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TMI Blog2009 (4) TMI 1025X X X X Extracts X X X X X X X X Extracts X X X X ..... J. 1. Leave granted. 2. These appeals, by special leave, arise from the judgment and final orders of the High Court of Delhi dated 06.07.2006 and 23.03.2007 in R.F.A. No. 178 of 2006 and in C.M. No. 13584 of 2006 in R.F.A. No. 178 of 2006 respectively whereby the High Court declined to expunge the adverse remarks made against the appellant. The appellant, who is a Judicial Officer, is now challenging the judgment dated 06.07.2006 of the High Court to the limited extent whereby the Division Bench passed certain adverse remarks against him. 3. The case of the appellant is briefly stated hereunder: (a) The appellant, who is a Member of the Delhi Higher Judicial Service, posted as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court has promoted him to the Super-time Scale also. The ACR for the year 2006 was communicated to him on 21.08.2007. On the basis of his service record w.e.f. 12.09.2007 he had assigned much more responsible and onerous task of presiding as a Designated Judge/Special Judge, NDPS, Patiala House Court, New Delhi for conducting the trial of NDPS cases. The High Court, vide letter dated 01.08.2008, has communicated to the appellant the ACR for the year 2007 which has been downgraded from B+ to B. Therefore, he submitted his representation to the High Court for review of the said ACR. He reliably came to know that the said ACR has been downgraded on the basis of the remarks in the judgment dated 06.07.2006 passed in R.F.A. No. 178 of 2006. To t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remarks were communicated to him by letter dated 01.08.2008. On a complaint dated nil made by one Shri G.S. Gorkal, the Committee of Hon'ble Inspecting Judges for the year 2008 ordered that the same may be considered at the time of awarding ACR grading. The appellant had made representation dated 19.08.2008 for review of Grade B for the year 2007. The said representation was duly considered and rejected by a decision dated 01.09.2008 of the Full Court and the same was communicated to the appellant vide letter dated 22.09.2008. 5. We heard Mr. P.S. Patwalia, learned senior counsel for the appellant and Mr. Gaurav Sharma, learned Counsel for the 3rd respondent, High Court of Delhi. 6. The questions which aris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lead when the suit was pending in the Delhi High Court was in fact tagged with the order sheet and the documents on which the plaintiff was relying were not even exhibited. According to the appellant, in view of this the mistake occurred was neither deliberate nor intentional. It was also highlighted that the deposition of witnesses P.W. 1 to P.W. 3 was not arranged properly in the file and the same were not traceable. Insofar as evidence of P.W.3 is concerned, according to the appellant, no order sheet reflects that the evidence was actually recorded on 15.04.1991. It was highlighted that the High Court failed to appreciate that the statement of P.Ws was attached with the order sheet and it was not arranged or placed where it should have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to observe that the higher Courts every day come across orders of the lower courts which are not justified either in law or in fact and modify them or set them aside. Our legal system acknowledges the fallibility of the Judges, hence it provides for appeals and revisions. A Judge tries to discharge his duties to the best of his capacity, however, sometimes is likely to err. It has to be noted that the lower judicial officers mostly work under a charged atmosphere and are constantly under psychological pressure. They do not have the benefits which are available in the higher courts. In those circumstances, remarks/observations and strictures are to be avoided particularly if the officer has no occasion to put forth his reasonings. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ities whose conduct comes into consideration before Courts of law unless it is really necessary for the decision of the case as an integral part thereof. The direction of the High Court placing copy of their order on the personal/service record of the appellant and a further direction for placing copy of the order before the Inspecting Judge of the officer for perusal that too without giving him an opportunity would, undoubtedly, affect his career. Based on the above direction, there is every possibility of taking adverse decision about the performance of the appellant. We hold that the adverse remarks made against the appellant was neither justified nor called for. 14. In the interest of justice and fairness, we expunge the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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