Madhya Pradesh High Court
Parimal Singh Prajapati vs The State Of Madhya Pradesh on 13 September, 2019
Author: Vishal Mishra
Bench: Vishal Mishra
1 RP-1228-2019
The High Court Of Madhya Pradesh
RP-1228-2019
(PARIMAL SINGH PRAJAPATI Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 13-09-2019
Shri Arun Katare, learned counsel for the petitioner.
Shri Anand Bhardwaj, G.A., for the respondents/State.
Present review petition has been filed assailing the order dated 10.7.2019 passed in W.P.No.5612 of 2016 whereby, the writ petition preferred by the petitioner was dismissed.
It is alleged by counsel for the petitioner that this court while considering the petition has taken into consideration all the arguments advanced on behalf of the petitioner alleging manipulation against respondent No.4 but has dismissed the writ petition. It is further submitted that there are documentary evidence against respondent No.4. He has filed certain documents in respect of the case to show that the order impugned passed by the authorities is based on malafide. He has prayed for review of the order and for rehearing of the writ petition.
Per contra, learned counsel for the respondents has submitted that the petition was only against show cause notice, therefore, this court has rightly considered the same and has rejected the petition. It is further submitted that the petitioner has not impleaded the person against whom he has alleged manipulation in the writ petition, therefore, no mandamus can be issued against respondent No.4 who had taken malafide action against the petitioner. Even otherwise, if the petitioner is not satisfied with the order passed in writ petition, he can file writ appeal. It is submitted that law is settled regarding review of an order and only glaring irregularity apparent on the face of record, can be dealt with while dealing with a review petition. Hence, he prayed for dismissal of this review petition.
From record, it is seen that in the writ petition, the petitioner has alleged malafides against respondent No.4 but has not impleaded him as party to the writ petition. Even otherwise, writ petition was filled against the show cause 2 RP-1228-2019 notice against which, the petitioner was having ample opportunity to file response and also having remedy of filing appeal against suspension order. The petitioner has also not impleaded respondent No.4 in his personal capacity against whom, he has alleged malafides. Even otherwise, the scope of review petition is very limited.
Considering the same, this court does not find any glaring irregularity in the order passed by this court dated 10.7.2019 in W.P.No.5612 of 2016 warranting interference.
Accordingly, this review petition having no substance, is hereby dismissed.
R. K. SHARMA (VISHAL MISHRA)
2019.09.17
10:11:29 +05'30' JUDGE
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