RAMU AND ORS. Vs. PRAHLAD AND ORS.

JUDGEMENT

(1.) The matter comes up on a misc. application filed under Article 226 and 227 of the Constitution of India for expunging the remarks made against the applicant Mahaveer Singh in the order dtd. 02/01/2018.

(2.) The applicant, who is a Member of Board of Revenue, Rajasthan, Ajmer has stated that this Court in its order dtd. 02/08/2018 passed following order:-

(3.) The applicant states that such remarks were made without notice to him and adversely affect character, reputation and service career of the applicant and submits that the said remarks have been made because full facts and background of the case were not placed before the Court. The applicant has thereafter given details of facts of the case and the various orders passed in relation to the facts of the case. Detailed facts have been mentioned including copies of the orders passed by the Revenue Appellate Authority, High Court and the proceedings undertaken by both the parties to the writ petition. All the facts have been mentioned to support the order which he has passed on 04/06/2018 which was subject matter of examination by this Court and in this manner, the applicant states that the order passed by him was correct and there was no occasion for this Court to have made the remarks, as noted above which are stated to be disparaging and have been passed in gross violation of the principles of natural justice. Opportunity ought to have been given to explain the situation in which he had passed the order and there is nothing on record to justify the remark made against the applicant by the Court.