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2014 (11) TMI 998 - HC - Indian LawsReview petition - writ petition preferred by the petitioner seeking quashing of the order whereby the petitioner has been ordered to be removed from service has been dismissed - Held that:- The disciplinary authority in the instant case has only accepted the report of the inquiring authority and its findings on the findings thus accepted and recorded, which had already been communicated to the petitioner while supplying the inquiry report, the action has been taken. Thus, there is consideration, there is recording of the finding and communication thereof. The reasons leading to the findings are already there in the inquiry report. Nothing in the report has been added, varied, implied or reversed by the disciplinary authority.” The petitioner has failed to point out as to how there is an error apparent in the aforesaid findings. Under the guise of review the petitioner is seeking re-hearing of the issues, which is impermissible in law. The petitioner under the guise of review is not seeking correction of any mistake but is seeking substitution of a view. Review of judgment is not maintainable if the only ground for review is that point is not dealt in correct perspective so long the point has been dealt with and answered. A review of a judgment is a serious step and reluctant resort to it is proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility. A mere repetition of old and overruled arguments cannot create a ground for review. The judgment sought to be reviewed has to be read as a whole and the petitioner cannot be permitted to pick up or single out a paragraph and juxtapose the same with another paragraph to contend that there is an error apparent on the face of record. In view of aforesaid discussion, the petitioner has failed to make out a case calling for interference under Section 114 read with Order 47 of the Code of Civil Procedure.
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