The Orissa High Court recently emphasized that superior judicial authorities should avoid making adverse or derogatory remarks against subordinate judicial officers without first providing them an opportunity to be heard. This stance was articulated while quashing an adverse entry in the Confidential Character Roll (CCR) of Malaya Ranjan Dash, a former Registrar General of the High Court.

A Division Bench comprising Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra observed that issuing such remarks without affording the concerned officer a chance to explain constitutes a violation of the principles of natural justice. The Court stated, “The Superior Authority should ordinarily refrain from passing strictures, derogatory remarks and scathing criticism. Passing of such remarks/comments without affording a hearing to the subordinate officer is clearly violative of the principle of natural justice and thus, we are of the view that serious prejudice has been caused to the petitioner.”

In this case, Mr. Dash, while serving as Registrar General, had registered a suo motu writ petition to comply with a Division Bench’s directive. However, the then Chief Justice expressed displeasure over this action, leading to a departmental proceeding against Mr. Dash on charges of gross misconduct and administrative indiscipline. An Inquiry Committee found him guilty, resulting in an adverse CCR entry.

The High Court, upon review, determined that the adverse remarks were made without giving Mr. Dash an opportunity to present his side, thereby breaching the principles of natural justice. Consequently, the Court quashed the adverse CCR entry, underscoring the necessity for fairness and due process in administrative actions against judicial officers.

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