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DEBANGSU BASAK, MD. SHABBAR RASHIDI
State of West Bengal – Appellant
Versus
Goutam Bose – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Review is in respect of our order dated August 2, 2023 passed in WP.ST 211 of 2016.
2. Review is at the behest of the State.
3. Learned Additional Government Pleader appears for the review applicant and submits that, attention of the Court was not drawn to two essential documents relating to the entitlement of the writ petitioner in WP.ST 211 of 2016. He submits that, the writ petitioner herein participated in a selection process without obtaining requisite leave from his earlier employer to participate in the selection process. Apart from the writ petitioner, another person participated in the selection process but such person obtained prior leave of the employer to participate in such selection process. Attention of the Court to this basic distinction of entrance into the cadre of the present employment by the writ petitioner and the other person was not drawn at the time of disposal of WP.ST 211 of 2016. He submits that mistakes of an Advocate in failing to draw the attention of the Court to essential facts of a case, is an error which can be looked into and considered, in review. Consequently, he seeks that the review should be allowed.
4. Learned Ad
The Supreme Court's dismissal of a Special Leave Petition does not merge with the original order, and review jurisdiction is lost once an appeal is preferred.
Special Leave Petition – Only after issue of maintainability is decided upon, can Supreme Court enter into merits of case – No appeal by way of Special Leave Petition against order passed in review i....
A second special leave petition is not maintainable after the first is withdrawn without permission to re-approach the court.
A review petition cannot be used to reargue a case on merits and must point out an error apparent on the record; otherwise, it is not maintainable.
A party cannot re-litigate previously decided matters in a Special Leave Petition unless specific leave is granted, reinforcing the principle of finality in judicial decisions.
The court's decision emphasized the lack of merit in the substantive submissions and the absence of justification for interference in the review petition.
Review Petition – Jurisdiction of High Court while exercising review cannot be exercised as an inherit power nor as Appellate Court be exercised in guise of power of review – Power of review may be e....
A review application cannot be entertained after the dismissal of a Special Appeal without prior leave, reaffirming the doctrine of merger and judicial discipline.
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