The Madhya Pradesh High Court has allowed a petition filed by a tehsildar, currently posted in Bhopal, challenging the adverse remarks made by a sessions judge in Niwari district in 2017. The remarks pertained to the tehsildar's role as manager of the Shri Ram Raja Sarkar temple in Orchha while he was serving as tehsildar Orchha. The judge made these observations while hearing an anticipatory bail application of an accused.
Court's Decision
The bench of Justice Himanshu Joshi expunged the adverse remarks against tehsildar Gulab Singh Baghel, ruling that such remarks made without affording him a hearing violated the principle of natural justice. The court emphasized that the tehsildar was neither a party nor an accused in the case.
Background of the Case
The sessions judge, while denying anticipatory bail to the accused Munnala Tiwari, had stated: “Since a key of the room is also with the manager of Ramlala temple in Orchha, he is also an accomplice in the crime and investigation into his role in the crime is yet to be carried out.” This remark targeted the tehsildar in his capacity as temple manager.
Tehsildar Gulab Singh Baghel moved the high court, arguing that the judge's remarks were unfair and sought their expungement. His counsel pointed out that the accused, Munnala Tiwari, was a clerk at the Shri Ram Raja Sarkar temple and faced multiple complaints. A committee formed by the district collector investigated the matter and found irregularities, leading to a fraud case against Tiwari under various sections of the Indian Penal Code.
Arguments Presented
Baghel's counsel argued that making such remarks against the officer without hearing him was unjust and had adversely affected his career. The counsel further stated that Baghel was neither a party nor an accused in the case. The high court, citing guidelines from the Supreme Court in the case of Mohd Naeem Vs State of UP, held that passing adverse remarks without giving a chance of hearing was improper and thus expunged them.
