SRI ABANI KANT RAY versus STATE OF ORISSA AND ORS.

SRI ABANI KANT RAY versus STATE OF ORISSA AND ORS.

All disparaging remarks in the impugned order against the appellant as Chairman of the Tribunal were unwarranted, based on a non-existing foundation, and without notice to the appellant; it is the duty of the Court to expunge these remarks as they were not justified by the record and inconsistent with judicial behaviour.

Parties
Appellant: Sri Abani Kant A Ray; Respondent: State of Orissa; Respondent: Dandanirodha Mishra
Jurisdiction
India
Judgment Date
13 October 1995
Procedural Posture
Civil Appeal / Appeal by Special Leave From Orissa Administrative Tribunal
Outcome
Appeal allowed
Legal Topics
Transfer Orders, Judicial Propriety, Expunging Remarks
Service Law Judicial Conduct Transfer Orders Judicial Propriety Expunging Remarks

Case Brief

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Parties

Sri Abani Kant A Ray

Appellant

State of Orissa

Respondent

Dandanirodha Mishra

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Orissa Administrative Tribunal

Legal Issues

  1. 1 Whether courts may interfere with transfer orders made in public interest
  2. 2 Propriety and legality of adverse remarks made against appellant in impugned order

Ratio Decidendi

All disparaging remarks in the impugned order against the appellant as Chairman of the Tribunal were unwarranted, based on a non-existing foundation, and without notice to the appellant; it is the duty of the Court to expunge these remarks as they were not justified by the record and inconsistent with judicial behaviour.

Court Disposition

Appeal allowed

Orders

  • All disparaging remarks against the appellant as Chairman of the Tribunal in the impugned order are expunged.