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duration of a clarfication on a rule


mauryavip
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Dear Friends,

I have a query which I found very difficult to have a correct answer. I hope I'll get it at RTIindia

Many a times a rule/law/guideline is made by govt departments. Though it is hoped that it should be crystal clear but some questions arise on it later, if any ambiguity is found. And the department clarifies it. if another question arises, the department gives a clarification again. I wish to know if there is a law/ruling on time limit of clarification i.e. after how much time a clarification can not come?

"in my case i was benefitted by a departmental guideline which came into existence in Mar 06 but now a clarification has come and those benefits are being recovered now."

Plz help me getting the answer.

Thanx

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Though the issue raised by you does not fall under the Right to information, let me clarify it. I presume that you are referring to only 'CLARIFICATIONS' and not AMMENDMENTS. A mere clariication of an existing orders does not change the original effective validity. Clarification means some one had a doubt on interpretation of the original act/rule/order and the clarification clear the doubt. For example, I had now clarified the role of this forum. Does it make any diference to the original aim of this forum ? You can't claim that this should be effective from now only as it is clarified now.

 

In your case you can't say that you were benefited from the orders came into existance from March 06. You have interpretted the orders of March 06 to suit your requirement or in a way that bring benefits to you. Now someone has interpretted the orders as visualised by the issuing authority and clarified that your interpretation was wrong. Naturally the benefits you had derrived by misinterpretation has to be returned.

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