Allowed

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

Rajasthan HC16 Sept 2019CRLMP/3912/2019

Case brief

AI extract

What is this about?

Criminal Miscellaneous Petition challenging adverse judicial remarks and recommendation for departmental action against an Assistant Public Prosecutor made by the appellate court without a hearing. The High Court emphasized that no one can be punished unheard and allowed the petition.

What did the court decide?

Expunged adverse remarks and recommendation for departmental action against the petitioner from the impugned order.

Jitendra Singh Nirwan S/O Sh. R.S… — Constitutional and Fundamental Rights | 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. 3912/2019

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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 29.11.2016 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-3912/2019]

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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. 3. 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, hence, misc. petition is allowed. Impugned order dated 29.11.2016 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 /62

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

Case brief

What is this about?

What did the court decide?

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

Case brief

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What did the court decide?

What the court decided

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