When adverse remark against Judge is not expunged?

The appellant is aggrieved by certain
observations in the impugned Judgment, which
according to the appellant, are adverse in nature.
3. Having gone through the impugned Judgment, we
find that the Court, in the impugned Judgment, has
mainly stated the legal position, making it clear
that the judicial officers are bound to follow the
Judgments of the High Court and also the binding
nature of the Judgments of this Court in terms of
Article 141 of the Constitution of India.
4. We do not find any observation in the impugned
Judgment which reflects on the integrity of the
appellant. Therefore, it is not necessary to expunge
any of the observations in the impugned Judgment
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 632-633 OF 2017

PRABHA SHARMA V SUNIL GOYAL & ORS. 
Dated:January 17, 2017.

1. Leave granted.
2. The appellant is aggrieved by certain
observations in the impugned Judgment, which
according to the appellant, are adverse in nature.
3. Having gone through the impugned Judgment, we
find that the Court, in the impugned Judgment, has
mainly stated the legal position, making it clear
that the judicial officers are bound to follow the
Judgments of the High Court and also the binding
nature of the Judgments of this Court in terms of
Article 141 of the Constitution of India.
4. We do not find any observation in the impugned
Judgment which reflects on the integrity of the
appellant. Therefore, it is not necessary to expunge
any of the observations in the impugned Judgment.
5. The learned counsel for the appellant submits
that based on this Judgment, disciplinary proceedings
have been initiated against the appellant by the High
Court. We make it clear that the High Court is at
liberty to proceed with the disciplinary proceedings
and arrive at an independent decision, however,
uninfluenced by any of the observations made in the
Judgment.
6. Since the disciplinary proceedings initiated
against the appellant have been pending for long, we
request the High Court to finalise the same
expeditiously.
7. In view of the above, the civil appeals are
disposed of.
No costs.
.......................J.
 [ KURIAN JOSEPH ]
.......................J.
 [ A. M. KHANWILKAR ]
New Delhi;
January 17, 2017.

Print Page