JUDGEMENT
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(1.) The present review petition is filed by the petitioner feeling
aggrieved by the decision of this Court in W.P.(S) No. 2529 of 2006,
dated 20.03.2007. The present judgment against which the review has
been filed was also assailed in Special Leave Petition before the Hon'ble
Supreme Court. The Special Leave Petition filed by the petitioner has
been dismissed by the Hon'ble Supreme Court in following terms: -
"Upon hearing counsel the Court made the following
Order:-
The special leave petition is dismissed."
(2.) The counsel for the petitioner submits that notwithstanding
dismissal of his Special Leave Petition, he is entitled to file the review
petition because the order, aforesaid, as passed by the Hon'ble Supreme
Court is not a speaking order and thus, the present review is
maintainable. The present review petition is filed in relation to the
decision, which was rendered in writ petition in which the petitioner has
prayed, inter alia, the following: -
That the instant writ application is being filed for
issuance of a writ of or in the nature of certiorari,
quashing the notification dated 11.3.06 issued by
respondent N.1 by the orders of the Governor of
Jharkhand on the recommendation of respondent No.2,
so far as it relates to imputation of adverse remark
"Service found unsatisfactory", without affording any
opportunity of hearing as to the rason d' etre for coming
to such conclusion though the petitioner has rendered
more than four years of unblemished career for the
entire period of four years :
And
For payment of GPF, arrears of salary, leave salary dues
which has not yet been paid for the reasons best known
leading to financial crunch.
(3.) The prayer, aforesaid, clearly demonstrates that the petitioner has
simply asked for expunging of remarks "service found unsatisfactory"
and he has not asked for setting aside the order of his dispensation of
service. The other prayers, however, are of no greater importance as the
only emphasis of the petitioner, while arguing, was on expunging of
remarks from the order of dispensation of service in the following terms.;
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