[2009] 6 S.C.R. 278

' ..._ A

PRAKASH SINGH TEJI

NORTHERN INDIA GOODS TRANSP. CO. LTD. & ANR.

(Civil Appeal No. 2586-2587 of 2009)

APRIL 16, 2009

[K.G. BALAKRISHNAN, CJI. AND P. SATHASIVAM, JJ.]

Judiciary - Higher judiciary - Adverse remarks - Expunction of - Adverse remarks against judicial officer by c High Court while remanding the case - Direction to place judgment in personal1service record of judicial officer and also before Inspecting Judge for perusal - Subsequently, ACR of B+ downgraded to B - Justification of - Held: Remarks and directions not justified - Judicial restraint and discipline are D necessary 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 E 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. ...

F 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 G 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 H 278

PRAKASH SINGH TEJI v. NORTHERN INDIA GOODS 279

TRANSP. CO. LTD. & ANR. \ sufficient opportunities given to him. In appeal, High A 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 B 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.

Allowing the appeals, the Court

Held:1.1. As per the appellant, by making the remarks D behind his back, the High Court failed to appreciate certain relevant facts. The suit which was decided by the appellant on 19.12.2005 was filed in the year 1984 and the plaintiff was g.iven sufficient opportunities to lead evidence. The evidence which the plaintiff had already E lead when the suit was pending in the Delhi High Court was in fact tagged with the order sheet and the documents on which the plaintiff was relying were not even exhibited. In view of this the mistake occurred was ...

neither deliberate nor intentional. It was also highlighted F that the deposition of witnesses P.W. 1 to P.W. 3 was not arranged properly in the file and the same were not . traceable. Insofar as evidence of P.W.3 is concerned, according to the appellant, no order sheet reflects that the evidence was actually recorded on 15.04.1991. It was G highlighted that the High Court failed to appreciate that the statement of P .Ws was attached with the order sheet and it was not arranged or placed where it should have been placed as per Rules 8 and 9 of the Delhi High Court

A (Original Side) Rules, 1967. Appellant also highlighted that his ACR from 2000 to 2006 has been consistently graded as B+ and he was also promoted by the High Court to the Supertime Scale and recently assigned with much more responsibility and onerous task of presiding as a B Designated Judge/Special Judge, NDPS. [Paras 8 and 9)

[285-F, G, H; 286-A-D]

1.2. In the facts and circumstances and the materials available, the remarks/observations and the directions made in para 10 of the order dated 06.07.2006 are not C warranted. Judicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectives of the army. The duty of a restraint, humility should be constant theme of the Judges. This quality in decision making is as much necessary for D Judges to command respect as to protect the independence of the judiciary. [Para 10) (286-E, F]

A.M. Mathur v. Pramod Kumar Gupta and Ors. (1990) 2 sec 533, relied on.

1.3. The ultimate decision of the High Court in remitting the matter to the trial court for fresh disposal is not undermined. However, it is observed that the higher Courts every day come across orders of the lower courts which are not justified either in law or in fact and modify F them or set them aside. The legal system of the country acknowledges the fallibility of the Judges, hence it provides for appeals and revisions. A Judge tries to discharge his duties to the best of his capacity, however, sometimes he is likely to err. The lower judicial officers G mostly work under a charged atmosphere and are

constantly under psychological pressure. They do not have the benefits which are available in the higher courts.

In those circumstances, remarks/observations and strictures are to be avoided particularly if the officer has H

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TRANSP. CO. LTD. & ANR.

no occasion to put forth his reasonings. [Para 11] [286 A G, H; 287wA1 BJ

1.4. In the light of the principles and In view of the explanation as stated by the appellant for commenting the conduct of the plaintiff, those observations and directions B are not warranted. It is settled law that harsh or disparaging rernarks are not to be made against persons and authorities whose conduct cornes into consideration before Courts of law unless it is really necessal'.Y for the decision of the case as an integral part thereof. The c direction of the High Court placing copy of their order on the personal/service record of the appellant and a further direction for placing copy of the order before the / Inspecting Judge of the officer for perusal that too without giving him an opportunity would, undoubtedly, affect his D . career. Based on the said direction, there is every

.(_ possibility of taking adverse decision about the performance of the appellant. The adverse remarks inade against the appellant was neither justified nor called for.

In the interest of justice and fairness, the offending remarks made against the.appellant in para .10 of the E impugned order of the High Court are expunged. [Para .. 13 and 14] [287-G, H; 288~A-D]

lri the matter of 'K' A Judicial Officer (2001 3 SCC 54, relied on. '• F Case Law Reference:

(1990) 2 sec 533 Relied on.

Para 10

. (2001) 3 sec 54 Relied on.

Para 12

CIVIL APPELLATE JURISDICTION : Civil Appeal No . G

. 2586-2587 of 2009.

From the Judgment & Order dated 06.07.2006 and 23.03.2007 of the High Court of Delhi at New Delhi In R.F.A.

No. 178/2006 and in C.M. No. 13584/2006 in RF.A. No. 178 H

A of 2006.

P.S. Patwalia, Aman Preet Singh Rahi, D.K. Tripathi, Tushar Bakshi and Ashok K. Mahajan for the Appellant.

Gaurav Sharma, Sumeet Bhatia, and Surbhi Mehta (for B Mahinder Singh) for the Respondents.

The Judgment of the Court was delivered by

P. SATHASIVAM, J. 1. Leave granted.

2. These appeals, by special leave, arise from the C judgment and final orders of the High Court of Delhi. dated

06.07.2006 and 23.03.2007 in RF.A No.178 of 2006 and in C.M. No. 13584 of 2006 in RF.A No.178 of 2006 respectiveiy whereby the High Court declined to expunge the adverse remarks made against the appellant. The appellant, who is a D. Judicial Officer, is now challenging the judgment dated

06.07.2006 of the High Court to the limited extent whereby the Division Bench passed certain adverse remarks against him.

3. The case of the appellant is briefly stated hereunder:

(c; i) The appellant, who i~ a Member of the Delhi Higher Judicial Service, posted as Addi. District and .

Sessions Judge, Delhi, was transferred in the place of Shri Satnam Singh, Addi. District and Sessions

) ..,.

Judge on 13.09.2005. A suit for recovery which was ..

filed in the year 1984 in the Delhi High Court by the first respondent against second respondent herein, subsequently on enhancement of the pecuniary jurisdiction of the Delhi High Court, was transferred to the- District Court.

(b) As sufficient opportunities were given to the plaintiff l.... to lead evidence, the appellant, on 19.12.2005, _ dismissed the suit of the plaintiff. Thereafter, an appeal was filed by the plaintiff against the said judgment and the High Court, by the impugned judgment dated 06.07.2006, allowed the appeal of

~ the plaintiff and remanded the case to the trial Court.

A The High Court, while remanding the case, made certain remarks and directions against the appellant. When the file of the aforesaid suit was put up before the appellant for retrial, then only he noticed the adverse remarks made against him by B the High Court. The appellant immediately filed an . application in the High Court for expunction of the

~ aforesaid remarks. The High Court, by order dated 23.03.2007, disposed of the application stating that the remarks are only corrective In nature and do not c suggest any lack of integrity on the part of the officer.

(c) The Annual Confidential Report (in short "ACR") of the appellant from the years 2000 to 2006 has been D consistently graded as B+ and the High Court has .( promoted him to the Super-time Scale also. The ACR for the year 2006 was communicated to him on 21.08.2007, On the basis of his service record w.e.f. 12.09.2007 he had assigned much more responsible and onerous task of presiding as a E Designated Judge/Special Judge, NDPS, Patiala House Court, New Delhi for conducting the trial of NDPS cases. The High Court, vide letter dated ,. 01.08.2008, has communicated to the appellant the

...., ACR for the year 2007 which has been .F downgraded from 8+ to 8. Therefore, he submitted his representation to the High Court for review of the said ACR. He reliably came to now that the said ACR has been downgraded on the basis of the remarks in the judgment dated 06.07.2006 G .,,..;. passed in RF.A. No. 178 of 2006. To the best knowledge of the appellant, there is no report or

..... complaint about his work or conduct by anyone in the year 2007. If the said remarks in the judgment dated 06.07.2006 are not expunged, it would affect H

' .,.

A his future prospects and if the same are allowed to stay and the ACR is not re-casted, the appellant would suffer substantial loss in future as tie has left with eight years of service for superannuation and he is in the zone of consideration for elovation to B the Bench of the Delhi High Court.

4. While granting permission to file special leavo petition, this Court has fmpleaded the High Court of Delhi as party respondent. Pursuant to the Issuance of notice to the High Court c of Def hi, a reply hec beon filed atating that as por tho ludgmont

of the High Court dated 06.07.2006, o copy of tho oeid judgment wao placod In the porsonol flle/oorvlco rocord of the

appellant 011 eloo boforo tho then Hon'ble Inspecting , Judgo for tho yoar 2006. Tho oppollont woo grodod as B+ for 1 ho yooro

2000 to 2006 by the Full Court of tho Delhi High Cou1t. On tho baols of his performance at the relevant time, ho wao granted Super-time Scale of Delhi Higher Judicial Service. Thereafter, he was posted as Addi. Sessions Judge, NDPS at Patiala House Courts w.e:f. 12.09.2007. On consideration c1f overall performance of the appellant during the year 2007, the E Committee of Hon'ble Inspecting Judges in the meeting held

on 15.07 2008, for the year 2007 recorded his ACR as B. The said remarks were communicated to him by !ettm dated 01.08.2008. On a complaint .dated nil made by one ihri G.S.

Gorkaf, the Committee of Hon'bfe Inspecting Judges for the year ...

F 2008 ordered that the same may be considered at tho time of :-

awarding ACR grading. The appellant had made reprei•entation dated 19.08.2008 for review of Grade B for the year 2007. The said representation was duly considered and rejecled by a decision dated 01.09.2908 of the Full Court and the SE1me was G communicated to the appellant vide letter dated 22.0~.2008. ..

5. We heard Mr. P.S. Patwalia, learned senior counsel for the appellant and Mr. Gaurav Sharma, learned counsE1I for the 3rd respondent, High Court of Delhi.

6. The questions which arise for consideration are: A

(a) Whether in the facts and circumstances of the case, the High Court was justified In making adverse remarks/observations and directions against the appellant In its judgment dated 06.07.2006; B

(b) Whether Its further direction for placing the said

Judgment In the personal/service record of the

appellant and also before the Hon'ble Inspecting Judge for paruaal Is warranted? c

7. Before conBlderlng the grievance of the appellant, It would be useful to refer the remarka/dlractlona of the High Court In the order dated 06.07.2006 which reaa thus:

ueefore parting, we wish to make It clear that the learned 0 , Judge who passed the Impugned Judgment and decree need be careful In future, rather than adopting a hasty, slip shod and perfunctory approach as Is manifest from the judgment delivered by him In this case. We further direct that a copy of this order shall be placed on the personal/ E service record of the officer, while another copy be placed before the Hon'ble Inspecting Judge of the officer for His Lordship's perusal."

8. According to the appellant, by making such remarks b.ehind his back, the High Court failed to appreciate certain F relevant facts. !twas pointed out that the suit which was decided by the appellant on 19.12.2005 was filed in the year 1984 and the plaintiff was given sufficient opportunities to lead evidence.

The evidence which the plaintiff had already lead when the suit

,..i was pending in the Delhi High Court was In fact tagged with G "'the order sheet and the documents on which the plaintiff was

relying were not even exhibited. According to the appellant, in view of this the mistake occurred was neither deliberate nor intentional. It was also highlighted that the deposition of witnesses P.W. 1 to P.W. 3 was not arranged properly In the H

A file and the same were not traceable. Insofar as evid1mce of

 P.W.3 is concerned, according to the appellant, no orde!r sheet reflects that the evidence was actually recorded on 15.04.1991.

It was highlighted that the High Court failed to appreciate that the statement of P.Ws was attached with the order sh1et and B it was not arranged or placed where it should have been placed .

as per Rules 8 and 9 of the Delhi High Court (Original Side) Rules, 1967.

9. Apart from the above explanation with referenc1~ to the alleged lapse as pointed out by the Division BenGh, the C appellant has highlighted that his ACR from 2000 to 2c106 has been consistently graded as B+ and he was also prom ::>ted by the High Court to the Super-time Scale and recently ai; signed with much more responsibility and onerous task of presiding as a Designated Judge/Special Judge, NDPS, Patiala House, D New Delhi.

10. In the light of the explanation, we also peruse:! those relevant materials. As rightly highlighted and pointed out by Mr.

P.S. Patwalia, learned senior counsel for the appellan':, in the E facts and circumstances and the materials available, we are satisfied that the remarks/observations and the directions made in para 10 of the order dated 06.07.2006 are not warranted.

Judicial restraint and discipline are as necessary to the orderly administration of justice as they are to the effectives of the army.

As observed in AM. Mathur v. Pramod Kumar Gupta and F Others, (1990) 2 SCC 533, the duty of a restraint, humility

should be constant theme of our Judges. This quality in clecision making is as much necessary for Judges to command respect as to protect the independence of the judiciary.

11. We are not undermining the ultimate decision of the

High Court in remitting the matter to the trial Court for fresh disposal. However, we are constrained to observe that the higher Courts every day come across orders of the lower courts which are not justified either in law or in fact and modify them

...

or set them aside. Our legal system acknowledges the fallibility A .- ' of the Judges, hence it provides for appeals and revisions. A ·-Judge tries to discharge his duties to the best of his capacity, however, sometimes is likely to err. It has to be noted that the lower judicial officers mostly work under a charged atmosphere. and are constantly under psychological pressure. They do not. B have the benefits which are available in the higher courts. In those circumstances, remarks/observations and strictures are

~J to be avoided particularly if the officer has no occasion to put forth his reasonings.

12. In the matter of: 'K' A Judicial Officer, (2001) 3 SCC c

54, it was held that any passage from an order or judgment may be expunged or directed to be expunged subject to satisfying the following tests: (i) that the passage complained of is wholly irrelevant and unjustifiable; (ii) that its retention on the records will cause serious harm to the persons to whom it refers; (iii) D .. that its expunction will not affect the reasons for the judgment or order. In para 12, it was further held _that ihough the power to make remarks or observations. is there but on being .questioned, the exercise of power must withstand judicial

scrutiny on the touchstone of following tests: (a) whether the E party whose conduct is in question is before the court or has an opportunity of explaining or defending himself; (b) whether there is evidence ori record bearing on that conduct justifying .,. the remarks; and (c) whether it is necessary for the decision of the case, as an integral part thereof, to animadvert on that F conduct. The overall test is that the criticism or observation must be judicial in nature arid should not formally depart from sobriety, moderation and reserve.

13. In the light of the above principles and in view of the G explanation as stated by the appellant for commenting the conduct of the plaintiff, we are satisfied that those observations anq directions are not warranted. It is settled law that harsh or disparaging remarks are not to be made against persons and authorities whose conduct comes into consideration before H

Courts of law unless It is really necessary for the d1cision of

I A . ithe case as an integral part thereof. The direction of the High Court placing copy of their order on the personal/service record of the appellant and a further direction for placing copy of the order before the Inspecting Judge of the officer for perusal that B too without giving him an opportunity would, undoubtedly, affect his career. Based on the above direction, there is every possibility of taking adverse decision about the performance of the appellant. We hold that the adverse remarks made .\ . against the appellant was neither justified nor called for. c

14. In the interest of justice and fairness, we expunge the . offending remarks made against the appellant in para 10 of the impugned order of the High Court of Delhi, dated 06.07.2006.

Since these appeals are confined only to expungi11g of the adverse remarks, the same are allowed. No costs.

N.J.

Appeals allowed. ..