Review jurisdiction is limited to errors apparent on the record and cannot be used to reargue previously decided issues.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer

1. The instant review petition is under Article 226 of the Constitution of India, seeking review of the order dated 25.04.2024 passed in W.P.(S) No.2265 of 2023.

2. It needs to refer herein that the judgment passed by this Court in W.P.(S) No.2265 of 2023 has been carried to the Hon’ble Apex Court by filing Special Leave to Appeal being S.L.P. (C) Diary No.42077 of 2024. The same, however, was permitted to be withdrawn with liberty to approach the High Court seeking review. Accordingly, the said Special Leave to Appeal was dismissed as withdrawn with liberty to file review, for ready reference, the order passed by the Hon’ble Apex Court needs to be referred, as under:-

“1) Learned senior counsel for the petitioner prays for withdrawal of this special leave petition with liberty to approach the High Court seeking review.

2) As prayed, the special leave petition is dismissed as withdrawn with the aforesaid liberty.”

3. The present review therefore has been filed in pursuant to the aforesaid liberty.

Facts

4. The brief facts of the case, as per the pleading made in the writ petition which also carried in the instant review petition, needs to be referred which reads as under:-

5. It is the case of the review petitioner/writ petition that the petitioner joined the Employees Provident Fund Organization (EPFO) on 24/02/1992 as stenographer and was promoted as Personal Assistant (PA) on 02/05/2008 retrospectively w.e.f. 14/07/1997. The review petitioner was disciplined and dedicated employee of the Organization, working with sincerity and devotion to duty. The petitioner, while in service, was never communicated about any adverse remarks recorded in the Annual Performance Assessment Report (APAR).

6. Thereafter, one Smt. Dashma Bobonga filed an FIR No.0073 on 23/06/2017 with Sadar Police Station, Chaibasa alleging false allegation that the petitioner, her sister’s son ’Sanjat Alda’ and one Ram Chandra Mukhi have fraudulently withdrawn Rs.1,91,000/- (Rupees One Lakh Ninety One Thousand Only) from her and her son and daughter’s savings bank account. In consonance to the aforesaid FIR, the petitioner was arrested on 23/06/2017 and Rs.22,000/- (Rupees Twenty Two Thousand Only) was seized from him. The petitioner was released on bail on 04/09/2017. The petitioner was placed under deemed suspension w.e.f. 23/06/2017 vide order no. JH/RO/JSR/Vig./M.A./2017/08 dated 27/06/2017.

7. The Head Quarter of the petitioner during suspension was changed to District Office, Giridih as per order no. 12 dated 08/08/2017. However, the suspension of the petitioner was revoked vide order no.JH/RO/JSR/Vig./M.A./2017/61 dated 29/11/2017.

8. The Ld. Magistrate West Singhbhum at Chaibasa acquitted the petitioner vide order dated 18.09.2017.

9. Upon acquittal by the Ld. Trial Court on 18/09/2017, the petitioner received the Charge Memorandum dated 20/12/2018 under Rule 10 of the EPF Staff (CC & A) Rules, 1971 for the same allegations of which the Judicial Magistrate acquitted the petitioner, issued by the Addl. Central Provident Fund Commissioner (ACC), Bihar and Jharkhand for which departmental proceeding against the petitioner is still continuing.

10. The review petitioner under the Conduct Rules applied for permission to purchase a flat in the name of his wife on 11/12/2018. The petitioner, while submitting the aforesaid request, submitted that he shall finance the consideration money from (i) Personal savings Rs. 10,00,000/- (Rupees Ten Lakhs (ii) Withdrawal); from SPF Rs. 25,00,000/- (Rupees Twenty Five Lakhs Only) and (iii) Personal loan Rs. 15,00,000/- (Rupees Fifteen Lakhs Only). Upon which, the Competent Authority granted permission vide letter no.JH/RO/RNCAdm-I/ immovable property/2018/9731 dated 01/01/2019. In consonance to aforesaid approval; the petitioner paid an amount of Rs. 27,00,000/- (Twenty Seven Lakhs Only) to the seller of the flat by withdrawing Rs.23,92,611/- (Rupees Twenty Three Lakhs Ninety Two Thousand Six H