CHAIN SINGH PENDRE Vs. STATE OF C.G

JUDGEMENT

(1.) THE Petitioner, by this petition, seeks the following reliefs:

(2.) THE brief facts, in nutshell, as projected by the Petitioner are that, the Petitioner was appointed on the post of District Organizer by order dated 5-9-1981 (Annexure P/1). THEreafter, the department prepared gradation list of District Organizer by order dated 20-12-1990 (Annexure P/2) in which the name of the Petitioner finds place at Srl.No. 27. By order dated 26-11-1991 (Annexure P/3) the Respondents promoted junior employees to the Petitioner on the post of Assistant Commissioner/Deputy Director, after constituting a departmental promotion committee. THE name of the Petitioner was not added in the said list. Against the said promotion order given to the junior employees, the Petitioner made several representations on 5-1-1991, 15-1-1992, 20-2-1992, 2-3-1993, 26-3-1993 and 15-3-1999 for promotion on the post of Assistant Commissioner. However, the Petitioner was promoted on the post of Assistant Commissioner in the year 1997. THE Petitioner had objected the same as he was entitled for the promotion on the said post since 1991. THEreafter, the Petitioner made an application on 27-6-2008 and 14.8.2008 under the provisions of Right to Information Act, 2005 before the Respondent- authorities for furnishing information regarding departmental promotion committee held in the year 1991. THE Respondent-authorities have given information to the Petitioner, stating that the Petitioner had not fulfilled the requisite criteria for promotion to the post of Assistant Commissioner. THE Respondent-authorities have communicated to the Petitioner regarding adverse remarks made in his confidential report, mentioned in the year 1988-1989.

(3.) A seven Judges of Hon'ble Supreme Court in S.S. Rathore v. State of Madhya Pradesh : (1989)4 SCC 582, while considering the limitation in filing an application before the Tribunal against the order of dismissal observed as under: 22. It is proper that the position in such cases should be uniform. Therefore, in every such case only when the appeal or representation provided by law is disposed of, cause of action shall first accrue and where such order is not made, on the expiry of six months from the date when the appeal was filed or representation was made, the right to sue shall first accrue. Submission of just a memorial or representation to the head of the establishment shall not be taken into consideration in the matter of fixing limitation.