Patna High Court Expunges DM's Remark Against Scholar Stating He Had 'Mentality To Harass SC/ST Persons', Warns Against Personal Comments
The Patna High Court has cautioned quasi-judicial authorities against making personal, irrelevant or biased remarks against litigants, after a District Magistrate described a Sanskrit scholar as appearing to have a “mentality to harass” persons belonging to the SC/ST community.
A Single Judge Bench of Justice Alok Kumar was hearing a petition filed by Dr. Dev Narayan Jha challenging remarks made against him by the District Magistrate-cum-Second Appellate Authority under the Bihar Public Grievance Redressal Act, 2015.
The petitioner had complained about seepage of water from a government-built drain into his agricultural land. After the grievance was considered by the authorities, the petitioner pursued an appeal before the Additional Collector and thereafter a second appeal before the District Magistrate.
While dismissing the second appeal, the District Magistrate recorded that the petitioner, as complainant, appeared to have a “mentality to harass persons belonging to the SC/ST communities residing in the neighborhood” and directed the Sub-Divisional Officer to enquire into the matter.
The petitioner challenged these remarks as unwarranted and stigmatic, contending that they had been made without any factual or legal basis and affected his reputation and social standing. He also pointed out that he was a Sanskrit scholar and had served as Vice-Chancellor of a State University.
The High Court declined to interfere with the orders concerning the underlying grievance after taking note of the report that no waterlogging was found on the petitioner's land during physical verification. However, the Court took serious exception to the personal remarks made by the District Magistrate. The Court emphasised:
“It is necessary to emphasize that quasi-judicial authorities must decide cases based strictly on facts and law, personal remarks, insults, or biased observations violate the core principle of a fair and objective hearing. The scope of a quasi-judicial body is limited to resolving the specific dispute before it; commenting on the personal character, morality or background of a litigant, unrelated to legal merits is an abuse of power. Superior Courts have repeatedly held that lower Courts, tribunals, and quasi-judicial authorities must use sober, temperate, and respectful language.”
The Court further observed that a quasi-judicial authority is not expected to make passing references to matters outside the record or irrelevant to the adjudication.
Holding that the comments made against the petitioner were “uncharitable and unwarranted”, the Court expunged the portion of the District Magistrate's order containing personal aspersions against him.
The writ petition was accordingly disposed of.
Case: Dr. Dev Narayan Jha v. State of Bihar.
Case No.: Civil Writ Jurisdiction Case No. 6198 of 2024
Appearance: For the Petitioner: Mr. Abhinav Srivastava. For the Respondent: Standing Counsel 7.