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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANIL KUMAR UPMAN
Vimal Singh S/o Sh. Pitram Singh – Appellant
Versus
State of Rajasthan, through Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. adverse remarks against public servant require natural justice. (Para 1 , 2 , 3) |
| 2. equity and fairness require consistent treatment in law. (Para 4 , 7 , 8 , 9) |
| 3. opportunity for hearing is essential for fairness. (Para 5 , 6) |
| 4. principle of parity ensures equal treatment in judicial outcomes. (Para 10 , 11) |
| 5. disciplinary proceedings to follow natural justice principles. (Para 12 , 13 , 14 , 15) |
ORDER :
Anil Kumar Upman, J.
1. The petitioner has preferred this Criminal Misc. Petition aggrieved by judgment and order dated 29.04.2023 passed by learned Special Judge, NDPS Cases, Jhalawar in Sessions Case No.63/2018 titled as State of Rajasthan Vs. Tejraj @ Teju @ Tejraj Nagar & Ors. whereby while acquitting the respondents, adverse remarks have been passed against the petitioner and direction has been issued to the Director General of Police, Rajasthan to initiate appropriate proceedings against the petitioner under Order 35 Rule 6 of the General Rules (Civil and Criminal), 2018.
2. Learned counsel for the petitioner submits that the petitioner was posted as Additional Superintendent of Police, Jhalawar at the relevant point of time. Vide para No.86 of the judgment dat
Natural justice mandates that individuals must be afforded an opportunity to be heard before the court issues adverse remarks that could impact their professional future.
The court emphasized the necessity of providing a hearing before making disparaging remarks, quashing directions for disciplinary action against the petitioner.
Adverse judicial remarks against an Investigating Officer cannot be made without granting an opportunity for hearing, violating natural justice principles.
Adverse remarks against an officer without a hearing violate natural justice principles, rendering such remarks unsustainable.
The court emphasized that adverse remarks against individuals must adhere to principles of natural justice, requiring an opportunity to be heard before such comments are made.
The High Court has inherent jurisdiction to expunge remarks made by itself or lower courts to secure justice, but this power is to be exercised in exceptional cases only.
Judicial remarks against individuals must comply with principles of natural justice, necessitating notice and an opportunity for a hearing before issuing adverse comments, particularly for officials.
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