Case Note & Summary
The Supreme Court dismissed a review petition filed by Jagpal Singh against the judgment in Civil Appeal No. 49 of 2021, which had allowed the appeal of the respondent, Chairman Administrative Committee U.P. Milk Union & Dairy Federation Centralized Services. The Court had earlier found that the punishment order passed by the Administrative Committee was based on a correct appreciation of facts and law, and the High Court's decision was incorrect. In the review petition, the petitioner sought to reopen the matter, but the Court found no error apparent on the record. The Court also rejected the petitioner's application under Section 340 of the Code of Criminal Procedure seeking action against the respondents, as it was devoid of merit. The delay of 62 days in filing the review petition was condoned, but the request for an open court hearing was rejected. The review petition was dismissed, and the application under Section 340 CrPC was also dismissed.
Headnote
A) Service Law - Review Petition - Error Apparent on Record - Review jurisdiction is limited to correcting errors apparent on the face of the record and cannot be used as an appeal - The petitioner failed to demonstrate any such error - Held that the grounds raised did not justify interference (Paras 1-2).
B) Criminal Procedure - Section 340 CrPC - Initiation of Proceedings for Perjury - Application under Section 340 CrPC requires a prima facie case that a false statement was made intentionally - The application was devoid of merit and dismissed (Para 2).
Issue of Consideration
Whether the review petition disclosed any error apparent on the record warranting interference in review jurisdiction
Final Decision
The Supreme Court dismissed the review petition and the application under Section 340 CrPC. Delay of 62 days was condoned, but the request for open court hearing was rejected.
Law Points
- Review jurisdiction limited to errors apparent on record
- Section 340 CrPC application requires prima facie case of perjury
Case Details
2021 LawText (SC) (12) 44
Review Petition (Civil) No. of 2021 (Arising out of Diary No.16468 of 2021) in Civil Appeal No. 49 of 2021
Uday Umesh Lalit, Hemant Gupta, S. Ravindra Bhat
Chairman Administrative Committee U.P. Milk Union & Dairy Federation Centralized Services
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Nature of Litigation
Review petition against a Supreme Court judgment in a civil appeal arising from a service dispute
Remedy Sought
Review of the judgment in Civil Appeal No. 49 of 2021 and initiation of action under Section 340 CrPC against the respondents
Filing Reason
Petitioner alleged errors in the judgment and sought review
Previous Decisions
Supreme Court allowed Civil Appeal No. 49 of 2021, setting aside the High Court's decision and upholding the punishment order passed by the Administrative Committee
Issues
Whether the review petition disclosed any error apparent on the record
Whether the application under Section 340 CrPC had merit
Submissions/Arguments
Petitioner argued that the judgment suffered from errors apparent on record
Petitioner sought initiation of proceedings against respondents under Section 340 CrPC
Ratio Decidendi
Review jurisdiction is confined to correcting errors apparent on the face of the record and cannot be used to re-agitate the merits of the case. An application under Section 340 CrPC requires a prima facie case of intentional false statement, which was absent here.
Judgment Excerpts
The grounds raised in the Review Petition do not make out any error apparent on record to justify interference in Review Jurisdiction.
The application is devoid of merit and is, therefore, dismissed.
Procedural History
The Supreme Court had earlier allowed Civil Appeal No. 49 of 2021, reversing the High Court's decision. The petitioner then filed a review petition with a delay of 62 days, which was condoned. The review petition and an application under Section 340 CrPC were dismissed.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 340
