Facts
The applicant, a Constable in the Delhi Police, sought a review of the Tribunal's order dated 15.01.2026.
Source reference: no citationThe 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. 2-3The 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. 3The matter came before the Tribunal by way of a Review Application (RA) filed under the civil procedure framework.
Source reference: no citationIssues
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. 3-42. Whether the re-assertion of previously rejected arguments regarding witness translation and procedural lapses constitutes a valid ground for review
Source reference: p. 4Law 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. 3-4S. Nagaraj v. State of Karnataka (review is to remove error, not disturb finality)
Source reference: p. 4Parsion Devi v. Sumitri Devi (errors requiring a process of reasoning are not "apparent")
Source reference: p. 5Thungabhadra Industries Ltd. v. Govt. of A.P. (review is not an appeal in disguise)
Source reference: p. 5Sow Chandra Kanta v. Sheikh Habib (repetition of overruled arguments is insufficient)
Source reference: p. 5Meera Bhanja v. Nirmala Kumari Choudhuri (error must be self-evident without long-drawn reasoning)
Source reference: p. 6Reasoning
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. 4Specifically, 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. 4The Bench noted that the applicant did not present any "new or important matter or evidence" that was previously unavailable
Source reference: p. 4Applying 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, 6Holding
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, 6Original Court PDF
OMBIR SINGHvsCOMM. OF POLICE
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