LexOM PRAKASH CHAUTALA versus KANWAR BHAN AND OTHERS
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2014] 1 S.C.R. 939 OM PRAKASH CHAUTALA v. KANWAR BHAN AND OTHERS (Civil Appeal No. 1785 of 2014) JANUARY 31, 2014 [ANIL R. DAVE AND DIPAK MISRA, JJ.] CONSTITUTION OF IND/A, 1950: Art. 21 - Reputation of a person is a noble asset - When it is hurt, man is half dead A 8 - It is vety dear to life and deserves protection u/Art. 21 - In C courts, it must be safely guarded - When a court deals with a matter that has something likely to affect a person's reputation, the normative principles of law are to be cautiously and carefully adhered to - A person who is not a party in a case, his conduct cannot be commented upon - If he asks for D expunction of remarks, same should not be denied. PARTY: Non-impleadment - Disparaging remarks against a person not party in a case - Held: When a person is not a party in a case and it is not necessaty to decide his E conduct in that case then no adverse remark should be made against him - In the instant case, the appellant was CM of the State of Hatyana - On the basis of complaint from a person in crowd in public meeting, he suspended first respondent fr?m service_- In a_writ petition by first respondent challenging, F his suspension, High Court dropped the charges and further, , criticized the action of the appellant and held that there has been arbitraty exercise of power which was amenable to judicial review - The writ petition could have been decided without making series of comments on the appellant, who, at the relevant time, was the Chief Minister - The observations G made by High Court were really not necessaty as an integral part for the decision of the case - Therefore, adverse remarks are expunged - Doctrine of audi alteram partem. 939 H 940 SUPREME COURT REPORTS [2014] 1 S.C.R. A JUDGES: Role of Judges and judicial approach - Held: Judges must not unduly criticize conduct of parties and others - Tf1ey should not be guided by any kind of notion - They must realize that they are not infallible and their unjust criticism may do harm - Judges must show judicial restraint - They B must not do anything which blindens thinking process - They must show humility and chastity of thought which are bed rock of a Civilized Society - Judicial restraint. JUDGMENT/ORDER: Reasoned judgment - Held: A judgment may have rhetoric but the said rhetoric has to be C dressed with reason and must be in accordance with the legal principles, otherwise a mere rhetoric in a judgment, may likely to cause prejudice to a person and courts are not expected to give any kind of prejudicial remarks against a person, especially so, when he is not a party before it. D The first respondent was State Government employee. The appellant was Chief Minister of Haryana. He was attending a function on 4.2.2001 when he received some complaint against the first respondent E from the crowd. On the basis of complaint, the appellant placed the first respondent under suspension. In due course, the first respondent was suspended. He questioned it by writ petition. A single judge of the High Court allowed it and also criticized the action of the F appellant by which he ordered suspension. Aggrieved, the appellant filed LPA on the ground that the adverse remarks were not at all necessary to adjudicate upon tlie issue involved in the matter and further when he was not impleaded as a party to the writ petition recording of such G observations was totally impermissible as it fundamentally violated the principles of natural justice. The Division Bench of the High Court rejected his plea. Aggrieved, the appellant filed the instant appeal. Allowing the appeal, the Court H OM PRAKASH CHAUTALA v. KANWAR BHAN 941 HELD: 1. Reputation is fundamentally a glorious A amalgam and unification of virtues which makes a man feel proud of his ancestry and satisfies him fo bequeath it as a part of inheritance on the posterity. It is a nobility in itself for which a conscientious man would never barter it with all the tea of China or for that matter all the B pearls of the sea. The said virtue has both horizontal and ·vertical qualities. When reputation is hurt, a man is half- dead. It is an honour which deserves to be equally preserved by the down trodden and the privileged. The aroma of reputation is an excellence which cannot be c allowed to be sullied with the passage of time. The memory of nobility no one would like to lose; none would conceive of i
Excerpt shown. Read the full judgment & AI analysis in Lexace.