IN THE MATTER OF; "RV", A JUDICIAL OFFICER versus

IN THE MATTER OF; "RV", A JUDICIAL OFFICER versus

Adverse observations and directions in a judicial order against a subordinate judicial officer, made without affording opportunity of hearing and in undue haste, are uncalled for and must be expunged; the proper course when conduct comes to notice during judicial proceedings is to avoid remarks in judgment and pursue any administrative action separately under Article 235 of the Constitution.

Parties
Appellant: RV; Respondent: Rajasthan High Court; Respondent: Arputham, Aruna & Co.
Jurisdiction
India
Judgment Date
06 October 2004
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Rajasthan High Court's Dismissal of Writ Petition Seeking Expunction of Adverse Remarks
Outcome
Appeal allowed
Legal Topics
Quashing of Criminal Proceedings, Judicial Comments/observations, Disciplinary Proceedings Against Judicial Officers, Judicial Notice, Article 235 Control Over Subordinate Judiciary
Criminal Law Judicial Administration Constitutional Law Quashing of Criminal Proceedings Judicial Comments/observations Disciplinary Proceedings Against Judicial Officers Judicial Notice Article 235 Control Over Subordinate Judiciary

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Parties

RV

Appellant

Rajasthan High Court

Respondent

Arputham, Aruna & Co.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Rajasthan High Court's Dismissal of Writ Petition Seeking Expunction of Adverse Remarks

Legal Issues

  1. 1 Whether adverse observations and directions against a judicial officer in a judicial order without affording an opportunity of hearing are proper
  2. 2 Whether such remarks should be expunged from the judicial record

Ratio Decidendi

Adverse observations and directions in a judicial order against a subordinate judicial officer, made without affording opportunity of hearing and in undue haste, are uncalled for and must be expunged; the proper course when conduct comes to notice during judicial proceedings is to avoid remarks in judgment and pursue any administrative action separately under Article 235 of the Constitution.

Court Disposition

Appeal allowed

Orders

  • Adverse observations and directions against appellant in High Court's order dated 27th April, 2001 stand expunged.
  • High Court may initiate proceedings under Article 235 independently of the expunged remarks and directions.