Supreme Court Reiterated: No Adverse Observation Against Judicial Officers Without Due Opportunity

The Supreme Court in the observed and has reiterated that the orders which are making the adverse observations with regard to the manner in which a judicial officer has exercised discretion in any manner which should not be made without an opportunity is given to the concerned person whose career and the esteem will be affected.

The bench comprising of Justice A. S. Bopanna and Justice Pankaj Mithal in the case observed wherein the court was hearing the appeal by the Additional District and Sessions Judge, Mysuru against the decision of Karnataka High Court in the month of February, 2022 wherein the court made the adverse observations against the appellant-judge, while disposing off a criminal petition wherein it prayed for cancellation of bail of an accused in the case of the dowry harassment.

The High Court in the case stated that the appellant lost sight of the judicious thought process and has failed to exercise the Judicial Discretion. The court even directed the Registry for obtaining the orders from the Chief Justice to post the appellant-Judicial Officer in the Judicial Academy for training.

The bench in the case observed and was of the view that such observation and direction is not being justified. Therefore, the court in the case repeatedly indicated that such orders should not be made without opportunity to the concerned person whose career and esteem will be effected.

Therefore, the bench set aside the directions wherein posing the appellant in the Judicial Academy and also expunged the observations against the applicant as it is contained in the order of the High Court.