IMPORTANT POINT
Principle of not entertaining special leave petition against an order rejecting review petition when main judgment is not under challenge has become a precedential principle.

JUDGMENT

ASHOK BHUSHAN, J.

This special leave to appeal has been filed against the Division Bench judgment of the Kerala High Court dated 06.02.2020 rejecting the Review Petition No. 805 of 2018 filed by the petitioner in Writ Appeal No. 399 of 2014.

2. Brief facts necessary to consider this special leave petition need to be noted.

3. The petitioner was an employee of Kuruppampady Service Co-operative Bank. Petitioner was suspended and disciplinary inquiry was conducted by the Bank. The Bank vide order dated 20.03.2003 dismissed the petitioner consequent to domestic enquiry. There has been series of litigation between the petitioner and the Bank and thereafter Cooperative Arbitration Court by order dated 18.08.2010 gave award by which punishment of dismissal was modified as reduction to a lower rank. Against the order dated 18.08.2010 both the petitioner as well as the Bank filed Appeal No. 78 of 2010 and No. 81 of 2010 respectively. The Cooperative Tribunal vide its judgment dated 16.08.2011 disposed of both the appeals by which the punishment of compulsory retirement on 20.03.2003 was imposed with terminal benefits subject to liability, if any, duly assessed. Against the order of the Cooperative Tribunal a writ petition was filed by the petitioner before the learned Single Judge of the Kerala High Court, which writ petition was dismissed by judgment dated 31.07.2013 against which judgment Writ Appeal No. 1313 of 2013 was filed by petitioner before the Division Bench. The Division Bench of the High Court vide its judgment dated 11.03.2015 dismissed the writ appeal filed by the petitioner.

Aggrieved by the Division Bench judgment dated 11.03.2015, the petitioner filed a Special Leave Petition No. 24231 of 2015 before this Court, which was dismissed by order dated 21.08.2015, which is as follows:-

“Heard.

Delay condoned.

We do not see any merit in this special leave petition which is hereby dismissed.”

4. After dismissal of special leave petition, a Review Petition No. 1521 of 2016 was filed in this Court, which too was dismissed on 02.03.2016. The petitioner also filed a Curative Petition No. 245 of 2016, which also was dismissed on 12.05.2016. After the aforesaid proceedings in this Court, the petitioner filed a Review Petition, R.P. No. 805 of 2018 in Writ Appeal No.399 of 2014, which review petition has been dismissed by the High Court vide its judgment dated 06.02.2020. Aggrieved with the judgment dated 06.02.2020, this special leave petition has been filed.

5. Learned counsel for the petitioner challenging the order on the review submits that earlier dismissal of the special leave petition on 21.08.2015 shall not operate as res judicata. He further submits that the petitioner was dismissed on petty charges due to political vendetta. He further contends that Cooperative Arbitration Court, which has imposed punishment of reduction in rank was wrongly substituted by compulsory retirement by the Cooperative Tribunal. Learned counsel for the petitioner has also referred to judgment of this Court in Kunhayammed and Ors. Vs. State of Kerala and Anr., (2000) 6 SCC 359.

6. We have heard learned counsel for the petitioner and have perused the records.

7. The earlier Special Leave Petition (C) No. 24231 of 2015 was filed by the petitioner challenging the Division Bench judgment dated 11.03.2015 by which his Writ Appeal was dismissed. The Review Petition No. 805 of 2018 giving rise to this special leave petition has been filed to review the judgment dated 11.03.2015 of the Division Bench. A review petition as well as curative petition was filed by the petitioner after dismissal of his earlier special leave petition. The judgment of this Court in Kunhayammed and Ors. Vs. State of Kerala and Anr. (supra) laid down that where the special leave petition is dismissed there being no merger, the aggrieved party is not deprived of any statutory right of review, if it was available and he can pursue it. In paragraph 34, this Court made following observa