1. Heard Mr. Saiyed, learned Advocate for petitioner.
2. The petitioner has taken out present petition seeking below mentioned relief and directions:
"7(A) Your Lordship be pleased to issue an appropriate writ, order or direction directing the respondents herein to give detail reply to the representation of the petitioner dated 17.08.2011 as directed by this Hon'ble Court by the order dated 18.07.2011 in the interest of justice;"
3. It appears from the submissions made by learned counsel and from the record of the present petition that earlier present petitioner had filed a writ petition being Special Civil Application No.7273 of 2011. The said petition was disposed of vide order dated 18th July 2011. The Court, in the said order directed, inter alia, that:
"3. In respect to grievance voiced in present petition by petitioner, let petitioner may make detailed representation to respondents giving details of feeling injustice to petitioner from respondents within a period of one month from date of receiving copy of present order. As and when respondents receives such representation from petitioner, it is directed to respondents to examine such representation and thereafter pass appropriate reasoned order after considering records in respect to grievance of petitioner within a period of three months from date of receipt of such representation and communicate such decision immediately to petitioner.
In view of above direction, present petition is disposed of by this Court without expressing any opinion on merits. Direct service is permitted."
4. It appears that after the said order dated 18th July 2011 the petitioner herein made detailed representation dated 17th August 2011. The petitioner expected proper reply from the competent authority of the respondent which would address the anomalies highlighted by him in his representation. However, the petitioner has received reply dated 1st October 2011 which, according to the petitioner, does not address any of the issues and anomalies mentioned by him in his written representation. Therefore, the petitioner is aggrieved by the action and response of the respondent authority.
5. Mr.
Saiyed, learned counsel for the petitioner has submitted that in the representation the petitioner had mentioned several factual aspects which were supported by the details received by the petitioner in response to the application made under Right to Information Act. Mr. Saiyed, learned counsel also submitted that in one of the references cited by the petitioner in his representation it was brought to the notice of the competent authority that the concerned person was granted 57 marks out of 50 marks. In one case while the information supplied under R.T.I. Act declared that the person had received 143 marks, the reply forwarded by the competent authority mentioned that the concerned person had received more marks i.e. 174 marks. He submitted that though the aforesaid and such other anomalies were pointed out by the petitioner, the reply forwarded by the competent authority does not deal with the same despite the fact that the Court, in the order dated 18.07.2011 had directed the competent authority to pass reasoned order after considering all facts and circumstances.
6. In background of such facts and circumstances petitioner has preferred present petition seeking the above mentioned relief and directions.
7. Since the petitioner has only prayed for direction to the respondent to give detail reply to his representation present petition can be disposed of with below mentioned direction.
8. The competent authority of the respondent i.e. the authority who is competent to consider and decide the representation is directed to take up the representation dated 17.08.2011 submitted by the petitioner for appropriate fresh order. The competent authority shall properly consider all details, facts and other aspects mentioned by the petitioner in his representation and pass appropriate fresh order dealing with the details mentioned by the petitioner in the representation. Such order on petitioner's representation shall be passed within 10 weeks from service of certified copy of present order. The order which may be passed shall be forwarded to the petitioner.
9. With the aforesaid clarification and observations, the petition stands disposed of. Direct service is permitted.
(K.M.THAKER, J.) jani Top