Guest
(Querist) 19 November 2018
This query is : Resolved
Dear Members:
I'm presently litigating a civil matter which has necessitated me to file an RTI petition seeking service (suspension) details of an engineer in the State Irrigation Deptt. The fact is that the department concerned has not given any reply and now the RTI matter is pending before the State Information Commission and presently the Commission is engaged in taking up matters for the year 2016. I was told that there is no hope of my Second Appeal being taken/put up before the year 2020. Now since my matter in the civil court is currently in the evidence stage, will it be safe/okay if my witnesses testify that the said engineer faced suspension from service? Because we have heard that the said engineer faced suspension from service but there is no official document confirming the same. Please enlighten me whether this can give rise to a fresh round of litigation (defamation) by the affected engineer if the information which I propose to depose against him before the civil court is found to be baseless and false later on.
KISHAN DUTT KALASKAR
(Expert) 19 November 2018
Dear Sir, Alternatively you can also file an application under the relevant provision of Civil Procedure Code summoning entire file pertaining to suspension of the said engineer and atleast extract of attendance register of the said office.
Guest
(Querist) 19 November 2018
Respected Kishan Dutt-ji:
Thank you for the response. Maybe you're referring to O.XIII R.11.
I like to point out that the said engineer isn't a party to the case but his name has cropped up consistently during the course of evidence of other witnesses so far... That was what necessitated us to file an RTI petition. Moreover, he is a person of enormous clout and influence and seeking information about him is going to be a difficult task.
Thank you, once again!
Dr J C Vashista
(Expert) 21 November 2018
Let your counsel may issue notice under Rule 6 of order XII CPC and summon records.
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