Judicial Service – Expunging of adverse findings/remarks – Appellant-Judicial Officer passed some strict orders against police officials – He pointed out flaws in the investigation and failure of the police officials – Writ petition – The High Court directed all the remarks made against the IO & SHO expunged and recorded findings/remarks against the appellant – Propriety:
Held: The High Court has jurisdiction u/Art. 227 of the Constitution of India and Section 482 of the CrPC to correct the errors committed by the courts which are judicially subordinate to it – The superior courts exercising such powers can set aside erroneous orders and expunge uncalled and unwarranted observations – While doing so, the superior courts can legitimately criticise the orders passed by the Trial Courts or the Appellate Courts by giving reasons – There can be criticism of the errors committed, in some cases, by using strong language – However, such observations must always be in the context of errors in the impugned orders – While doing so, the courts have to show restraint, and adverse comments on the personal conduct and calibre of the Judicial Officer should be avoided – There is a difference between criticising erroneous orders and criticising a Judicial Officer – The first part is permissible – The second category of criticism should best be avoided – It is settled that the High Court Judges, after noticing improper conduct on the part of the Judicial Officer, can always invite the attention of the Chief Justice on the administrative side to such conduct – Whenever action is proposed against a judicial officer on the administrative side, he gets the full opportunity to clarify and explain his position – But if such personal adverse observations are made in a judgment, the Judicial Officer’s career gets adversely affected – Thus, the High Court could not have used a judgment on the judicial side to advise individual Judicial Officer – Therefore, the prayer made by the appellant for expunging remarks will have to be acceded to. [Paras 15, 17]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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