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2022 Supreme(Jhk) 806

SANJAY KUMAR DWIVEDI
Jagannath Prasad Sah – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Saurav Arun, Advocate
For the Opposite Party :Mr. Rishu Ranjan, Advocate

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The case involves a review petition filed by respondents in a previous writ petition, seeking to revisit an order issued in 2019 concerning entitlement to consequential benefits related to suspension and transfer orders (!) (!) .

  2. The respondents argued that the original order lacked an admission that the writ petitioner was waiting for posting in the headquarters, and they contended that the appellate order also did not record such an admission. They relied on legal principles regarding the grounds for review, specifically emphasizing that no apparent error was present on record (!) (!) .

  3. The petitioner’s counsel maintained that the original order was free of error and that the documents considered during the disposal of the writ petition were appropriately examined. They pointed out that the documents showed the petitioner was waiting for posting in the headquarters, which was considered in the original decision (!) .

  4. The court re-examined the suspension and transfer orders and found that there was an admission that the petitioner was waiting for posting at the headquarters. It also noted that the appellate authority had considered relevant transfer orders. The court emphasized that if an apparent error is on record, a review is justified (!) (!) .

  5. The legal framework for review was discussed, highlighting that review is a creation of statute and not an inherent power. It is intended to correct mistakes or prevent miscarriage of justice, not to serve as an appeal or to revisit decisions based solely on different legal interpretations (!) (!) .

  6. The court clarified that review is permissible when there is a mistake or error apparent on the record, especially if such an error could have led to a miscarriage of justice. It also explained that the power to review is conferred by constitutional provisions and rules, and it must be exercised within the scope defined by law (!) .

  7. The court concluded that there was no apparent error on record in the original order and, therefore, the review petition was not justified. Consequently, the review petition was dismissed (!) .

  8. Additionally, the court decided to detach the contempt case from the review proceedings and list it separately on the scheduled day (!) .

In summary, the court reaffirmed that review is a limited power, only to be exercised in cases of clear errors on record, and found that such errors were not present in this case.


JUDGMENT :

Civil Review No. 21 of 2021

1. Heard Mr. Rishu Ranjan, learned counsel for the petitioners and Mr. Saurav Arun, learned counsel for the opposite parties.

2. This review petition has been filed by the respondents in W.P.(S) No.4331 of 2009 for reviewing the order dated 30.07.2019 passed in W.P.(S) No. 4331 of 2009.

3. Mr. Rishu Ranjan, learned counsel for the respondents-petitioners submits that in order of suspension and in appellate order, there is no admission that writ petitioner was waiting for posting in the headquarter. By way of referring suspension order dated 10.02.1994 he submits that there is no admission of that fact. He further submits that in the appellate order there is no fact noted about his presence in the headquarter. On these grounds, he submits that order passed by this Court is required to be reviewed to the tune of the fact that the writ petitioner is not entitled for consequential benefit. He relied on judgment in the case of “Kamlesh Verma V. Mayawati & Others” reported in (2013) 8 SCC 320.

4. On the other hand, Mr. Saurav Arun, learned counsel for the writ petitioner-opposite party submits that there is no error on record in the order which has been

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