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TMI Blog2015 (2) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... in the said appeal. 3. The review applicant was the fourth respondent in W.P.(MD) No. 4636 of 2004 filed by the first respondent herein. The first respondent filed the said writ petition seeking a Writ of Mandamus to direct the respondents therein to forthwith disburse all retirement benefits that are due to him on the date of attaining his superannuation with interest @ 19% p.a. 4. The first respondent was working as a Secretary of the review applicant Society. He was allowed to retire on 31.10.2002 on his attaining the age of superannuation on 30.10.2002. While so, a charge memo was initiated against him on 21.11.2002 alleging misconduct in advancing a loan to a Doctor contrary to the Standing Instructions of the Society. According to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fits due to the first respondent within a period of four weeks from the date of receipt of a copy of that order. 6. Aggrieved over the same, the review applicant filed Review Application (MD)No.53 of 2007 to review the order dated 26.07.2007 passed by the learned Single Judge in W.P.(MD) No. 4636 of 2004. The said review application was dismissed on 12.12.2007, holding that the review application filed by changing the Advocate is clear abuse of process of Court. 7. Challenging the dismissal order dated 12.12.2007 passed in the above Review Application, the review applicant herein filed a Writ Appeal in W.A.(MD) No. 526 of 2008 and a Division Bench of this Court dismissed the said Writ Appeal on 26.08.2008, holding that the appeal is not m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eview was considered by the Hon'ble Apex Court in a judgment 2000 (6) SCC 224 [Lilli Thomas and Others Vs. Union of India and Others], wherein, in paragraph 52, it was held as under: "52. The dictionary meaning of the word "review" is "the act of looking, offer something again with a view to correction or improvement". It cannot be denied that the review is the creation of a statute. This Court in Patel Narshi Thakershi Vs. Pradyumansinghji Arjunsinghji [1971 (3) SCC 844 : AIR 1970 SC 1273] held that the power of review is not an inherent power. It must be conferred by law either specifically or by necessary implication. The review is also not an appeal in disguise. It cannot be denied that justice is a virtue which transcends all bar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Union of India [2000 (6) SCC 224]. Therefore, in the absence of any error apparent on the face of record, we are not inclined to interfere with the order in question, except to the extent of deleting of the portions in paragraphs 14 and 15 of the impugned order, with which the applicant is concerned as to having an impact on the proceedings pending before the tribunal, as stated in the foregoing paragraph." (emphasis supplied) 13. The above two decisions were also followed by us in Review Application (MD) No. 142 of 2014, dated 25.11.2014, wherein it has been held that a person in review is not entitled for re-hearing of the issue. 14. In the light of the dicta laid down by the Honourable Apex Court as well as by the Division Benches of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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