Central Administrative Tribunal - Bangalore
Gurudas S Fayde vs Western Naval Command on 16 September, 2022
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OA.No.170/379/2022/CAT/Bangalore Bench
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00379/2022
DATED THIS THE 16TH DAY OF SEPTEMBER, 2022
CORAM:
HON'BLE MS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
Sri Gurudas S. Fayde
S/o Subraya Fayde,
Aged about 45 years,
Fireman,
Naval Base,
Seabird Project,
Karwar-581 308. ..Applicant.
(By Advocate Shri V.P. Kulkarni)
Vs.
1.Union of India,
Represented by its Secretary,
Department of Defence,
Raksha Bhavan,
New Delhi-110 001.
2.Flag Officer,
Commander-in-Chief
Headquarters CCPO,
Western Naval Command,
Mumbai-400 023.
3.Commander Sr. Staff Officer Civilian,
Headquarters, Karnataka Naval Area,
Naval Base, Karwar,
Uttara Kannada District-581 308. ....Respondents
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OA.No.170/379/2022/CAT/Bangalore Bench
O R D E R (ORAL)
PER: RAKESH KUMAR GUPTA, MEMBER (A)
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:
a) To quash the impugned letter dated 21.09.2021 and the annexed selection list issued by the officer of the 3rd respondents vide Annexure A-11 for the Fireman post, Seabird Project, Karwar and to direct to prepare the Seniority list as per the original selection list by the Selection Recruitment Board, Western Navel Command, Mumbai.
b) Direct the 2nd respondent herein to produce the original selection list prepared by the Recruitment Board HQS Western Navel Command, Mumbai as per the notification.
c) Pass such other order or orders which may be deemed fit and necessary in the facts and circumstances of the case.
2. The facts of the case as pleaded by the applicant in his pleadings, are as follows:
a) The applicant was appointed as Fireman in Karwar Naval Base, Karwar in the year 2015 as per the selection made by the Recruitment Board. The draft seniority list was published on 23.04.2021 and the name of the applicant has not been found in the draft seniority list. On enquiry, the applicant came to know that the draft seniority list has not been prepared in accordance with the selection list prepared by the Recruitment Board, Western Naval Command, Bombay. 3
OA.No.170/379/2022/CAT/Bangalore Bench
b) The applicant filed a representation to the public information officer under RTI to furnish the seniority list prepared by the Recruitment Board, Western Naval Command, Bombay. However, the respondents have not furnished the actual list, but a separate list prepared by the Headquarters Karnataka Naval Base, Karwar has been furnished to the applicant. The applicant submits that the list which has been sent to the applicant dated 12.07.2021 is not the actual list prepared by the Recruitment Board. The applicant had actually sought for the selection list prepared by the Recruitment Board. The information supplied by the 3rd respondent is incorrect and incomplete.
3. Heard learned counsel for the applicant.
4. In the present case, the applicant appears to be aggrieved with the information availed under RTI, vide letter dated 21.9.2021. However, in that letter itself, it is clearly stated that in case he is not satisfied with this response, he may file an Appeal with the First Appellate Authority, (the Flag Officer Commanding, Headquarters, Karnataka Naval Area, Naval Base, Karwar), within a period of 30 days of receipt of the letter.
5. The applicant has not yet availed of the remedy which is available to him under the RTI Act- 2005, before approaching this Tribunal.
6. Accordingly, the OA being premature, is disposed of at the application stage itself, with liberty to the applicant to file an appeal against the information dated 21.9.2021 issued under RTI Act- 2005 within 15 days 4 OA.No.170/379/2022/CAT/Bangalore Bench from today. The same shall be considered by the Appellate Authority on merits, without objecting to the period of limitation, specified in its letter dated 21.9.2021.
7. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
/vmr/