Power

    Re: second appeal-what next?

    You have stated that " The PA has also said that no record is maintained of the destroyed records nor any permission from any official is necessry for weeding out of records " This is contradictory to the prevelent office procedure. I don't think any responsible official will give a written reply like that. Kindly get documentary evidence of above statement. Myself being out from service since long am not in a position to quote the relevant provisions of Rules. Some of the lerned members of this forum will be able to provide you the exact details of orders.

  5. Re: second appeal-what next?

    My heart felt thanks to all the learned members for the interest shown and valuable guidance.
    With warm regards


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