• High court passed erroneous judgement

Allahabad High Court Passed an erroneous judgement dated 06.07.2016 in W.P. C No. 43400/2002 (Ajay Prakash Dwivedi & Ors vs UOI & ors), in which I was Respondent No. 4. This Writ was filed on 04.10.2002 against Judgement dated 18.03.2002 of CAT Allahabad passed in O.A.No. 1081/1991 (Brijesh Sharma Vs UOI & Ors). In this erroneous judgement dt. 06.07.2016 of Allahabad High Court given her (Erroneous) findings:-
Para No.9 & 10:- Criteria for selection was written test 70 marks+Interview 30 marks=Total 100 marks. Secondly in para No. 19 Petitioner No. 2 (Dinesh Pandey) had scored 29.4 and 20.7 marks (Means 29.4+20.7= 50.1 marks) in written examination and vivo voce whereas respondent No. 4 (i.e. I Brijesh Sharma) had obtained only 27.8 and 18.8 marks (Means 27.8+18.8= 46.6 marks) in written examination and viva voce. In case marks of viva voce are ignored and written examination are taken then respondent-4 ( I, Brijesh Sharma) could nor have been selected inplace of petitioner-2 (Dinesh Pandey).High court passed judgement assuming written examination was 70 marks, BUT
 As per affidavit of department and selection records submitted by department selection criteria was Academic merit 30 marks+written examination 40 marks+ Viva voce 30 marks=100 marks. Petitioner No. 2 (Dinesh Pandey) had scored 19 marks in academic merit, 29.4 in written and 20.7 marks in viva voce (Means 19+29.4+20.7= Total 69.1 marks). Respondent No. 4 (i.e. I Brijesh Sharma) had obtained only 22 marks in academic merit, 27.8 and 18.8 marks (Means 22+27.8+18.8= Total 68.6 marks) if marks obtained in viva voce ignored Dinesh Pandey (69.1- 20.7=48.4 marks) Brijesh Sharam (68.6-18.8=49.8). Respondent no. 4 (i.e. I, Brijesh Sharam) having 1.4 marks higher from Shri Dinesh Pandey. But judgement is against me. Actually High Court passed judgement without considering affidavit and selection record. 
 Applicants of Writ $3400/2002 filed contempt and notice was issued and my 25 years service dispensed on 25.03.2017.
QUERY:- Against this erroneous judgement my SLP civil No. 34506/2016 dismissed limine without any speaking order on 02.12.2016, SLP civil CC No. 4489/2017 filed by department (ICAR vs Ajay ….) reverted on 10.04.2017 to High Court to file Review Petition, my Review Petition Civil No. 633/2017 dismissed next day on 11.04.2017. Department filed Review Petition in Allahabad in first week of May 2017. Please tell what options left me? Can I file writ against dismissal of my Review Petiion in Supreme court?
Asked 7 years ago in Civil Law

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5 Answers

Your chances of success are bleak

Your SLP has already been dismissed by SC

3) your review petition has been dismissed by HC m

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1. Once Review petition is dismissed by SC, you can file curative petition therein but the chance of success is nil.

2No writ petition can be filed agaisnt he dismisalof review petition.

3. Now all your legal recourses having been exhausted you have no other options left.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hello,

Yes you can file a SLP against the order through which your review petition has been dismissed. It seems that you have a good and strong case, the option of filing SLP is there with you.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

1. Since the SLP has been dismissed in limine there is no remedy now available to you. A curative petition as a last resort can be filed, but then it is also bound to fail.

2. Just accept the fate now.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order. It is also recommended that the petition should be circulated without oral arguments to the same bench of judges that delivered the judgement (or order) sought to be reviewed.

Furthermore, even after dismissal of a review petition, the SC may consider a curative petition in order to prevent abuse of its process and to cure gross miscarriage of justice.

While a civil review petition can be moved in accordance with Order XLVII, Rule 1(1) of the Code of Civil Procedure,1908 a criminal review petition can be moved only on the ground of an error apparent on the face of the record. (Source: CPC, 1908 and CRPC, 1973)

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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