Adverse remark should not be passed against Judge even if he has passed wrong order

 Having heard the learned senior counsel appearing

for the appellant, we are of the view that the adverse

observations made against the appellant are wholly

unwarranted. May be the Judge passed a wrong order; but

that does not mean that even wrong order should be

visited with such adverse remarks. All adverse

remarks/observations against the appellant contained in

the impugned order are hence expunged.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4080 OF 2016

(Arising out of SLP (C) No.8579 of 2016)

MIHIR RANJAN PARIDA APPELLANT

VERSUS

MENJA NAIK AND ORS. RESPONDENTS
Dated;18-4-2016

2. The limited prayer made by the appellant is for

expunction of certain adverse observations made by the High

Court against the appellant who is the presiding Judge on the

trial side. When the matter came up before this Court on 29th

March, 2016, this Court issued notice on the following terms:

“Permission to file special leave petition is

Issue notice.

Dasti, in addition, is permitted.

Mr. Raju Ramachandran, learned senior counsel

submits that he may be permitted to withdraw ground

(D) of the petition.

On request, the permission is granted.

The limited prayer made by the learned senior

counsel is only for expunction of the adverse

observations made by the High Court against the

petitioner. Since it is a matter of expunction, we

deem it appropriate to issue notice.

However, we make it clear that in case

respondents have no objection with regard to the

limited prayer for expunction of the adverse

observations made by the High Court against the

petitioner, they are free not to respond to the

notice as well.

Post on 18.04.2016.”

3. It is seen that the notice has already been served

on respondents but there is no appearance on their

4. Having heard the learned senior counsel appearing

for the appellant, we are of the view that the adverse

observations made against the appellant are wholly

unwarranted. May be the Judge passed a wrong order; but

that does not mean that even wrong order should be

visited with such adverse remarks. All adverse

remarks/observations against the appellant contained in

the impugned order are hence expunged.

4. The appeal is allowed.

...............J.

[KURIAN JOSEPH]

...............J.

[R. BANUMATHI]