DR. DILIP KUMAR DEKA AND ANR. versus STATE OF ASSAM AND ANR .

DR. DILIP KUMAR DEKA AND ANR. versus STATE OF ASSAM AND ANR .

Remarks affecting appellants’ character and reputation were made without giving them an opportunity to be heard, violating principles of natural justice and failing two applicable legal tests; hence such remarks must be quashed.

Parties
Appellant: Dr. Dilip Kumar Deka; Appellant: Dr. P.K. Baruah; Respondent: State of Assam; Respondent: Smt. Geeta Kalita
Jurisdiction
India
Judgment Date
10 September 1996
Procedural Posture
Criminal Appeal / Final Order on Appeal
Outcome
Appeal allowed
Legal Topics
Natural Justice, Judicial Strictures, Expunging Disparaging Remarks
Administrative Law Criminal Law Natural Justice Judicial Strictures Expunging Disparaging Remarks

Case Brief

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Parties

Dr. Dilip Kumar Deka

Appellant

Dr. P.K. Baruah

Appellant

State of Assam

Respondent

Smt. Geeta Kalita

Respondent

Procedural Posture

Criminal Appeal / Final Order on Appeal

Legal Issues

  1. 1 Whether disparaging remarks made by the High Court Judge against the doctors without giving them a hearing are justified and in conformity with principles of natural justice
  2. 2 Legal propriety of remarks affecting character and reputation of non-party officials

Ratio Decidendi

Remarks affecting appellants’ character and reputation were made without giving them an opportunity to be heard, violating principles of natural justice and failing two applicable legal tests; hence such remarks must be quashed.

Court Disposition

Appeal allowed

Orders

  • Disparaging remarks against the appellants are quashed.
  • No orders against the appellants; direction for inquiry remains only as regards Dr. AC. Bora and the Investigating Officer.