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yogesh (will tell you later)     04 November 2012

Period of limitation-fraud

Kindly comment on the following grievances

I have filed the case in 2011 before the CAT against illegal appointment of one candidate who was given appointment by the authorities without conducting selection process in year 2006. I came to know about this only through reply affidavit filed by employer in one case in year 2009 against my employer where the CAT too has asked about his illegal appointment vide its order 2010.Though he was not the party of the case. Therafter after receiving information from RTI, I filed the fresh case against him in year 2011. During the course of hearing the CAT has issued many directions by asking them to furnished the records and has warned them that the reverse inferences will be recorded if the record would not furnish to them. Finally the authorities say that the record has been misplaced and therafter they raised the objections of Limitation, resjudicata and locus standi. The CAT has asked me to file the condonation of delay which I have already filed and since the matter has already been taken for more than 1.5 years before the CAT.

Whether its possible that CAT may dismiss the application on the basis of objections without going through the merits of case when it is already established that they have committed fraud?

Since the matter is pending what applications can be move for directions?

Please provide the citations that period of limitation shall not be operative due to fraud



Learning

 8 Replies

surjit singh (Assistant)     05 November 2012

The fraud came to light only through lthe matter pendng before the CAT before that it was not in your knowledge. You filed  RTI applicaton and you might have filed the case after getting the reply of lthe RTI applicaton in that case there is no deliberate delay in filing the case. Since you have filed the condonation petition before the CAT the court will either condoning the delay or might issued notice to the parties to repy on the condonation petiton. Your case comes under Section 14 of the Limitaton Act, 1963, and beyond that you a reasonable time of preparation of application by the advocate is always allowed by the court in general cases. You have a good case of condoning your delay.

In am pleased to share with you that the CAT GUWAHATI BENCH IN A JUDGEMNET PASSED IN A MATTER (D.DUTTA VS. CENTRAL ADMINISTRAIVE TRIBUNAL) IN WHICH THE PROMOTION OF AN EMPLOYEES OF THE CAT GUWAHATI BENCH WAS INVOLVED FOUND THAT SOME OTHER EMPLOYEES HAVE TAMPERED WITH THE OFFICIAL RECORDS AND HAVE OBTAINED PROMOTION BY FRAUD, IN WHICH THE CAT HAVE DIRECTED THE REGISTRAR TO INITIATE AN ENQUIRY BY APPROPRIATE AUTHORITY. Now I have come to know that the CBI Guwahati branch is investigating the matter of fraud. If you want the details of the case and the date of the judgemnet, please reply.

yogesh (will tell you later)     05 November 2012

Thanks for reply..

I will be garteful, if your provide me the lInk for this noble cause as its going to benefit for those who have been victimised or wrongle been misled by the authorities and officials who are misusing their official positions for money

If you have the citations of supreme court kindly mention it as it will be binding on CAT delhi

Once agin thanks for work done for generous cause

surjit singh (Assistant)     05 November 2012

The judgement is passed by the CAT Guwahati bench and the respondents ( i.e. the central administrative tribunal, principal bench) has not gone for appeal. They have implemented the judgement of the CAT, Guwahati Bench. I will give you the detail in a day time.

yogesh (will tell you later)     06 November 2012

Dear Sir,

I am waiting for your reply to proceed

Regards

surjit singh (Assistant)     08 November 2012

Sorry for the delay, by tomrrow you will get the details of the case.

surjit singh (Assistant)     08 November 2012

The details of the Case   is O.A. No. 210 of 2008, (PC Dutta Vs. Central Administrative Tribunal & ors)  the judgement is delivered on 26th of May, 2010 by the Guwahati Bench of the Central Administrative Tribunal and I am told the judgement have been reported in the CAT journal also. Kindly check out thejudgement.

yogesh (will tell you later)     08 November 2012

Thanks for posting the relevant information, I will check the same but it is not on internet

surjit singh (Assistant)     10 November 2012

The employees of the CAT must be kowing it, because it was a case of promotion of UDA to Assistant and from Assistant to Section Officer so this judgement must have effected all the employee of lthe CAT all over india.


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