LAWS(DLH)-2017-12-116

SEEMA KATYAL Vs. UNION OF INDIA AND ANR

Decided On December 01, 2017
Seema Katyal Appellant
V/S
Union Of India And Anr Respondents

JUDGEMENT

(1.) Petitioner's appeal of 21st February, 2006 (Annexure P-11) is said to be pending before the Chairman of second respondent. It is petitioner's case that despite reminders (Annexures P-12 to P-14), the fate of petitioner's appeal is not known. It is pointed out that as per RTI information (Annexure P-16) received on 22nd December, 2010, no record/file of petitioner is available and petitioner had preferred an appeal under RTI Act on 30th October, 2013 which was responded to vide order of 9th December, 2013 (Annexure P-24) wherein it was disclosed that petitioner's appeal of 21st February, 2006 is not available in the Establishment Section of second respondent.

(2.) It is also the case of petitioner that he approached Central Information Commission (hereinafter referred to as 'CIC') on 21st August, 2014 through an application (Annexure P-33). Vide order of 27th November, 2015 under Right to Information Act, 2005, a direction was issued to Central Public Information Officer to recheck the records of second respondent and the office of the Chairman of second respondent and to file an affidavit regarding the outcome of such rechecking. The Central Public Information Officer had intimated CIC that on rechecking, no information is available about petitioner's appeal. Learned counsel for petitioner submits that vide application of 10th August, 2016 petitioner had sought personal hearing from Chairman of second respondent but to no avail and this led petitioner to file an Original Application before the Central Administrative Tribunal which as per order of 18th September, 2017 (Annexure P-40) has not been entertained by observing that the Tribunal has no jurisdiction to entertain petitioner's application.

(3.) Despite service of advance notice, none appears on behalf of second respondent.