The Supreme Court has come down heavily on a litigant for attempting to re-agitate a settled issue and filing a writ petition after the dismissal of the review petition instead of a curative one with the claim that 'justice wasn't done'.
The Division-Bench of Justice SK Kaul and Justice Aravind Kumar called it complete wastage of judicial time and imposed a cost of ₹10,000/-.
Annoyed with the fact that the petitioner didn't file a curative petition after the review was dismissed but rather sought jurisdiction under Article 32 of the Constitution with an attempt to 're-open his case', the bench observed:
"No legal system can have a scenario where a person keeps on raising the issue again and again once it is resolved at the highest level.”
The Counsel for the petitioner has contended that grave injustice has been meted out to his client as his review petition was not heard in open court and was disposed of by circulation.
He further averred that Court failed to deliberate upon certain grounds of dismissal of his client from the post of a clerk at the State Bank of India.
When he apprised the bench that High Court has decided the case in their favour, Justice Kaul stated that the matter did reach the highest court, and once the appeal and review are dismissed, he cannot make secondhand attempts to re-open the case with writ-petition.
To this, the Counsel prayed that the writ petition be treated as curative only. Justice Kaul took exception and said that 'a curative is a curative' and insisted on following due process of law.
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(With input from news agency language)
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