Delhi High Court
Sanjeev Kumar vs Union Of India And Ors on 8 August, 2023
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: August 8, 2023
+ W.P.(C) 2257/2023
SANJEEV KUMAR ..... Petitioner
Through: In person.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Kamal Kant Jha, Sr. Panel
Counsel, Govt. of India with
Mr. Rishesh Mani Tripathi and
Mr. Avinash Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
V. KAMESWAR RAO, J. (ORAL)
REVIEW PET. 210/2023
1. This review petition has been filed by the petitioner seeking
review of order dated March 7, 2023 passed by this Court in the above
writ petition. Vide the said order we have upheld the order passed by
the Tribunal wherein the Tribunal dismissed the Original Application,
('OA', for short) on the ground of limitation.
2. The review petition has been filed by giving reference to OA
2761/2009 filed by Manoj Kumar Baranwal and Ors., wherein the
petitioner was one of the applicants. The said OA was dismissed by
the Tribunal on July 4, 2011. The petitioner who appears in person
states that the said order passed by the Tribunal needs to be reviewed.
Signature Not Verified
W.P.(C) 2257/2023 Page 1
Digitally Signed By:ASHEESH
KUMAR YADAV
Signing Date:10.08.2023
19:43:00
3. On a specific query to the petitioner; whether any reference was
made to the earlier OA being O.A. No. 2761/2009, filed before the
Tribunal, he states that, he shall file the copy of that OA. On a further
query, whether any reference to the OA has been made in the writ
petition which was dismissed vide order dated March 7, 2023, he
states that, he has mentioned about the same in the present review
petition. According to him by oversight the reference could not be
made in the writ petition. It is clear that the petitioner has not made
any reference to the OA 2761/2009 or the order passed by the
Tribunal in the said OA, which was finally dismissed by the Tribunal
on July 4, 2011.
4. It is a material fact which has not been mentioned in the writ
petition. The subject matter of the challenge in OA 2761/2009 was
also with regard to Limited Competitive Departmental Examination -
2005 conducted by the UPSC. It is only in this review petition that a
reference has been made to the Original Application which was
dismissed on July 4, 2011 on the ground that the said judgment needs
to be reviewed. Surely, the same cannot be reviewed when no
reference was made in the petition, which has been filed against order
dated March 7, 2023 that too in a different OA being 64/2022.
5. The OA, wherein the impugned order is passed being OA
64/2022 was as such not maintainable, so also the writ petition
wherein the order of which review is being sought was passed. The
review petition is dismissed.
6. Since the petitioner appears in person, we refrain from
imposing any cost while dismissing the review petition.
Signature Not Verified
W.P.(C) 2257/2023 Page 2
Digitally Signed By:ASHEESH
KUMAR YADAV
Signing Date:10.08.2023
19:43:00
CM APPL. 40552/2023
Dismissed as infructuous.
V. KAMESWAR RAO, J
ANOOP KUMAR MENDIRATTA, J
AUGUST 8, 2023/jg
Signature Not Verified
W.P.(C) 2257/2023 Page 3
Digitally Signed By:ASHEESH
KUMAR YADAV
Signing Date:10.08.2023
19:43:00
