MOHIT KUMAR DONGR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.[2] THIS petition under Article 227 of the Constitution of India is directed against the order dated 5.8.2011 passed by the Central Administrative Tribunal, Jabalpur, in O.A.No. 388 of 2011; whereby the application filed by the petitioner was dismissed on the ground of delay and latches.

(2.) Instead, in the year 2010 invoking his right under Right to Information Act, 2005, petitioner sought some information on the basis where of the petitioner is attempting to rack up the issue of promotion settled at rest in the year 2006, i.e., after a period of almost five years.

(3.) A representation required to be filed under section 20 of the Act of 1985 has to be within reasonable time and a representation after five years of promotion cannot be said to be within a resonable time. Though a shelter of Para 208.3 of Indian Railway Establishment Manual Volume I is taken to justify a delayed representation. The said provision in our considered opinion is not applicable in case of the petitioner whose promotion is governed by section B of Chapter II of IREM-I i.e., Rules governing the Promotion of Group "C" Staff. Whereas para 208.3 falls under Chapter II section 'A', which are Rules governing Promotion of Group 'B' posts.