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2015 (2) TMI 414 - BOMBAY HIGH COURTJurisdiction of Tribunal - Question raised before Tribunal based on information sought under RTI Act - Held that:- It needs to be noted that Section 23 of the Right to Information Act, 2005 only bars the jurisdiction of Courts other than Administrative Tribunal in the matters which could be the subject matter of challenge in issuing the information under the Right to Information Act, 2005. It does not bar a challenge to the contents of a communication obtained under the Right to Information Act, 2005. The jurisdiction under Section 19 of the Central Administrative Act is no to be confined only to a challenge to a formal order in service matters. In fact the definition of service matters under Section 3(q) of the Central Administrative Act, 1985 is very wide and is not dependent upon formal orders. To illustrate, when a person is superseded by his juniors, the person concerned can challenge his supersession even in the absence of a formal order. Hence, there would not be any specific order of the employer for a Senior Employee to challenge his supersession at the time of the promotion of a Junior employee. The information supplied to the petitioners under Right to Information Act, 2005 explains why the applicants request for deemed date of promotion as Jr. Engineer Grade II with effect from 2003 has not been accepted. Therefore, it can be a subject matter of challenge before the Tribunal. The employees would therefore, be well within their right to challenge such decision which is received as information under Right to Information Act, 2005. We therefore, allow these petitions and direct the Central Administrative Tribunal to entertain the petitioners applications in so far as they seek to challenge the decision of the concerned employer as conveyed in a reply dated 25 September, 2013 under Right to Information Act, 2005. - Decided in favour of appellant.
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