vidu (abc) 16 October 2009
In a civil Writ Petition under RTI Act , I had made a pUBLIC iNFORMATION oFFICER-cum-Manger party BY NAME because of his alleged malafide intent . But during service of notice he got transferred to other city . I still want to keep him as a party , but the record is with new Manager on original post and place . Kindly advise the course of action for me .
R.R. KRISHNAA (Legal Manager) 16 October 2009
In such case you can inform the court that the PIO had malafide intent and his appearance and contest in the matter is important. You can raise your objection that the new successor in office shall not appear and request the court to direct the PIO who did the mistake to appear and face the proceedings.
vidu (abc) 17 October 2009
thanks for the reply Sir .
Sir , my need is to have both the new and the old managers as defendants since production of record is also required . So should I file application under Order 1 rule 10 for joining the new manager also ?
R.R. KRISHNAA (Legal Manager) 17 October 2009
The custody of the records would always lie with the new manager. Hence the new manager has to compulsorily appear before the court. Hence you can orally represent the court that both the new and old managers are required to decide the dispute. The court will accept and pass orders. But if the court insists for a application to pass an order then you can file a application.
Adinath@Avinash Patil (advocate) 23 October 2009
YOU CAN FILE APPLICATION UNDER 1 RULE 10 FOR ADDING NEW MANAGER AS DEFENDANT.
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