Adverse observations against Judicial Officers should not be made without opportunity to the person concerned says Supreme Court

A two-judge bench of the Supreme Court, Justice Pankaj Mithal and Justice AS Bopanna, was hearing the appeal filed by an Additional District and Session Judge, Mysuru against a decision delivered by the Karnataka High Court on February 2022. The decision made adverse observations against the appellant judge while disposing of a criminal petition seeking the cancellation of bail in a dowry harassment case. On May 19, 2023, the bench reiterated that orders making adverse observations in context with the manner in which the judicial officer has exercised discretion should not be made without opportunity to the person concerned. The order delivered illustrated that “This Court has been repeatedly indicating that such orders should not be made without opportunity to the person concerned whose career and esteem will be effected.” The bench hearing the matter set aside the direction to post the appellant in the Judicial Academy. Along with this, the observations against the appellant as mentioned in the High Court’s Order were expunged.