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T.K. David vs. Kuruppampady service co-operative bank ltd. & ors. - (Supreme Court) (05 Oct 2020)

A special leave petition challenging the order of High Court rejecting the review petition cannot be entertained, when main judgment in the writ Petition is not challenged

MANU/SC/0737/2020

Service

Present special leave to appeal has been filed against the Division Bench judgment of the Kerala High Court rejecting the Review Petition filed by the Petitioner in Writ Appeal. The Petitioner was an employee of Kuruppampady Service Co-operative Bank. Petitioner was suspended and disciplinary inquiry was conducted by the Bank. The Bank vide order dismissed the petitioner consequent to domestic enquiry. There has been series of litigation between the petitioner and the Bank.

Learned counsel for the Petitioner challenging the order on the review submits that earlier dismissal of the special leave petition on 21st August, 2015 shall not operate as res judicata. The question, which needs to be considered, is as to whether the present special leave petition challenging the above review order dated 6th February, 2020 is maintainable when the Division Bench judgment dated 11th March, 2015 has neither been challenged nor can be challenged in this special leave petition.

The consequence of the rejection of the review petition is that the High Court has refused to review the judgment of the Division Bench dated11th March, 2015 passed in Writ Appeal No. 399 of 2014. As noted above, the Division Bench judgement dated 11th March, 2015 was questioned by petitioner by special leave petition in this Court, which was dismissed on 21st August, 2015. When the Special Leave Petition challenging the earlier judgment has already been dismissed, such dismissal has become final between the parties. In this special leave petition, the petitioner cannot challenge the earlier order dated 11th March, 2015 against which he unsuccessfully has earlier filed the special leave petition. When the order dated 11th March, 2015 is unassailable by the petitioner in this special leave petition, no relief can be granted to petitioner, which may have effect in any manner diluting, modifying or reversing the earlier judgment dated 11th March, 2015.

The rationale for not entertaining a special leave petition challenging the order of High Court rejecting the review petition when main order in the writ petition is not challenged can be easily comprehended. Against the main judgment the SLP having been dismissed earlier the same having become final between the parties cannot be allowed to be affected at the instance of petitioner. When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed against order rejecting review application to review the main judgment of the High Court. This Court does not entertain a special leave petition in which no relief can be granted. It is due to this reason that this Court in Bussa Overseas and Properties Private Limited and Anr. has held that, principle of not entertaining special leave petition against an order rejecting the review petition when main judgment is not under challenge has become a precedential principle. Present Court reiterates the above precedential principle in instant case again.

The special leave petition against the Division Bench judgment dated 11th March, 2015 having been dismissed by this Court earlier on 21st August, 2015 and the review petition filed by the Petitioner to review the judgment having been dismissed by the impugned judgment, there is no reason to entertain present special leave petition. The special leave petition is accordingly dismissed.

Tags : DISMISSAL   SLP   MAINTAINABILITY  

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