Comments on Submissions - Generally, courts and authorities exercise caution when commenting on submissions made during proceedings to avoid prejudicing the case or converting departmental matters into court proceedings. For example, courts often refrain from expressing opinions on submissions related to charges or trial points to maintain impartiality and fairness Phuleshwari Prasad Srivastav VS General Manager - Patna, UMAKANT YADAV VS SUPERINTENDENT OF DISTRICT JAIL, AZAMGARH - Allahabad, UMAKANT YADAV VS SUPERINTENDENT OF DISTRICT JAIL - Allahabad.
Disciplinary and Inquiry Proceedings - In disciplinary contexts, employees do not have a right to demand personal hearings after submitting comments on enquiry reports. The disciplinary process emphasizes the importance of providing an opportunity for comments but limits the right to demand personal hearings post-comments Phuleshwari Prasad Srivastav VS General Manager - Patna.
Court Records and Comments - Comments deemed inappropriate or in bad taste, especially those made by investigating officers or deponents, are subject to deletion or warning to prevent prejudicial impact on proceedings Operation Mobilization India VS State of Telangana - Telangana.
Legal and Procedural Caution - Courts and authorities often avoid making substantive comments on submissions that may prejudice the trial or investigation, especially on contentious points like price determinations or complex legal issues. They prioritize fairness and impartiality, as seen in cases involving court-martial proceedings, investigation disclosures, and administrative inquiries Ajay Rastogi VS Roop Singh - Rajasthan, Mahindra & Mahindra Ltd. VS Union of India - Delhi.
Post-Disclosure Comments - After disclosures or investigations, interested parties may submit comments, but authorities analyze these submissions carefully, often addressing relevant points without prejudicing the case, ensuring procedural fairness Eveready Industries India Ltd. VS Union of India - Delhi.
Disciplinary Reports and Comments - Disciplinary authorities consider inquiry reports and comments/submissions from parties, sometimes tentatively accepting reports while allowing for further comments, reflecting a balanced approach to disciplinary proceedings B.M. Ramachandra vs Union of India - Central Administrative Tribunal.
Judicial Approach to Submissions - Courts tend to dismiss applications or comments without making detailed remarks on merits unless necessary, emphasizing procedural fairness and avoiding premature judgments ANARBAI VS STATE OF RAJASTHAN - Rajasthan.
Analysis and Conclusion:
Overall, the sources highlight a consistent judicial and administrative principle: comments on submissions should be made cautiously to prevent prejudice or bias. Courts and authorities generally avoid expressing definitive opinions on contentious submissions during ongoing proceedings, emphasizing fairness, impartiality, and procedural integrity. When comments are made, they are often limited, with inappropriate remarks being deleted or warned against, ensuring the integrity of the process is maintained Phuleshwari Prasad Srivastav VS General Manager - Patna, Operation Mobilization India VS State of Telangana - Telangana, Mahindra & Mahindra Ltd. VS Union of India - Delhi, Ajay Rastogi VS Roop Singh - Rajasthan.
and submissions over the enquiry report-Such a right would convert a departmental proceeding into a court proceedings where parties ... employee has no right to demand and insist upon personal hearing by the disciplinary authority even after availing the right of filing comments ... and submissions over the enquiry report. ... Before considering the rival submissions, it is relevant to notice in brief the nature of charges leveled against the petitioner. The charge sheet is contained in annexure-1. ... relating to a disc....
on such submissions - They are in bad taste - Said comments are directed to be deleted from Court records and deponent is warned ... mistakes in petition presented by Investigating Officer before Magistrate - Investigating Officer was ill advised to make loose comments ... In the process the deponent also comments on the submissions made by learned senior counsel for petitioners. ... The Investigating Officer was ill advised to make loose comments on such submissions.....
We are of the view that expressing any opinion on the aforesaid contention in this petition may prejudice either side in trial itself, as such, we refrain to make any comments on the submissions made by the learned counsel for the petitioner on points 3 to 6, which in effect have direct bearing on the ... On the said application, the Presiding Officer of the court passed an order that the counsel for the accused wants time for making submissions, therefore, the matter may be put up on 15-4-1993. ... ... ( 17 ) BEFORE considering the #HL_....
We are of the view that expressing any opinion on the aforesaid contention in this petition may prejudice either side in trial itself, as such, we refrain to make any comments on the submissions made by the learned Counsel for the petitioner on points 3 to 6, which in effect have direct bearing on the ... On the said application, the Presiding Officer of the court passed an order that the counsel for the accused wants time for making submissions, therefore, the matter may be put up on 15-4-1993. ... We are unable to appreciate the #HL_STA....
Post Disclosure Comments ... 76. Post disclosure, none of the interested parties made any submission/comment. ... 77. ... The following post disclosure comments/submissions have been made by the domestic industry: ... (i) The non-injurious price (NIP) determined by the authority is too low and inadequate to protect the domestic industry. ... On 18.08.2016, DA issued to interested parties a Disclosure Statement which, inter alia, contained the essential facts of the investigation, inviting comm....
Before making comments on the submissions of the Counsel, it may be useful to refer to certain provisions of the Army Act. Section 108 of the Act provides for four kinds of Court-martial - general Court-martial, district Court-martial, summary general Court-martial and summary Court-martial. ... In support of these submissions, reliance was placed on Ram Krishna Dalmia vs. Justice S.R. Tendolkar, AIR 1958 SC 538. ... 11.
The entire Final Findings running into over 90 pages comprises of the submissions submitted prior to issuing the Disclosure Statement as well as the comments received on 09.06.2014. ... The post PF submissions considered relevant are addressed below:" ... The Authority, thereafter, analysed and examined the post Preliminary Finding submissions of interested parties. Comments on the Disclosure Statement were received by the DA on 09.06.2014. ... ... (e) The examination by the DA records inter alia that....
This view gets support from the comments/submissions called on the Inquiry Officer’s report by the Disciplinary Authority in the next paragraph of the said letter dated 12.06.2018. ... Referring to the Inquiry Officer’s report dated 31.05.2018 and the letter dated 12.06.2018 issued by the Disciplinary Authority, learned counsel submitted that the Inquiry Officer’s report was tentatively accepted, however, it was made clear that the applicant is required to furnish comments/submissions ... We have carefully considered the....
Jethmalani, in course of her submissions, stated that this writ petition should be kept pending and be monitored by this Court. ... , views and written submissions from individuals, organisations, institutions of tobacco growers and others who may be interested in the matter. ... ... ( 27 ) WE have given our thoughtful consideration to the rival submissions of the respective parties. ... pending before the Parliamentary Standing committee on Human Resource development, it was observed, in the several sittings held so far, ngos, and membe....
... ( 2 ) I have considered that said submissions. Without making any comments on merits, this application is dismissed. Application dismissed. ...
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