Special Leave petition: Maintainability of – Petitioner filed writ petition before High Court challenging the order of compulsory retirement – Writ petition was dismissed, writ appeal there against was also dismissed and special leave petition was also dismissed by the Supreme Court – Thereafter, petitioner filed review petition before the High Court against the order passed in writ appeal which was also dismissed by impugned order – Maintainability of special leave petition against impugned order – Held: When the special leave petition challenging the earlier judgment was already dismissed, such dismissal became final between the parties – In this special leave petition, the petitioner could not challenge the earlier order against which he unsuccessfully earlier filed the special leave petition – When the main judgment of the High Court cannot be effected in any manner, no relief can be granted in the special leave petition filed against order rejecting review application to review the main judgment of the High Court.
Dismissing the Special Leave Petition, the Court HELD: The rationale for not entertaining a special leave petition challenging the order of High Court rejecting the review petition when main order in the writ petition is not challenged can be easily comprehended. Against the main judgment, the SLP having been dismissed earlier, the same having become final between the parties cannot be allowed to be affected at the instance of petitioner. When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed against order rejecting review application to review the main judgment of the High Court. This Court does not entertain a special leave petition in which no relief can be granted. [Para 15][671-E-G]
Municipal Corporation of Delhi v. Yashwant Singh Negi [2013] 2 SCR 550; Bussa Overseas and Properties Private Limited and Anr. v. Union of India and Anr., (2016) 4 SCC 696: [2016] 1 SCR 266 – relied on Kunhayammed and Ors. v. State of Kerala and Anr. (2000) 6 SCC 359: [2000] 1 Suppl. SCR 538 – referred to
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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