Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judiciary |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Judiciary - Higher judiciary - Adverse remarks - Expunction of - Adverse remarks against judicial officer by High Court while remanding the case - Direction to place judgment in personal service record of judicial officer and also before Inspecting Judge for perusal - Subsequently, ACR of B+ downgraded to - Justification of - Held: Remarks and directions not justified - Judicial restraint and discipline arenecessary to the orderly administration of justice - There should be a quality of restraint, humility in decision making - Direction of High Court without giving opportunity to the Judicial Officer would affect his career - More so, Judicial officer's ACR from 2000 to 2006 was consistently graded as B+ He was promoted to super-time scale and recently made Designated Judge, NDPS - In the interest of justice and fairness, offending remarks against Judicial Officer are expunged - Service law - Judicial restraint - Judicial discipline.Judicial discipline - Adverse remarks against judicial officer- To be avoided particularly if officer has no occasion to put forth his reasonings - Harsh or disparaging remarks are not to be made against persons and authorities whose conduct comes into consideration before Courts of law unless it is really necessary for the decision of the case as an integral part thereof. Appellant-Judicial Officer dismissed the suit for recovery since the plaintiff failed to lead evidence despite sufficient opportunities given to him. In appeal, High Court while remanding the case to the trial court, passed adverse remarks against the appellant and issued directions for placing the said judgment in the personal/ service record of the appellant and also before the Inspecting Judge for its perusal. Thereafter, High Court disposed of the application for expunction of remarks stating that the remarks are corrective in nature and did not suggest any lack of integrity on part of the officer. Subsequently ACR of the appellant was downgraded from B+ (which was given to him for past seven years) c to B. The representation against the same was also rejected. Hence the present appeals. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2009 INSC 537 |
Petitioner | Prakash Singh Teji |
Respondent | Northern India Goods Transp. Co. Ltd. & Anr. |
SCR | [2009] 6 S.C.R. 278 |
Judgement Date | 2009-04-16 |
Case Number | 2586 |
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