SUPREME COURT OF INDIA

Someshwar Ganapathi Bhakta

Vs.

Government of Maharashtra

S.L.P.(C) No.10664 of 2003

(Mrs.Ruma Pal and Arun Kumar JJ.)

09.07.2004

ORDER

1. The petitioner had challenged the order of termination of his services by way of a writ petition (W.P. No. 3492/1985) which was partly allowed on 7.3.1990 by substituting a lesser punishment. The special leave petition preferred from the High Court's order dated 7.3.1990 was granted and the appeal was allowed by order dated 8.1.1997. In the meanwhile, the petitioner had made an application for review of the High Court's order dated 7.3.1990. The High Court dismissed the review petition on the ground that no case had been made out for review. It was not drawn to the attention of the High Court that the order dated 7.3.1990 was not subsisting. Nevertheless, we are of the view that the conclusion of the High Court in dismissing the review petition will have to be upheld for the reason that the order dated 7.3.1990 had already been reversed by this Court on 8.1.1997. The special leave petition is accordingly rejected.