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| Application seeking review indirectly not permissible : SC | | |
New Delhi, Jan 21
The Supreme Court has stongly disapproved the increasing practice of seeking reviews of its orders under the pretext of applications seeking clarifications/modifications of its judgement.
Such applications seeking re-hearing and alteration of the judgement are clearly misconcieved an nothing but abuse of the process of the court, it said.
A Bench comprising Justices Arijit Pasayat and H K Sema made the observations while dismissing an application filed by Abdul Kareem, employee of Andhra Pardesh State Road Transport Corporation seeking clarification of the apex court order dated August 2, 2005 dismissing his appeal.
The appellant was directed to recover the amount paid to the applicant under the High Court judgement which was set aside by this court.
The High Court had directed the corporation to pay increments to the applicant during the period when he was out of service.
The court in its order said, ''The move itself is unjustified and could not be countenanced either by way of review or in the nature of relief sought and the reasons assigned are such that even under the pretext of filing a review such an exercise cannot be undertaken. Virtually for rehearing and alteration of the judgement because it is not to the liking of the party, when there is no apparent error on record whatsoever to call for even a review.'' ''The said move is clearly misconceived and nothing but sheer abuse of the process, which of late is found to be on an increase, more for selfish reasons than to further strengthen the cause of justice.” |
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