Condonation of delay( section 5 or 17 of limitation act ?)
Raman
(Querist) 11 April 2012
This query is : Resolved
Sir,
I have challenged before CAT (In year 2011)an order of one employee appointment which was made in year 2006 without conducting selection process and without even advertisement of post.I filed the RTI Application in year 2007 in which I was wrongly informed about his status for palcing aginst Reserved categroy.In 2011, another RTI Application, the view was different in which I was informed that he was placed under Unreserved categort(UR).I filed the case in which 15 hearings were done and CAT persistently asked for records.In last hearing the counsel submitted that records has been misplaced.
Now on today, the CAT asked me about delay which I have sufficently explained but I was advised to file the Miscallenous Application for condonation of delay.Now my query is whether application to be made as per section 5 of Limitation Act or is hit by fraud under section 17 of Limitation Act?
Secondly, I want to Know even for so many hearings the employer has not furnished the records, whether I should file the separate Application for directions to furnish the records??
Raj Kumar Makkad
(Expert) 12 April 2012
So far application seeking condonation of delay is concerned, it should be filed under section 5 of Limitation Act.
You need not file separate application for summoning of record of the department but if you have copies of the concerned record to which you prefer to bring on file, may move application for secondary evidence which you may produce.
venkatesh Rao
(Expert) 13 April 2012
It is not mandatory to file an application to condone delay. If however, the CAT instructs, file it under Sec. 5 and put the things in the accompanying affidavit.
prabhakar singh
(Expert) 13 April 2012
Rightly advised .It is section 5 of limitation Act that applies for condonation of any delay unless the claim is barred otherwise.
