Provision Of Review Is Not To Scrutinize The Correctness Of Decision Rendered- Reiterates Supreme Court

The Supreme Court has reiterated that the provision of review is not to scrutinize the correctness of the decision rendered.

The Bench of Justice V. Ramasubhramanian and Justice Pankaj Mithal observed that “The provision of review is not to scrutinize the correctness of the decision rendered rather to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed.”

Advocate Parveen Chaturvedi appeared for the appellant and Senior Advocate V.K. Shukla appeared for the respondent.

In this case, an appeal was preferred assailing the order of the Division Bench of the High Court wherein the review petition was allowed.

The issue involved in the case, related to payment of salary to teachers of the institutions which were covered under the Grant-in-Aid list of the Uttar Pradesh Government. The State Government had sanctioned five posts for payment of salary from the State Exchequer which included one for the Headmaster and four for the Assistant Teachers.

The Apex Court found that the Division Bench in allowing the review petition had dealt with the matter as it was seized of the special appeal itself and had virtually reversed the decision by taking a completely new stand for the payment of salary to teachers’ subject-wise.

“It amounts to rehearing and rewriting the judgment in appeal without there being any error apparent on the face in the earlier order. The Division Bench thus clearly exceeded its review jurisdiction in passing the impugned order.” observed the Apex Court.

Therefore, the Apex Court held that the provision of the review was not to scrutinize the correctness of the decision rendered rather to correct the error, if any.

Accordingly, the appeal was allowed.

Cause Title- Pancham Pandey v. Neeraj Kumar Mishra

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