HARENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined Aviation Research Centre on 03.10.1994 as AFO (PL). The petitioner belongs to Scheduled Caste. A draft seniority list was circulated by the respondents dated 14.09.1998. The petitioner filed his objection to the seniority list. The status of the petitioner's case remained the same as it was in the year 1998 except the fact that he invited wrath of the officials on top and he was reverted back to a post lower to his cadre, also in a different department (MV). Since no attention was paid to the petitioner's case, therefore, he lodged an application with the Commission for Scheduled Castes and Scheduled Tribes narrating therein the in-built injustice towards Scheduled Castes candidates prevailing in the respondent organization. The Commission took cognizance and issued notice to the respondent department. The respondent did not file any comprehensive reply and the petitioner had to seek indulgence of the Hon'ble Commission since 21.03.2005. The respondent did not appreciate petitioner's seeking redress of his grievances from a body like the NCSC. He was initially transferred from Photo Lab to Motor Vehicle department despite the fact that neither he has done any course on Motor Vehicle nor has an ability to prove his excellencies in the field. From FO, he was reverted to DFO. He was reverted with retrospective effect. The petitioner moved an application dated 06.03.2006 under the Right to Information Act thereby seeking the relevant applicable rules, regulations and notifications governing his service condition. The application remained unattended to. It is pointed out that the following points should be taken into consideration.

(2.) The present writ petition was filed with the following prayers:-

(3.) At the very outset, learned counsel for the respondent objected that since another efficacious remedy is available to the petitioner, therefore, the present writ petition is not maintainable. Arguments were heard on this point.