Mere Setting Aside of a Judicial Order by Superior Court not a Reflection on Judge's integrity, Rules HC

The Delhi High Court has allowed a recall application filed by a judicial officer seeking expunction of alleged adverse remarks in a 2023 judgment, clarifying that the original order did not impugn his competence or integrity. The decision safeguards the officer’s service record and sets a clear precedent on how High Court observations should be treated.

The applicant, formerly serving as Special Judge (NDPS) and Additional Sessions Judge at Karkardooma Courts, sought recall of a judgment dated 1 March 2023, contending that adverse remarks made in the case against police officials had inadvertently affected his reputation and service record. He argued that the judgment was passed without notice or opportunity to be heard, and that his judicial directions, issued to ensure speedy trial compliance, were mischaracterized.

The application also highlighted that the judgment’s circulation led to a transfer and down-gradation of his Annual Confidential Report. The Court noted the application included a 736 day delay, which it condoned.

The High Court held that the 1 March 2023 judgment did not specifically reference the applicant and did not impugn his personal competence or integrity. Observing that higher courts can critique orders without reflecting on the judicial officer personally, the bench stated, “The observations made in the judgment dated 01.03.2023 were confined solely to the adjudication of the writ petition and the same may not be treated as adverse remarks against the applicant for the purposes of recording or assessing his Annual Confidential Report.” 

The Court confirmed that circulation of the judgment would, going forward, avoid naming individual judges, referring only to court numbers. The application was disposed of accordingly.

Case Title: Sanjay Kumar Sain Vs. State Of Nct Of Delhi,

Case No.: W.P.(Crl) 76/2023

Coram: Hon’ble Dr. Justice Swarana Kanta Sharma

Advocate for the Petitioner: Adv. Prabhav Ralli, Adv. SaAdvaat Saxena, Adv. Deeya Mittal, Adv. Devvrat Arya,

Advocate for the Respondent: ASC Rupali Bandhopadhya, Adv. Abhijeet Kumar, Adv. Amisha Gupta, Adv. Sagar Suri, Adv. Kabir Sagar Ghosh,

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