The Supreme Court observed that a special leave petition challenging the order of High Court rejecting the review petition cannot be entertained when the main judgment in the writ petition is not challenged.
By: Ayushi Sahu
The bench comprising Justices Ashok Bhushan, MR Shah, and R. Subhash Reddy observed that when the main judgment of the High Court cannot be affected in any manner, no relief can be granted by the Supreme Court in the special leave petition filed against an order rejecting review application to review the main judgment of the High Court.
In this case, the Cooperative Tribunal imposed punishment of compulsory retirement on an employee of Kuruppampady Service Co-operative Bank. Challenging this order, a writ petition was filed by the employee before the Kerala High Court. The single bench dismissed the writ petition. Later, the writ appeal was also dismissed.
The SLP filed against the High Court order was also dismissed by the Apex Court. It was thereafter, a review petition was filed before the High Court, which was also dismissed.
In the SLP filed challenging the order dismissing the review petition, the three-judge bench considered the issue whether the present special leave petition is maintainable when the Division Bench judgment has neither been challenged nor can be challenged in this special leave petition?
In this regard, the bench relied on two decisions Bussa Overseas and Properties Private Limited and Anr. Vs. Union of India and Anr., (2016) 4 SCC 696 & Municipal Corporation of Delhi Vs. Yashwant Singh Negi, (2013) 2 SCR 550, which supported that such SLP is not maintainable. While dismissing the SLP, the court observed:
“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. (supra) 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. We reiterate the above precedential principle in this case again.”