Dharam Deo Narayan Singh v. The State Of Jharkhand & Another

Dharam Deo Narayan Singh v. The State Of Jharkhand & Another

(Supreme Court Of India)

Civil Appeal No. 2630 Of 2009 (Special Leave Petition (Civil) No. 21497 Of 2006) | 17-04-2009

1) Leave granted.

2) The appellant calls in question the correctness or otherwise of the judgment and order passed in L.P.A. No. 257 of 2003 dated 3/10.8.2004 and the order passed in Civil Review No. 100 of 2004 dated 4/6.12.2005.

3) The appellant aggrieved by the rejection of the claim by the learned Single Judge in counting the service rendered by him earlier in the co-operative institution, had filed Letter Patent Appeal before the High Court of Jharkhand at Ranchi in L.P.A. No. 257 of 2003. By the impugned order dated 3/10.8.2004, the court has rejected the appeal. After such rejection, the appellant had filed Review Petition No. 100 of 2004. Alongwith the Petition, the appellant had produced circular instruction issued by the Government of India, Ministry of Human Resources Development, Department of Education, New Delhi and other documents, which according to him, would support his claim made before the authorities and also before the court.

4) The Review Petition was rejected by the court on the ground that there was no error apparent on the face of the record and, therefore, review of the order passed in L.P.A. No. 257 of 2003 was not called for.

5) The grievance of the appellant and his counsel before us, is that; if the documents produced by the appellant had been considered by the court, it would have certainly helped the appellant to claim higher pensionary benefits.

6) The learned counsel for the respondents justifies the impugned order.

7) Having considered the rival claims of the parties, in our view, in order to do complete justice, we deem it proper to set aside the order passed by the High Court in Civil Review Petition without going into niceties of order 47 Rule 1 of Code of Civil Procedure.

8) Accordingly, we set aside the order passed by the High Court in Civil Review Petition No. 100 of 2004 dated 4/6.12.2005 and direct the High Court to reconsider the Review Petition filed by the appellant by taking on record the circulars and other documents filed along with the Review Petition as expeditiously as possible within an outer limit of six months. We hasten to add, we have not expressed anything on the merits of the claim of the appellant. The appeal is disposed of accordingly. No order as to costs.

Advocate List
Bench
  • HON'BLE MR. JUSTICE TARUN CHATTERJEE
  • HON'BLE MR. JUSTICE H.L. DATTU
Eq Citations
  • (2009) 12 SCC 398
  • 2009 (5) SLR 529 (SC)
  • AIR 2009 SCW 5571
  • 2010 (1) AJR 22
  • AIR 2009 SUPP SC 1784
  • 2009 (5) ALT 51
  • 2011 (7) RCR (CIVIL) 307
  • 2009 (6) SCALE 718
  • (2009) 4 SCC (CIVIL) 739
  • 2009 (7) SLR 529
  • LQ/SC/2009/905
Head Note

Constitution of India — Arts. 136 and 226 — Error apparent on face of record — Documents produced by appellant in review petition — High Court rejecting review petition on ground that there was no error apparent on face of record — Held, in order to do complete justice High Court's order set aside and High Court directed to reconsider review petition by taking on record circulars and other documents filed along with review petition as expeditiously as possible within outer limit of six months — Civil Procedure Code, 1908, Or. 47 R. 1