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Mihir Ranjan Parida v. Menja Naik and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4080 of 2016)Decided 18 Apr 2016
Civil Appeal No. 4080 of 2016
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant was a trial-court Judge against whom the High Court, while deciding a matter on its judicial side, had made adverse observations. The appellant's only prayer before the Supreme Court was for expunction of those adverse remarks, not a challenge to the underlying order itself. Notice was issued to the respondents, who were duly served but did not appear or object.

Decision Breakdown

The Supreme Court held that even if the Judge had passed a wrong order, that alone did not justify visiting him with adverse personal remarks. Finding the observations made against the appellant to be wholly unwarranted, the Court expunged all adverse remarks/observations against him contained in the High Court's impugned order and allowed the appeal.

Lesson Learnt

A judicial officer whose order is overturned on the merits should not automatically be subjected to personal adverse remarks; superior courts can and do expunge such remarks where they are unwarranted, since an erroneous decision is not the same as misconduct.

Official source (sci.gov.in)View Judgment (PDF)

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