Review Provision Is Not To Scrutinize The Correctness Of Decision : Supreme Court
The Supreme court reiterated that the provision of review is not to scrutinize the correctness of the decision.It is to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed, the bench of Justices V Ramasubramanian and Pankaj Mithal observed.The court observed...
The Supreme court reiterated that the provision of review is not to scrutinize the correctness of the decision.
It is to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed, the bench of Justices V Ramasubramanian and Pankaj Mithal observed.
The court observed thus while setting aside a High Court order that allowed a review petition (The writ petition concerned an issue relating to the payment of salary to teachers). The bench found that the High Court dealt with the matter as it is seized of the special appeal itself and has virtually reversed the decision by taking a completely new stand.
"It amounts to rehearing and rewriting the judgment in appeal without there being any error apparent on the face in the earlier order. The Division Bench thus clearly exceeded its review jurisdiction in passing the impugned order.", the court said.
While allowing the appeal, the court noted the scope of review power:
"The provision of review is not to scrutinize the correctness of the decision rendered rather to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed."
Case details
Pancham Lal Pandey vs Neeraj Kumar Mishra | 2023 LiveLaw (SC) 111 | SLP(C) 3329 OF 2021 | 15 Feb 2023 | Justices V Ramasubramanian and Pankaj Mithal
For Appellant(s) Mr. Shashindra Tripathi, Adv. Mr. Praveen Chaturvedi, AOR
For Respondent(s) Mr. Vk Shukla, Sr. Adv. Ms. Parul Shukla, AOR Ms. Shreya Bhojnagarwala, Adv. Ms. Srishti Singh, AOR
Headnotes
Review - The provision of review is not to scrutinize the correctness of the decision rendered rather to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed. (Para 15)