• How long a petition with a diary number can be under scrutiny

Service matter
I have been fighting with my Management which is also a government body and the state Govt . for more than two decades for my promotion which is actually a simple application of GOs. The post continue to be vacant all these years .
The SLP filed by state government against a high court bench ruling was dismissed by supreme court on 7/10/2016
The Government again filed a review petion on .16/12.2016 for which a diary number has been given. 
The status remains "under scrutiny". How long can be a petition under scrutiny with a diary number?
and how to know the defects in the filing by the opponents? it is not displayed.
Asked 7 years ago in Constitutional Law

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4 Answers

1) petition has not been numbered

2) after rmeoval of objections petition filed by state govt would be numbered

3) if state govt fails to remove the objections petition would be dismissed

4) in review petition as it is chances of success are bleak

5) your lawyer in SC would be able to know the objections taken by registry on perusal of the court records

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Hi

Generally when the review petition is filed in the supreme court and is under scrutiny, one copy of the Petition and Court Fee Stamp tendered shall be retained and the defects shall be communicated to the petitioner.

If the defects are not removed within 90 days from the date of communication of the defects. the matter shall be listed with Office Report on default before the Judge in Chambers for appropriate orders.

Generally a defect can be of any kind and the same is notified to party in person or advocate on record.

You can check the link ( http://www.sci.nic.in/IBAOR/notified_aor_list.html) to know

1) the section under which the defects have been notified

2) date of filing of petition,

3) Defects notification date and

4) Delay in rectification of defects

Also in almost 99.5% of cases a review petition in supreme court will always fail .

Also since yours is a service matter, you can be rest assured that the government will be definitely penalised for unnecessarily prolonging the issue by filing frivolous review petition

Hence no worries.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

The review petition will remain under scrutiny as long as defects are not cleared. You have to visit the registry of the apex court to find out the defects.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You may not find the details in the ecourt web site since it would not have been updated. However, if you have the details of the review petition, you may engage the services of an advocate on records of supreme court and gather the information including the current status and likelihood date of the case being listed.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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