- (1.) Instant miscellaneous application has been filed by applicant Shri Sudhir Pareek, presently posted as Addl. District Judge, Bali, under Section 151, C.P.C. with the prayer to recall remarks/observations made against him in the judgment dated 13.09.2011 passed in S.B. Civil First Appeal No. 168/2011 by co-ordinate Bench of this Court. The judgment dated 13.09.2011 in the aforesaid appeal was rendered by Hon'ble Mr. Justice Kailash Chandra Joshi. Since brother Justice Joshi has ceased to hold office upon superannuation the case is listed before this Bench. Learned counsel for the appellant submits that observations made against the applicant have come up on the record against the principle of natural justice because no notice or opportunity was given to the applicant prior to passing impugned observations against him with regard to showing negligence in the proceedings of the case when he was working as Addl. District & Sessions Judge (Fast Track) No. 2, Jodhpur in between the period commencing from 11.08.2010 to 27.01.2011.
(2.) Learned counsel for the applicant invited attention of the Court towards judgment of the Hon'ble Supreme Court rendered in the case of V.K. Jain v. High Court of Delhi & Others, 2008 17 SCC 538 and submits that in the above judgment certain principles of law have been propounded by the Hon'ble apex Court in which it has been held that duty of the higher Courts to modify or set aside orders which are contrary to law or facts of the case is one of the most important functions of the superior Courts. The Indian legal system acknowledges the fallibility of Judges and therefore provides for appeals and revisions. However, Judges of superior Courts while discharging their duty ought to be extremely careful before passing imputations, strictures and remarks against subordinate judicial officers.
(3.) Learned counsel for the applicant invited my attention towards the fact that without providing an opportunity of hearing certain observations have been made in the last para of the judgment dated 13.09.2011 passed by co-ordinate Bench in S3. Civil Regular First Appeal No. 168/2011. Therefore, in the interest of justice while following the principles laid down by the Hon'ble Supreme Court in the judgment rendered in V.K. Jain's case , the remarks/observations made against the applicant may be recalled.;