Manohar Singh Chana vs. Union Of India

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

REVIEW PETITION (C)NO. 1845/2012

IN

SPECIAL LEAVE PETITON (C) No. 12353/2012

MANOHAR SINGH CHANA Petitioner(s)

VERSUS

UNION OF INDIA AND ANR Respondent(s)

O R D E R

The petitioner herein contested a long drawn litigation claiming regular promotion in the Technical Wing of the Intelligence Bureau ('IB' for short). Thereafter, the petitioner although succeeded before the High Court at one stage when his L.P.A. No. 216 of 1980 was allowed directing the respondent-IB to consider the appellant petitioner for promotion to the technical wing with effect from 24.12.1974, the said order could not be made effective as he was subsequently directed by the High Court to approach the Tribunal. The petitioner acquiesced with this order and moved the Tribunal before which the petitioner could not succeed. Subsequently, he assailed the Tribunal's order before the High Court wherein vide order dated 17.03.2011 passed in C.M. No. 3709/2011, the High Court was pleased to dismiss the writ petition and upheld the order passed by the Tribunal. The High Court also took note of the fact that the petitioner had left the IB in 1982 and joined the NTPC and eventually got absorbed in the said organisation. Therefore, his plea to the effect that had he been considered for regular promotion with effect from 24.12.1974, he would have been considered for promotion to the next higher post in the year 1979 was not fit to be gone into.

The petitioner thereafter filed a review application before the High Court along with an application for condonation of delay of 112 days which was allowed but his review petition on merit was dismissed.

Thereafter the petitioner filed the special leave petition (civil) No. 12353 of 2012 which was dismissed by this Court on 02.07.2012 after hearing the petitioner-in-person.

The petitioner has now filed this review petition wherein he has merely reiterated the entire case history urging to review our earlier order of dismissal which cannot be allowed as the same does not lie within the ambit and scope of the review jurisdiction so as to consider his plea all over again. Hence, we reject this review petition.

..............................................J. GYAN SUDHA MISRA) ..............................................J. (J. CHELAMESWAR) New Delhi September 12, 2012 CHAMBER MATTER SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS REVIEW PETITION (C) NO(s). 1845 OF 2012 IN SLP(C) 12353/2012 MANOHAR SINGH CHANA Petitioner(s) VERSUS UNION OF INDIA AND ANR Respondent(s) Date: 12/09/2012 This Petition was circulated today. CORAM : HON'BLE MRS. JUSTICE GYAN SUDHA MISRA HON'BLE MR. JUSTICE J. CHELAMESWAR By Circulation

UPON perusing papers the Court made the following O R D E R

The Review Petition is rejected, in terms of the signed order.

(Signed order is placed on the file)