Calcutta High Court (Appellete Side)
(Sursh Chandra Majumder vs Union Of India & Ors.) on 16 June, 2011
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
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16.6.2011
Sl. no.20 WPCT 62 of 2009
(Sursh Chandra Majumder-vs- Union of India & Ors.)
Mr. Arun Kumar Maity
Mrs. Kaberi Sengupta (Maity)...for the petitioner
Ms. Shyamali Banerjee...for the respondents
The petitioner was Survey Assistant under the Survey General of India. He was working as Division- II staff. He prayed for re-designation of his post, as according to him, since he undertook training of three years and seven months, he should be given higher scale of pay attached to Division-I staff. The respondents rejected his prayer on the ground that he undertook training of six months only whereas Division-I staff were required to undergo rigorous training of two years. The respondents also contended that in the past, he was given promotion several times, which he refused. He was asked to go for advance training, so that he could be upgraded. He also refused. Ultimately, he retired from service with effect from January 31, 2008. He filed several applications before the Tribunal, inter alia, claiming for different relief.
The subject matter of the present controversy is with regard to denial of information required by him under the Right to Information Act. He prayed for 2 copies of service rules and certain information, which the Officer designated under the said Act declined. He went to the appellate authority unsuccessfully. Hence, he approached the Tribunal. The Tribunal observed that his petition was meritless and as such, liable to be dismissed. The Tribunal dismissed the application.
We have heard Mr. Maity, learned Counsel appearing for the petitioner and Ms. Banerjee, learned Counsel appearing for the respondents.
We are of the view that when the petitioner was unsuccessful before the authority under the Right to information Act, he should ventilate his grievance in an appropriate proceeding. The Tribunal was not the appropriate forum for him in this regard.
With these observations the Tribunal application is disposed of without however, any order as to costs.
Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Ashim Kumar Banerjee,J.) (Prabhat Kumar Dey,J.) 3