SPA/457/2021
2022 Latest Caselaw 386 UK

       IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL

       THE ACTING CHIEF JUSTICE SHRI SANJAYA KUMAR MISHRA
                                 AND
                 JUSTICE SHRI NARAYAN SINGH DHANIK



              SPECIAL APPEAL NO. 457 OF 2021

                            23rd FEBRUARY, 2022

 Between:

        Pankaj Joshi, aged about 40 years, S/o Sri Beni
        Prasad Joshi, Presently posted as Head Constable,
        Civil Police, District Nainital, attached in the office of
        Inspector General of Police, Kumaon Range, Nainital.

                                                       ......      Appellant

 And


 1.     State of Uttarakhand through Secretary Home, Govt.
        of Uttarakhand, Secretariat, Dehradun, Uttarakhand.
 2.     Director General of Police, Govt. of Uttarakhand,
        Dehradun.
 3.     Inspector General of Police, Kumaon Region, Nainital.
 4.     Superintendent of Police, Pithoragarh, District
        Pithoragarh.
 5.     Mr. Vinod Kumar, Sub Inspector, Civil Police,
        Uttarakhand.

                                                       ......Respondents


Counsel for the appellant           :   Mr. Sanjay Bhatt, learned counsel


Counsel for the respondents         :   Mr. J.C. Pande, learned Standing
                                        Counsel for the State




 Upon hearing the learned Counsel, the Court made
 the following



 JUDGMENT:      (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)
                                 2




            Having heard Mr. Sanjay Bhatt, the learned

counsel for the appellant and Mr. J.C. Pande, learned

Standing Counsel for the State of Uttarakhand, this

Court is of the opinion that since the learned Single

Judge's judgment has been affirmed by the Division

Bench of this Court in Special Appeal No. 519 of 2014,

Pankaj     Joshi   Vs   State       of   Uttarakhand    &    others,

confirming the judgment of the learned Single Judge, a

review application before the learned Single Judge is not

maintainable as his order merged with the judgment of

the Division Bench.


2)          Our view find support from the reported case

of the Hon'ble Apex Court in Khoday Distilleries Limited

(now known as Khoday India Limited) and others Vs Sri

Mahadeshwara Sahakara Sakkare Karkhane Limited,

Kollegal    (under      Liquidation)      represented       by   the

Liquidator, (2019) 4 SCC 376.


3)          In that view of the matter, Mr. Sanjay Bhatt,

the learned counsel for the appellant prays that the

appellant may be allowed to withdraw the Appeal with a

liberty to file a review application in the Special Appeal

bearing No. 519 of 2014.            The learned counsel for the
                              3




appellant is requested to file a memo to that effect. If

any memo is filed, the same shall form part of the

record.


4)        The prayer of the learned counsel for the

appellant is allowed.


5)        The Special Appeal is, accordingly, allowed to

be withdrawn with a liberty to file an appropriate review

application before the Division Bench of this Court in the

aforesaid Special Appeal.



                        ____________________________
                        SANJAYA KUMAR MISHRA, A.C.J.


                             _____________________
                             NARAYAN SINGH DHANIK, J.

Dated: 23rd FEBRUARY, 2022 Negi