Summary dismissal of review petition

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 3 months ago.

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  • #4179

    In a writ petition the whole petition was dismissed without addressing ,the second prayer,while passing order on 1st prayer. The second prayer was to declar the promotion void ab initio, effected by the public authority in violation of law.The violation of law is also criminal in nature,and a separate criminal revision is pending before high court against the official of the public authority. On filing a review petition for consideration and passing orders on second prayer, the petition was dismissed stating that the petitioner has not made all the people (amounting to about 60 persons and details of whose is not known to the petitioner) without going into the merits of the case.The question is ,what is the law on the subject? and what is the option before the petitioner? Further what is the effect on the promotion effected by the public authority,if the prosecution results in the conviction of the officials of the public authority.

  • #4184

    Usually, a review petition is entertained on very limited grounds, such as error on the face of the records. Usually, review petition would not be entertained or heard on merits. However, you can challenge the decision in the higher court (in this case, in the Supreme Court).

    When you challenge the promotion granted to someone else (by getting it declared as void), usually it is expected that you would make him a party. Such other party has an equal right to be heard when an adverse action (such as, of declaring his promotion as void) is to be taken against him. Therefore, it is generally expected that you would make such other person a party in the petition filed by you.

    If the review petition was rejected by the high court, you have the option of challenging it in Supreme Court.

    It is not possible to reply to the last part of your question in the absence of knowledge of detailed facts of your case, which in any case is beyond the scope of this public forum (please see our forum guidelines).

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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