SUPREME COURT OF INDIA

Before:- M. Jagannadha Rao and M.B. Shah, JJ.

Review Petition (C) Nos. 673-74 of 2000 in SLP (C) Nos. 7852-7853 of 2000. D/d. 25.7.2000

M. Ismail Faruqui - Petitioner

Versus

Central Institute of English and Foreign Languages and others - Respondents

Constitution of India, Article 136 - Review - Resignation - Finding of fact arrived at by District Court that resignation was not accepted by the Registrar but by the Director, who was the competent authority - Cannot be interfered with in second appeal or under Article 136 of Constitution of India - Review petition dismissed.

[Paras 4 and 52]

ORDER

M. Jagannadha Rao, J. - The contention raised in the review petition that the petitioner has not been fully heard at the time of hearing of the special leave petition cannot be accepted.

2. The point raised, that there is a conflict between the pre-lunch part of the judgment and the post-lunch part of the judgment of the District Court, is not correct. Both pre-lunch and post-lunch parts have not admitted the fresh document sought to be filed by the Department. However, on the basis of Section 114 of the Evidence Act and the letter of the Registrar, dated 25.11.1997, it was held that the acceptance of the registration was not by the Registrar but by the Director, who was the competent authority.

3. There is also a delay of 3 years in the petitioner seeking to withdraw his resignation.

4. The finding of fact arrived at by the District Court, that the Director had accepted the resignation, cannot be interfered with in Second Appeal or under Article 136 of the Constitution of India.

5. The review petitions are dismissed.

Petitions dismissed.