LAWS(BOM)-2014-2-308

VIDYADHAR MANISHANKAR MHATRE Vs. UNION OF INDIA

Decided On February 13, 2014
Vidyadhar Manishankar Mhatre Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) WHAT is challenged in these petitions under Article 226 of the Constitution of India is the common order dated 25 September, 2013 of the Central Administrative Tribunal, Mumbai (Tribunal). By the impugned order dated 25 September, 2013 the Tribunal held that communication dated 13 February, 2013 received under the Right to Information Act, 2005 will not constitute a cause of action which could be challenged before the Tribunal. The communication in question reads as under:

(2.) IN support of the impugned order learned Counsel for the respondent relies upon the provisions of Section 23 of the Right to Information Act, 2005 which reads as under:

(3.) THE employees would therefore, be well within their right to challenge such decision which is received as information under Right to Information Act, 2005. We therefore, allow these petitions and direct the Central Administrative Tribunal to entertain the petitioners applications in so far as they seek to challenge the decision of the concerned employer as conveyed in a reply dated 25 September, 2013 under Right to Information Act, 2005.