SLP is not maintainable against an order rejecting the review petition when main judgment is not under challenge

The SC in T.K. David v. Kuruppampady Service Co-operative Bank Ltd. decided on 05.10.2020 has reiterated that when the main judgment of the High Court has not been challenged, no relief can be granted by this Court in the special leave petition. The case was relating to suspension of an employee of a cooperative bank wherein the Cooperative Tribunal imposed a punishment of compulsory retirement which was challenged before the High Court but the same was dismissed. SLP, in this regard was also dismissed as also a Review and Curative petition. Thereafter a review petition was again filed which was dismissed by the High Court vide its judgment dated 06.02.2020 which is the subject matter of challenge of this SLP.

The Court held that principle of not entertaining special leave petition against an order rejecting the review petition when main judgment is not under challenge has become a precedential principle (Bussa Overseas and Properties Private Limited v. Union of India, (2016) 4 SCC 696).