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2016 DIGILAW 145 (UTT)

Mohan Singh Rawat v. State of Uttarakhand

2016-03-31

SUDHANSHU DHULIA

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JUDGMENT : Sudhanshu Dhulia, J. 1. Heard Mr. M.C. Pant, learned counsel for the petitioner, Mr. B.P.S. Mer, learned Brief Holder, for the respondents on the delay condonation application and perused the records. 2. The reasons assigned for delay in filing the review application appears to be bona fide. The delay in filing the review application is hereby condoned. 3. Accordingly, the delay condonation application is allowed. 4. Also heard learned counsel for the parties on the review application. 5. This writ petition was dismissed by this Court vide order dated 24.09.2015. The petitioner has now filed a review application. 6. Admittedly, the petitioner was working on contractual basis through a service provider agency known as “Uttrarakhand Purva Sainik Kalyan Nigam Limited” (from hereinafter referred to as ‘UPNAL’). This Court while dismissing the petition has observed that the future engagements of the petitioner shall depend upon the order of the authorities of UPNAL and not because there is an adverse remark passed by the Principal, Government Industrial Training Institute, Saldmahadev Garhwal, who had made a request of dispensing with the services of the petitioner. 7. The review petition has been filed stating that the order be recalled, as the order was stigmatic. 8. The learned counsel for the petitioner after making the above submissions later submitted that after recalling the above order the petition may be dismissed as withdrawn. 9. All submissions considered. 10. The order dated 24.09.2015 does not suffer from any apparent error on the face of record, not can it be a case of the petitioner/applicant that he has now discovered new and important evidence, which even with due diligence could not be placed earlier. In view of the limited scope of review and the principles under Order XLVII Rule 1 of C.P.C., an interference in a review petition cannot be made in the present case. 11. Accordingly, the review application/petition is dismissed.