Appellant wanted to know the action taken to expedite his writ petition of 1996 pending before Allahabad HC - he was suspended in 1986 and remained under suspension till retirement in 2011 - CIC: appellant can consult a legal expert for appropriate advice
Appellant wanted to know the action taken to expedite his writ petition of 1996 pending before the Allahabad HC - he had been suspended in 1986 and continued to remain under suspension till his retirement from service in 2011 - SC had very little to do in such a matter - earlier petition from the Appellant did not fulfil the eligibility conditions of a PIL – CIC: appellant can consult a legal expert for appropriate advice
1. Referring to his writ petition number 22557 of 1996 pending before the Allahabad High Court, the Appellant had wanted to know what action had been taken to expedite that case. The CPIO had informed him that his letter petition dated 1 October, 2012 had been received in the Supreme Court and was lodged/ filed by the order of the Registrar since it was not covered under the PIL guidelines. The Appellant had appealed against this decision of the CPIO. However, the Appellate Authority rejected his appeal and endorsed the stand taken by the CPIO.
2. During the hearing, the Appellant submitted that he had been placed under suspension way back in 1986 and continued to remain under suspension till his retirement from service in 2011. It is in this matter that he had filed the writ petition before the Allahabad High Court but that writ petition remained undecided till now. Out of desperation, he had sought to know from the Supreme Court of India about what action could be taken to expedite a decision on the writ petition. The respondent submitted that the Supreme Court had very little to do in such a matter. In any case, a petition received from the Appellant in this regard had already been considered in the Supreme Court and filed because it did not fulfil the eligibility conditions of a public interest litigation. Thus, the fact of the matter is that there is no information which the Supreme Court of India can give in this regard. The Appellant can consult his lawyer or any other legal expert for appropriate advice on his pending Writ Petition.
Chief Information Commissioner
Citation: Sh. Prem Kumar Upadhaya v. Supreme Court of India in File No.CIC/SM/A/2013/000393