Allowed

Jitendra Singh Nirwan S/O Sh. R.S. Nirwan v. State of Rajasthan

Rajasthan HC16 Sept 2019CRLMP/3905/2019

Case brief

AI extract

What is this about?

Allowed a Criminal Misc. Petition to expunge adverse remarks and recommendation for departmental action passed by the Appellate Court against a Prosecutor. Held that no punishmer can be imposed without a hearing opportunity.

What did the court decide?

Order dated 13.12.2016 regarding adverse remarks and departmental action against the petitioner is expunged.

Jitendra Singh Nirwan S/O Sh. R.S. Nirwan… — Civil Procedure and Limitation | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 3905/2019

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Jitendra Singh Nirwan S/o Sh. R.s. Nirwan, The Then Assistant Public Prosecutor, State Of Rajasthan, At Present Assistant Prosecution Officer, Directorate Of Prosecution, Secretariate, Rajasthan, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, through PP

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Principal Secretary, Department Of Home, Secretariat, Jaipur.

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Principal Secretary, Department Of Personnel, Secretariat, Jaipur.

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Director, Director Of Prosecution, Secretariate, Rajasthan, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Vijayant Nirwan. For State : Mr. Arvind Bhadu, PP.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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16/09/2019

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Petitioner has preferred this Criminal Misc. Petition aggrieved by order dated 13.12.2016 passed by Additional Sessions Judge No.12, Jaipur Metropolitan, Jaipur, whereby adverse remarks have been made against the petitioner.

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It is contended by counsel for the petitioner that the petitioner was an Assistant Public Prosecutor. Trial Court convicted the accused. Appellate Court vide judgment and order acquitted the accused, however, Appellate Court while passing the order of judgment on acquittal has also passed adverse remarks against

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(2 of 2)

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[CRLMP-3905/2019]

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the petitioner and has ordered that departmental proceedings be initiated against the petitioner. It is contended that before passing the adverse remarks against the petitioner, no opportunity for hearing was afforded to the petitioner, hence, adverse remarks recorded before the Appellate Court were liable to be expunged.

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It is also contended that adverse remarks were also passed against the Investigating Officer in the misc. petition filed by the Investigating Officer against adverse remarks, Co-ordinate Bench has expunged the adverse remarks qua the Investigating Officer.

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I have considered the contentions.

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Admittedly, adverse remarks have been passed by the Appellate Court without affording opportunity of hearing to the petitioner. No one can be punished unheard. Case of the petitioner is akin to that of the Investigating Officer, hence, misc. petition is allowed. Impugned order dated 13.12.2016 passed by Additional Sessions Judge No.12, Jaipur Metropolitan, Jaipur to the extent whereby adverse remarks were passed against the petitioner and departmental action was recommended, is expunged.

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Stay application stands disposed.

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(PANKAJ BHANDARI),J

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CHANDAN /61

Jitendra Singh Nirwan S/O Sh. R.S. Nirwan v. State of Rajasthan

Case brief

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What did the court decide?

Jitendra Singh Nirwan S/O Sh. R.S. Nirwan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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