Himachal Pradesh High Court Dismisses Review Petition for Failure to Raise Grievances Timely

07 May 2024 8:19 AM

By: Admin

In a recent judgment, the Himachal Pradesh High Court dismissed a review petition, citing the petitioners’ failure to raise their grievances at the appropriate stage of the litigation. The bench comprising of Justice Jyotsna Rewal Dua and Justice Satyen Vaidya delivered the ruling on 31^st May 2023.

The review petition challenged the validity of an office communication issued by the Principal Chief Conservator of Forests, H.P., which was earlier upheld by a learned Single Judge. The petitioners argued that the communication violated statutory Recruitment & Promotion Rules. However, the High Court observed that the review petitioners were not necessary parties before the writ court or the appellate court.

Justice Satyen Vaidya, in the judgment, stated, “In the peculiar facts and circumstances of the case, the review petition on behalf of the review petitioners is not maintainable and the same is accordingly dismissed.” The court further highlighted that the petitioners had been aware of the proceedings, including the pending appeals, but chose not to raise their grievances earlier, terming their conduct as lacking objectivity.

The Court emphasized the importance of fairness in the judicial process, stating, “Litigation should not be used as a game of hide and seek.” The bench further noted that the silence maintained by the review petitioners throughout the litigation process led to the dismissal of their petition.

This judgment reinforces the principle that parties in a legal dispute must actively participate and raise their concerns at the appropriate stages of the litigation. Failure to do so may result in the dismissal of subsequent review petitions.

Decided on : 31-05-2023

BANDANA KUMARI AND OTHERS vs STATE OF H.P. AND OTHERS