CAT - ['Delhi']

Review jurisdiction cannot be invoked to re-argue settled issues or challenge conclusions under the guise of an error apparent.

OMBIR SINGH vs COMM. OF POLICE

CAT - ['Delhi']JUDGMENT: May 06, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, a Constable in the Delhi Police, sought a review of the Tribunal's order dated 15.01.2026.

Source reference: no citation

The original dispute (OA No. 1669/2011) pertained to disciplinary proceedings where the applicant alleged that the testimony of a key witness (PW-1) was mistranslated from Hindi to English to falsely establish the witness's presence at the scene

Source reference: p. 2-3

The applicant contended that the Tribunal failed to adjudicate specific prayers regarding remedial action and ignored evidence showing the Inquiry Officer's omissions

Source reference: p. 3

The matter came before the Tribunal by way of a Review Application (RA) filed under the civil procedure framework.

Source reference: no citation
02

Issues

1. Whether the applicant established any error apparent on the face of the record or discovered new evidence to justify the exercise of review jurisdiction

Source reference: p. 3-4

2. Whether the re-assertion of previously rejected arguments regarding witness translation and procedural lapses constitutes a valid ground for review

Source reference: p. 4
03

Law Applied

The Tribunal applied the principles of review jurisdiction under Order XLVII Rule (1) of the Code of Civil Procedure, 1908, which limits review to the discovery of new evidence, errors of fact/law apparent on the face of the record, or other sufficient reasons

Source reference: p. 3-4

S. Nagaraj v. State of Karnataka (review is to remove error, not disturb finality)

Source reference: p. 4

Parsion Devi v. Sumitri Devi (errors requiring a process of reasoning are not "apparent")

Source reference: p. 5

Thungabhadra Industries Ltd. v. Govt. of A.P. (review is not an appeal in disguise)

Source reference: p. 5

Sow Chandra Kanta v. Sheikh Habib (repetition of overruled arguments is insufficient)

Source reference: p. 5

Meera Bhanja v. Nirmala Kumari Choudhuri (error must be self-evident without long-drawn reasoning)

Source reference: p. 6
04

Reasoning

The Tribunal found that the applicant’s grounds were essentially a repetition of arguments already considered and rejected in the original judgment dated 15.01.2026

Source reference: p. 4

Specifically, the applicant’s claims regarding the mistranslation of PW-1’s evidence and the failure of the Tribunal to record reasons for "Prayer B" were viewed not as patent errors, but as challenges to the Tribunal’s conclusions

Source reference: p. 4

The Bench noted that the applicant did not present any "new or important matter or evidence" that was previously unavailable

Source reference: p. 4

Applying the Thungabhadra Industries standard, the Tribunal reasoned that since the alleged errors were not "patent" or "self-evident"—but rather required re-adjudicating the merits of the disciplinary record—the application was an attempt to re-argue the case, which is prohibited under review jurisdiction

Source reference: p. 4, 6
05

Holding

The Tribunal held that the applicant failed to point out any error apparent on the face of the record and that the remedy for a perceived erroneous view lies in an appeal, not a review

The Tribunal concluded that the RA was devoid of merit as it sought to re-agitate settled issues under the guise of review; All prayers were rejected in circulation

Source reference: p. 3, 6
CAT - ['Delhi']

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OMBIR SINGHvsCOMM. OF POLICE

CAT - ['Delhi'] · May 06, 2026

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