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RAJESH SHANKAR
State of Jharkhand – Appellant
Versus
Gajendra Prasad Himansu – Respondent
JUDGMENT :
The present review petition has been filed for reviewing the order/judgment dated 23.03.2021 passed by this Court in W.P.(C) No. 1634 of 2020, whereby the respondent authorities were directed to measure the additional work executed by the writ petitioner and to determine the amount to be paid to him for the said work with a further direction to complete all these exercise within a period of three months from the date of the said order.
2. Mr. Ashutosh Anand, learned AAG-III appearing on behalf of the review petitioners submits that since no administrative approval of the additional work said to have been executed by the writ petitioner was taken from the Secretary, Building Construction Department, Government of Jharkhand, no payment can be made to him for executing the same. It is also submitted that the work at the residence of the then Deputy Commissioner, Bokaro was done by the petitioner without awarding any contract in his favour and without following due procedure for the same as provided under Jharkhand Public Works Department Code. The execution of the said work by the petitioner (if at all) was in complete violation of Rule 158 of the Jharkhand Public Works Depar
A review petition cannot be an appeal in disguise and can only be entertained on specific grounds such as discovery of new evidence or an error apparent on the face of the record.
The main legal point established in the judgment is that the review process cannot be used to re-open settled issues or seek re-hearing of the original petition. It also emphasizes the limited scope ....
The legal review process is constrained to errors apparent on the record, and cannot be used to challenge substantive issues decided in an earlier ruling.
The power of review is limited to correcting apparent errors on the record and cannot be used to rehash arguments or findings that have been previously settled.
Review jurisdiction cannot be exercised to rehear a case or correct an erroneous decision without evidence of an error apparent on the face of the record.
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