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2021 Supreme(MP) 218

PRAKASH SHRIVASTAVA, B.K.SHRIVASTAVA
Union of India – Appellant
Versus
Jitendra Mukhariya – Respondent


Advocates Appeared:
For the Appellant : N.S. Ruprah, Learned Counsel.
For the Respondents: Megh Nath Banerjee, Learned Counsel.

JUDGMENT :

1. By this petition, the petitioner is seeking review of the order dated 21.09.2020 whereby Misc. Petition No. 2222/2020 has been dismissed and order of the Central Administrative Tribunal, Jabalpur dated 10.01.2020 has been affirmed.

2. Learned counsel for the petitioners submits that this Court has committed an error in relying upon the judgment of the Supreme Court in the case of Dinesh Kumar Kashyap and others vs. South Eastern Central Railway and others in Civil Appeal No. 11360-11363 of 2018. He further submits that this Court has again committed an error in relying upon the circular dated 10.01.2014 and that the subsequent judgment of the Supreme Court in the matter of Shankarsan Dash vs. Union of India, 1991 (3) SCC 47 covers the point in the petitioner's favour.

3. Opposing the prayer, learned counsel for the respondents has submitted that there is no error apparent on the face of the record and the judgment in the case of Dinesh Kumar Kashyap (supra) has rightly been relied upon and the matter does not fall within the limited scope of review and in this regard he has relied upon the judgment in the matters of Kamlesh Verma vs. Mayawati and others, 2013 (8) SCC 320

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