Review Order on Judgement when action on Un-reviewed already taken
Querist :
Anonymous
(Querist) 24 April 2011
This query is : Resolved
Respected All Law Experts,
What should I do what can I do if the disciplinary action is taken against me primarily based on an observation of the Hon'ble High Court in the Judgement which had quashed the memo of charges and the suspension that lasted more than three years on the grounds of mala fides; which read:-
"Nonetheless, it cannot be overlooked that the petitioner did commit certain misconducts which could attract disciplinary action. It would not be proper to let the petitioner go scot free because the action taken has to be quashed for reasons of mala fides as detailed above..."
And due to disciplinary action against me emanated and influenced from this observation. I stand compulsorily retired as a major penalty on the basis of the judgement for which I had filed the Review application which was pending adjudication for its review / clarification.
The Judgement in Review Petition finally gives clarification, using inherent power of the Court to say that
"there are good reasons to exercise that inherent power in this Court by giving some clarification in respect of the judgment"
"that this Court never intended to give any final view"
"The observations made by the learned predecessor Judge ..., however, can be understood by anyone to be the final findings of the Court"
"I am therefore of the view that this is a case where this Court should use its inherent power to do justice between the parties by giving the aforesaid clarification now"
"that none of the observations made in the judgment dated 20th December, 2006 was a final expression of opinion of the Court on the merits of any of the allegations levelled against the writ petitioner in the charge-sheet given to him"
By the time this Judgement of clarification is delivered I am just one day short of my normal age of superannuation and am more than five months in to the Compulsory retirement and my Petition against the penalty Order of Compulsory retirement is still pending.
Any case Laws please?
Regards,
Anonymous
Querist :
Anonymous
(Querist) 07 May 2011
Dear Anonymous,
In the Review of the Judgement, it is well settled, the Court has the power to review or can use its "inherent power” to revise, correct, revoke, modify or vacate the judgment, even upon its own motion, for the purpose of promoting justice.
No authority could have treated the un reviewed Judgement as the final in the pendency of the Review.
The purpose of the inherent power of the Court is to clarify some unrecorded inadvertent omission or mistake in the judgment already rendered .
The nunc pro tunc in the reviewed Judgment is all that matters now , which will be effective as if from the original date of the un reviewed Judgement.
The disciplinary action, if any, would need to be quashed by the Court if you produce the Reviewed Judgment and the Court would go by the principle of nunc pro tunc.
Law is on your side.
Let other experts answer your query.
R.Ramachandran
(Expert) 07 May 2011
Dear Anonymous,
Now you have to concentrate only on the out come of the Petition against the Compulsory retirement Order, which you say is still pending.
