BRIJ RAJ SINGH
State of U. P. – Appellant
Versus
Om Prakash Chaudhary – Respondent
JUDGMENT
Brij Raj Singh, J.
This review application under Chapter IX Rule 14 of the Rules of the Court, 1952 has been filed by the State for review of the judgement and order dated 31.01.2023 passed by this Court in Writ-A No.26634 of 2018.
2. The factual matrix of the case is:-
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A party must disclose all prior related litigation; failure to do so constitutes fraud, rendering subsequent petitions on the same cause of action untenable.
A review application filed by a subsequent counsel who had not argued the original case is not maintainable.
Second writ petition against same order not maintainable when prior one dismissed for non-compliance with peremptory defect-removal orders; litigant's casual conduct constitutes misuse of process, pr....
The court reinforced that review petitions are not an opportunity to re-argue cases or appeal decisions already made unless clear, patent errors exist.
Innocent appointees of an erroneous evaluation should not be ousted from service, especially when there is no fraud or misrepresentation on their part.
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.
Review petitions must demonstrate an error apparent on the face of the record and cannot be used to reargue the case or substitute a new view.
The primary prayer in both recall applications was substantially the recall of the order dated December 6, 2018, and the Court rejected the second recall application on the ground of constructive res....
The termination of an employee must be based on valid grounds and must follow principles of natural justice, and lack of fraud, misrepresentation, or misconduct on the employee's part can render the ....
Disciplinary proceedings cannot stand if the charges are identical to those in a criminal case where the accused has been acquitted, emphasizing the need for full disclosure of material facts in judi....
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