Holding

Observations made by a court against a non‑party without affording a hearing violate natural justice and must be expunged; the State's appeal is maintainable and the High Court's remarks are unwarranted.

Summary

The State of Maharashtra appealed to the Supreme Court seeking expunction of adverse remarks made by the Bombay High Court against the then Chief Minister and the Managing Director of CIDCO, who were not parties to the proceedings. The High Court had interpreted the Chief Minister's notation "please put up" on land‑allotment applications as an endorsement, and had criticised the Managing Director for alleged dereliction of duty, without giving either a hearing. The Supreme Court held that such observations violated the principles of natural justice, were unwarranted, and could affect the functioning of the Chief Minister's office. It clarified that the notation merely directed the department to process the applications and did not constitute approval. Consequently, the Court ordered the expungement of the High Court's remarks and allowed the State's appeal, while partially allowing the appeal of the Managing Director.

Issues considered

The meaning and legal effect of the Chief Minister's notation "please put up" on applications.
Whether a court may make adverse observations against a person who is not a party to the proceedings without giving a hearing.
Whether such observations violate Article 21 and the principles of natural justice.
Whether the State of Maharashtra is maintainable as an appellant to seek expunction of remarks affecting the Chief Minister's office.
Whether the High Court's observations against the Managing Director of CIDCO are warranted.

Legislation cited

Constitution of Indias. Article 132, s. Article 21, s. Article 226
Maharashtra Regional and Town Planning Act, 1966

Subjects

expunction of remarksnatural justiceadverse observationspublic interest litigationChief MinisterCIDCOland allotmentArticle 21administrative law

Judgment

)-

> STATE OF MAHARASHTRA A
v.
PUBLIC CONCERN FOR GOVERNANCE TRUST AND ORS.

JANUARY 4, 2007

[Dr. AR. LAKSHMANAN AND AL TAMAS KABIR, JJ.] B
Strictures :

Expunction of adverse remarks-Chief Minister endorsing 'please put
up' on application addressed to him for allotment of plots by Societies-
Applications forwarded to the Authority for pocessing-Allotment of land C
to the Societies-Unwarranted observations made against Chief Minister
by High Court-Appeal by State for expunging ofremarks-Held: Notation
'please put up' by Chief Minister merely means that the Department should
process the applications in accordance with the procedure -It does not
mean approval-High Court erred in making observations regarding D
notations made in files on their own reading and interpretation of the
files-Chief Minister not made party to the case nor calledfor explanation--
Also, appeal by State maintainable since observations and strictures made
by High Court would affect working and functioning of office of Chief
Minister-Thus, strictures/observations/remarks made by High Court not
warranted and are expunged-Constitution of India, 1950-Articles 21, E
226 and 132.

Expunction of remarks-Passing of commentslobservationslstricturers
against an individual not party to the proceedings nor direction made to
be party and without giving him hearing-Held : Such act amounts to F
gross violation of principles of natural justice-It would have wide
ramifications and adverse impact on the career of the individual-He has
right to have his reputation-Thus, such comments/observations structures
made not warranted and are expunged-Constitution of India, 1950-
Articles 21, 226 and 132.
G
With regard to Civil Appeal No. 14 of 2007, CIDCO-Corporation
• grants plots in Navi Mumbai for construction and development under the
Maharashtra Regional and Town Planning Act, 1966 read with prevalent
development control regulations for Navi Mumbai. Respondent Nos. 5to10-
Societies filed applications for allotment of residential plot for housing H
'ir7
88 SUPREME COURT REPORTS [2007] I S.C.R

A society to the then Chief Minister of Maharashtra who was also the
Minister for Urban Development. It was stated that CIDCO may allot the
plot for residential purposes as per the prevailing rules. The then Chief
Minister made noting on the five applications "please put up". The
applications were forwarded to the Authority-CIDCO for processing and
they added their endorsements reading please process early or words to
B that effec't. Chief Minister did not make any other noting or endorsement
on the said files. The sixth application though addressed to the Chief
Minister, but no endorsement was made by the Chief Minister on the said
file. At no stage the file reached the office of the Chief Minister. CIDCO
processed the six applications and made allotments of land to the co-
C operative housing societies. Public Interest Litigation was filed challenging
the allotments to the six Cooperative Housing Societies. High Court called
for the files relating to the allotment and set aside the allotment. It on its
own conclusions and interpretations of the file notations without calling for
any explanation, made certain unwarranted observations as regards the
D making of the application to the then Chief Minister as also the notation
"please put up" made by the then Chief Minister in the five applications.
Hence the present appeal for expunging of certain remarks made by High
Court agaiQst·the then Chief Minister.

With regard to Civil Appeal No. 15 of2007, Public Interest Litigation
E was filed. High Court disposed of the writ petition making certain
observations against the appellant, then appointed as Managing Director-
CIDCO even though he was not a party to the said proceedings nor was
directed to be made a party to the PIL. It was observed that during the
tenure of the appellant plots of certain project were allotted in contravention
of conditions of allotment and the scrutiny was given a complete go-by and
F
as such there was a complete dereliction of duty. The Authorities were
directed to take appropriate action against the persons concerned. Charge
sheet was issued to the appellant. Government sought action against the
appellant by the tribunal since the High Court directed so. Hence the
present appeals.
G
Allowing the appeal of the State and partly allowing the appeal of the
Managing Director-CIDCO, the Court

HELD : 1.1. Various applications and representations on diverse
subjects are received by the Chief Ministers of the States as th.e Head of
H
STATE v. PUBLIC CONCERN FOR GOVERNANCE TRUST 89

the State and in respect of the Ministries under their control. Often such A
applications are directly addressed by members of the public to the Chief
Minister. The Chief Minister then endorses the same to the concerned
department so that the same may subsequently be followed up by the
concerned department. When the Chief Minister is on tour in various parts
of the State, representations and applications are given to him by various
people who meet him. In the routine course, the Chief Minister endorses B
the same with a noting "please put up" and forward the same to the
concerned department. Such notation merely means that the concerned
department should process the applications and representations lawfully
and in accordance with certain prescribed procedure. While making such
n.otations on the representations/applications so received, the Chief Minister C
does not analyse each and every case since this is to be done at the level
of the concerned department which then scrutinizes the same in accordance
with law. The notation is not even treated as a determination of eligibility
or the merit of the concerned application. It is a routine notation made in
the normal course and is really an action of forwarding to the concerned
department the representations/applications received by the Chief Minister. D
The concerned department is then expected to examine the said
representations/applications and decide the same on its own merits and in
accordance with law. As to how he treats the file, the nomenclature given
to such matters are of matters of internal administration of the concerned
department/corporation. (Para 17) [98-F-H, 99-A-C) E
1.2. The observations and strictures made by the High Court reflects on
the functioning of the office of the Chief Minister and day-to-day discharge of
the duties of the Chief Minister. After the endorsement 'please put up', is
made the file may or may not be approved by the concerned department and it
is clear that the said notations are not approval of the contents of the F
representation and no other meaning could be taken. The High Court has
erred in holding that by making a notation 'please put up' the applications had
blessings of the then Chief Minister. [Para 19] [99-F-H, 100-A]

1.3. The Civil Appeal at the instance of the State of Maharashtra is
maintainable inasmuch as the observations and strictures made by the High G
Court shall affect the working and functioning of the office of the Chief
Minster of the State. The submission of the first respondent that these
averments had been made on the basis of the recommendations by the Chief
Minster or other high functionaries acting at his behest and that all the
rules and norms had been disregarded by CIDCO as a consequence of such H
. -(

SUPREME COURT REPORTS [2007] 1 S.C.R.

A recommendations has absolutely so basis whatsoever. The grievances
expressed against the then Chief Minister is nothing but imaginary. Except
making the endorsement 'please put up' the Chief Minister has not played
any other role. [Para 19) (100-A-D]

1.4. As the High Court has erred in making observations as regards
B notations made in files which observations are made on their own reading and
interpretation of the files without any further reference to the petitions or the
then Chief Minister who was not even a party to the case and without even
calling for an explanation in that regard. High Court has failed to notice that
the Chief Minister was heading the Urban Development Department and
c CIDCO comes under the administrative control of the urban development and
since the applications for allotment ofland were received by the Chief Minister,
who merely made a notation that the application be put up before the concerned
authority. No notation whatsoever was made that the applications be processed
· by any pa~ticular date. The words 'please put up', only meant that the
applications should be processed and decided in accordance with law and on
D its own merits. CIDCO which is a Corporation had detailed rules which
govern the allotment ofland and are to be complied with by CIDCO before any
allotment ofland is made. The records placed indicates that the applications
put up to CIDCO were processed at various levels including the marketing
manager, assistant marketing officer, managing director and upto the stage
of board of directors. The High Court also erred in observing that the
E
application made by respondent No.10 had been received by the Chief Minister
and bore his endorsement on 05.04.2005 to the effect please process and pass
by 12.04.2004. The said documents have been perused. The above endorsement
is not written by the Chief Minister and in fact the said application did not even
reach the office of the Chief Minister at any point of time. (Para 21]
F (101-E-H, 102-A]

1.5. Allegations have been made against the then Chief Minister,
however, he was not matie party before the Court. High Court did not give
an opportunity to the affected party, the then Chief Minister, before making
remarks. It cannot be gain said that the nature of remarks made in the
G impugned judgment will cast a serious aspersion on the Chief Minister
affecting his reputation, career etc. Condemnation of the then Chief
Minister without affording opportunity of being heard was a complete ...
negation of the basic principles of natural justice. (Therefore, the allegations
made against him are one-sided and do not merit any consideration.) The
H observations/strictures made and the inference drawn by the High Court
}-

STATE v. PUBLIC CONCERN FOR GOVERNANCE TRUST 91

from the notation 'please put up' made by the Chief Minister, behind his A
>'
back and without calling for an explanation from him is wholly illegal,
incorrect and unwarranted in the facts and circumstances of the case and
are expunged. (Paras 19, 23, 24 & 25) (107-D-F, 99-H)

Dr. Dilip Kumar Deka and Anr. v. State of Assam and Anr., (19961 6
SCC 234; Rajiv Ranjan Singh 'La/an' (VIII) & Anr. v. Union of India and B
Ors., [2006) 6 SCC 613; Dr. JN. Banavalikar v. Municipal Corporation
of Delhi and Anr., [1995) Suppl. 4 SCC 89; S. Pratap Singh v. The State
of Punjab, [1964) 4 SCR 733 and A.K.K. Nambiar v. Union of India and
J'
Anr., (1969) 3 SCC 864, relied on.

2.1. High Court was not right in passing comments/observations/ c
strictures against the appellant-Managing Director of CIDCO when the
appellant was not a party to the said proceedings nor was directed to be
made a party and also without giving an opportunity to the appellant of being
heard. The act of High Court is in gross violations of the principles of
natural justice. The observations made are also based on complete D
misunderstanding of the facts. The observations made would have wide
ramifications and adverse impact on the career of the appellant. (The
.f.
observations/strictures and remarks made by High Court against the
appellant behind his back is totally uncalled for and not warranted.)
Therefore, the remarks/observations/strictures made against the appellant
are expunged. (Paras 30, 31 & 36) [110-B-C; D-E, 111-F] E

2.2. When an 11uthority takes a decision which may have civil
conseque11ces and affects the rights of a person, the principles of natural
justice would at once come into play. Reputation of an individual is
important part of ones life. One is entitled to have and preserve ones
.,,
F
reputation and one also has a right to protect it. In case any authority in
discharge of its duties fastened upon it under the law, travels into the realm
of personal reputation adversely affecting him, it must provide a chance to
"!
him to have his say in the matter. In such circumstances, right of an
individual to have the safeguard of the principles of natural justice before
being adversely commented upon is statutorily recognized and violation of G
the same will have to bear the scrutiny of judicial review. [Paras 33 & 35)
(111-A-B, E)

'7 State of Bihar v. Lal Krishna Advani and Ors., (2003) 8 SCC 361;
Board of Trustees of the Port of Bombay v. Dilip Kumar Raghavendranath
H
92 SUPREME COURT REPORTS [2007] 1 S.C.R.

A Natkarni, [1983) 1 SCC 124; Dr. Dilip Kumar Delea and Anr. v. State
of Assam and Anr., [1996) 6 SCC 234; Rajiv Ranjan Singh 'La/an'
(VIII) & Anr. v. Union of India and Ors., [2006) 6 SCC 613;
Dr. JN.. Banavalikar v. Municipal Corporation of Delhi and Anr., [1995)
Suppl.4 SCC 89 and A.K.K. Nambiar v. Union of India and Anr,. [1969) 3
sec 864, relied on.
B
DF Marion v. Minnie Davis, [1955) American LR 171, refered to.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 14 of2007
~.

From the Final Judgment and Order dated 23.11.2005 of the High Court
c of Judicature of Bombay in P.L. No. 43/2005.

WITH

C.A. No. 15 of2007.
D F.S. Nariman, R.F. Nariman, Mukul Rohtagi, P.H. Parekh, E.R.
Kumar, Sameer Parekh, Ranjeeta Rohtagi, Nitin Thukral, Sumit Goel (for
Mis. P.H. Parekh & Co.), Parimal K. Shroff, Bina Gupta, lnklee
Barooah, Amrita Swarup, V.N. Raghupathy, Siddhartha Chowdhury for
the Appellant and Vinay Mohan Lal, Appellant-In-Person (in C.A. No.
E 1512007).

G .E. Vahanvati, Solicitor General oflndia, Ravi Kadam, Adv. General for
State of Maharashtra, Chander Uday Singh, Altaf Ahmed,.S.S. Shinde, R.P.
Wadhwani, Varun Thakur, Sanjay Dubey, A.S. Bhasme, Vinay Navare and
Naresh Kumar for the Respondents.
F '·
_.,.
The Judgment of the Court was delivered by

DR. AR. LAKSHMANAN, J. :
:'

CIVIL APPEAL NO. 14 OF 2007 (Arising out ofS.L.P. (Civil) No. 18965
G of2006)

l. Leave granted.

2. The appellant State of Maharashtra has filed the above appeal from
'(
-
H the judgm~nt and order of the Bombay High Court dated 23 .05 .2005 only for
STATE v. PUBLIC CONCERN FOR GOVERNANCE TRUST [LAKSHMANAN, J.] 93

the purpose of expunging certain remarks made by the High Court, A
inasmuch as the same may affect the working and functioning of the office
of the Chief Minister of the State of Maharashtra.

BACKGROUND FACTS:

3. The City and Industrial Development Corporation (CIDCO) is an B
authority constituted under the Maharashtra Regional and Town Planning
Act, 1966 (MRTP Act) for development of Navi Mumbai as a township.

f 4. CIDCO grants plots in Navi Mumbai for construction and development
under the MRTP Act read with prevalent development control regulations
for Navi Mumbai. There are detailed regulations and procedures for allotment
c
of land by CIDCO to various entities.

5. Five different applications were made by respondent Nos. 5 to 10 to
the then Chief Minister of Maharashtra who was also the Minister for Urban
Development. All business of Urban Development Department was under D
the control of the Minister for urban development.

6. The then Chief Minister in tum noted on five of the said applications
the words "please put up". Since the authority concerned i.e. CIDCO was
required to process the same, the said applic<itions were forwarded to the
new town development authority i.e. CIDCO for further processing. No E
other or further endorsement of any nature whatsoever was made on any
of the said files in relation to the said applications by the Chief Minister.
Thus, except for the original noting "please put up", no other noting,
direction or order had been made or passed on any of the said files by the
Chief Minister. A 6th application though addressed to the Chief Minister, F
no endorsement whatsoever was made by the Chief Minister of Maharashtra
on the said file. The said file at no stage reached the office of the Chief
< Minister of Maharashtra. The role of the Chief Minister ended on his
endorsing five out of six files with the noting "please put up".

7. The said six applications were processed by CIDCO and CIDCO G
made allotments of land to the six cooperative housing societies.

8. Public Interest Litigation No. 43 of 2005 was filed in the Bombay
High Court challenging the allotments to the six Cooperative Housing
Societies.
H
94 SUPREME COURT REPORTS [2007] 1 S.C.R.

A 9. The Bombay High Court, after calling the files ofCIDCO relating to
the allotment, by its judgment dated 23 .11.2005 set aside the allotments. In
the judgment dated 23.11.2005, the Bombay High Court on its own
conclusions and interpretations of the file notations without calling for any
explanation, made certain unwarranted observations as regards the making
of the application to the then Chief Minister as also the notation "please
B put up" made by the then Chief Minister in the five applications. The High
Court in fact made a complete factual error in observing that a notation on
the application of respondent No. 10 "please process and pass by 12th
April, 2004" was made by the then Chief Minister when in fact, no such
endorsement was made by the then Chief Minister. In the impugned order
c dated 23.11.2005, the Bombay High Court made the following observations
against the then Chief Minister which, according to the appellant State of
Maharashtra, are unwarranted:-

"{i) "When we look into these documents, what we find is that
the letters of application titled "Request for allotment" by
D
respondent Nos. 5 to 9 societies are computer print-outs. All
the letters are undated. All of them are addressed to the then
Chief Minister of Maharashtra Shri Sushilkumar Shinde and
not to CIDCO which as a statutory Corporation, is a separate
competent legal entity. Each of them bears the endorsement
E of the Chief Minister "please put up" dated 21st February
2004" (para 23)

{ii) "It is seen that Co-operative Housing Societies stated to be
having different names and different addresses in far off areas
F have all sought to apply for allotment by writing identical
letters on the same day, not to CIDCO but to the then Chief
Minister of Maharashtra" {para 25)

(fu) The application of respondent No. 10 has been made
separately. It is also undated. It is received initially on 5th
G April 2004 and bears endorsement of the Chief Minister dated
5th April, 2004 "Please process and pass by 12th April, 2004"
(para27)

(iv) "Neither the then Chief Minister nor the Marketing Manager
H nor the Managing Director of CIDCO are seen to have made
STATE v. PUBLIC CONCERN FOR GOVERNANCE TRUST [LAKSHMANAN, J.] 95

any query in spite of this astonishing similarity of approach A
of these six societies coming from different parts of the city.
Strangely enough, their response to these identical applications
is also astonishingly identical" (para 28)

(v) It is esoteric how promoters of societies of such members
initially applied not to CIDCO but to the Chief Minister whose
B
office finds no place in the MRTP Act or the aforesaid Rules
filed for grant of any plot of CIDCO". (para 38)
·'
(vi) "It is not known how he became the Chief Promoter of the
said Society which applied later than the other societies and c
whose application was not only directed to be put up by the
then Chief Minister but to be put up by a specific date within
a week of the application having been made and even before
its co'py was received by the Managing Director of CIDCO"
(para 79)
D
(vii) The Chief Minister endorsed on five of them to the Managing
) Director to "please put up" and on the sixth to process and
pass by the specified date" (para I34)

(viii) "Would the Managing Directors and the officers of CIDCO E
have entertained these applicants who are principally slum
dwellers for the prime plot known as "Marine Drive of Navi
Mumbai". If they were to approach them without being led
by these traders and supported by a builder and without the
blessing of the Chief Minister? (para I 39)" F

IO. Mr. G.E. Vahanvati, learned Solicitor General oflndia and Mr. Ravi
Kadam, learned Advocate General for the State ofMaharashta have appeared
and argued the matter on behalf of the appellant. Mr. Chander Uday Singh,
learned senior counsel appeared and countered the argument of the appellant
on behalf of the contesting Ist respondent. Mr. Altaf Ahmed, learned senior G
counsel appeared for. the CIDCO.

I I. The learned Solicitor General argued the matter at length and
invited our attention to the strictures and remarks made by the High Court
against the then Chief Minister of Maharashtra Mr. Sushi! Kumar Shinde H
SUPREME COURT REPORTS [2007] 1 S.C.R.

A and the documents at page Nos. 139, 141, 145, 147 and 149 and also the
pleadings and other annexures.

12. Learned Solicitor General submitted that the present appeal was
filed only for the limited purpose of expunging certain remarks made by the
High Court against the then Chief Minister who was not even a party to the
B case and without calling for an explanation. He also submitted that it is not
correct on the part of the Court to call for the files, pursue the same and
make observations on its own understanding and interpretation of the
notings in the file without calling for any explanation from the person making
the noting or the concerned department. He would further submit that it was
c not proper and correct on the part of the High Court to draw adverse
inference on certain endorsement made by the then Chief Minister without
any reference to the State or the then Chief Minister who was not even a
party to the case and without calling for an explanation. According to the
learned Solicitor General, the file notings such as please put up are made
D in the usual day to day functioning of the office of the Chief Minister and
various other offices and, therefore, the observation of the High Court
against the then Chief Minister will affect the functioning of the Chief
Minister and, therefore, it is not fair and justified.

13. Learned Solicitor General also ci~ed the following rulings of this
E Court in support of his contenti~n. They are :-

1. Dr. Dilip Kumar Deka & Anr. v. State ofAssam & Anr., [1996]
6 sec 234 (paras 6, 7 & 8).

F 2. Rajiv Ranjan Singh 'La/an' (VIII) & Anr. v. Union of India & '
t
Ors., [2006] 6 SCC 613 at 645 (para 57)

3. Dr. J.N. Banavalikar v. Municipal Corporation of Delhi & Anr.,
[ 1995] Suppl. 4 SCC 89 (para 21 ).
G
4. S. Pratap Singh v. The State of Punjab, [1964] 4 SCR 733 at 747
(para2).

5. A.K.K. Nambiar v. Union of India & Anr., [1969] 3 SCC 864 at
867 (paras 8 & 9).
H
STATE v. PUBLIC CONCERN FOR GOVERNANCE TRUST [LAKSHMANAN, J.] <J7

14. Mr. Chander Uday Singh, learned senior counsel for the first A
-. ,.;
respondent (writ petitioner) submitted that the first respondent filed the writ
petition by way of PIL in order to expose a massive and orchestrated scam
by which CIDCO a special planning authority constituted under the
Maharashtra Regional Town Planning Act, 1966 has diverted public lands
intended for genuine cooperative housing societies to a small coterie of
commercial builders/developers and thereby conferred massive commercial
B
largesse upon such builders/developers while simultaneously causing losses
to CIDCO and the members of the general public. According to him, small
y coteries of builders/developers approached the then Chief Minister of
Maharashtra and by addressing applications directly to him in the name of
societies on identical or suspiciously similar computer generated stationery/ c
letter heads made specific requests for allotment of prime plots of land by
expressly mentioning the plot or plots desired by them and that the Chief
Minister endorsed each such application with the words "please put up"
and thereupon these applications were hand delivered to CIDCO's Head
Office at Nariman Point, Mumbai and that these applications were assigned
D
inward numbers thereby signifying that they are recommended by the Chief
Minister and on the very same date, when they were received by CIDCO at
• . Nirmal, the Vice Chairman and M.D. added their endorsements reading
please process early or words to that effect. He would further submit that
the Chief Minister's recommendation proved so compelling that CIDCO
instantly allotted the chosen plots for residential user even though the E
classification and earmarking of these plots was commercial plus residential
on the development plan of CIDCO thereby causing loss to CIDCO of the
much higher premium available on C+R lands. It was submitted by learned
senior counsel for the respondent that the High Court pronounced a detailed
and well-reasoned judgment which dealt with the entire subterfuge resorted F
" to in order to make such dummy allotments at the behest of the fo:mer Chief
Minister of Maharashtra and have been dealt with in great detail by the
Division Bench. He further submitted that the first respondent filed the writ
petition in the High Court since there had been violations of law as well as
of CIDCO's land allotment policy, inter alia, in making allotments to
cooperative societies and that the first respondent had learnt that these G
allotments had been made on the basis of the recommendations by the then
Chief Minister or other High functionaries acting at his behest and that all
rules and norms had been disregarded by CIDCO as a consequence of such
>
recommendations. Respondent No. I accordingly pleaded in para 4 and 14
of the writ petition that it appeared that these illegal allotments had been H
98 SUPREME COURT REPORTS [2007] 1 S.C.R.

A made at the behest of the Chief Minister or other Ministers of the Government ~ ,. __
of Maharashtra and in para 14 have specifically called upon CIDCO to
confirm or deny this fact.

15. According to the first respondent, it is apparent from the documents
produced before the High Court and the manner in which allotments were
B made by CIDCO that this was done only on the behest of the then Chief
Minister. Learned senior counsel for the first respondent further submitted
that the special leave petition was filed to seek expunction of certain adverse
comments made against the former Chief Minister of Maharashtra was filed
by the State of Maharashtra and not by Shri Sushi! Kumar Shinde. According
c to the learned counsel, it is not open to the State of Maharashtra to now
file a special leave petition to challenge the said findings or remarks and that
if at all anybody is aggrieved by the said finding or remarks, it would be the
former Chief Minister and he had chosen not to file any special leave
petition nor to question the same. Hence, the present special leave petition
is not maintainable. While winding up his argument, learned senior counsel
D for the first respondent made a prayer that he would now implead the then
Chief Minister of Maharashtra - Shri Sushi! Kumar Shinde as a party
respondent and that permission in that regard may be granted to him in view
of the importance of the public interest litigation.

E 16. We have given our anxious and careful consideration to the
submissions made by both the learned senior counsel. We have also
carefully perused the pleadings, documents, annexures and the rulings cited
at the time of hearing.

17. Various applications and representations on diverse subjects are
F
received by the Chief Ministers of the States as the Head of ~he State and
in respect of the l'y1inistries under their control. Often such applications are
directly addressed by members of the public to the Chief Minister. The
Chief Minister then endorses the same to the concerned department so that
the same may subsequently be followed up by the concerned department.
G When the Chief Minister is on tour in various parts of the State,
representations and applications are given to him by various people who
meet him. In the routine course, the Chief Minister endorses the same with
a noting "please put up" and forward the same to the concerned department.
Such notation merely means that the concerned department should process
H the applications and representations lawfully and in accordance with certain
STATE v. PUBLIC CONCERN FOR GOVERNANCE TRUST [LAKSHMANAN, J.] C})

prescribed procedure. While making such notations on the representations/ A
- .. "" applications so received, the Chief Minister does not analyse each and
every case since this is to be done at the level of the concerned department
which then scrutinizes the same in accordance with law. In our view, the
notation is not even treated as a determination of eligibility or the merit of
the concerned application. It is a routine notation made in the normal course
and is really an action of forwarding to the concerned department the B
representations/applications received by the Chief Minister. The concerned
department is then expected to examine the said representations/applications
and decide the same on its own merits and in accordance with law. As
rightly pointed out by learned Solicitor General as to how he treats the file
the nomenclature given to such matters are of matters of internal
administration of the concerned department/corporation.
c
18. It is pointed out to us that in the present case, the Chief Minister
was heading the Urban Development Department. CIDCO comes under the
administrative control of the said department. Since applications for allotment
of land were received by the Chief Minister, he merely made a notation that D
the applications be put up before the concerned authority. No notation
whatsoever was made that the applications be processed by any particular
date. The words please put up, in our opinion, only meant that the
applications should be processed and decided in accordance with law and
on its own merits. CIDCO which is a Corporation had detailed rules which
govern the allotment of land and are to be complied with by CIDCO before E
any allotment of land is made. The records placed before us indicates that
the applications put up to CIDCO were processed at various levels
including the marketing manager, assistant marketing officer, managing
director and upto the stage of board of directors.

19. In our view, the observations and strictures made by the High
F
Court and are extracted in paragraphs supra certainly reflects on the
functioning of the office of the Chief Minister and day-to-day discharge of
the duties of the Chief Minister. As rightly pointed out by learned Solicitor
General, after the endorsement 'please put up', is made the file may or may
not be approved by the concerned department and it is clear that the said G
notations are not approval of the contents of the representation and in our
view, no other meaning could be taken. The observations/strictures made
and the inference drawn by the High Court from the notation please put up
made by the Chief Minister are not warranted and are required to be
expunged as rightly contended by learned senior counsel for the State of
H
-~\
100 SUPREME.COURT REPORTS [2007] 1 S.C.R.

A Maharashtra. The High Court has, in our view, erred in holding that by .
making a notation please put up the applicants had blessings of the then >< • ~
Chief Minister. In our opinion, the civil appeal at the instance of the State
of Maharashtra is maintainable inasmuch as the observations and strictures
made by the High Court shall affect the working and functioning of the
office of the Chief Minister of the State of Maharashtra. The submission
B of learned senior counsel for the first respondent that the first respondent
had learnt that these averments had' been - made on the basis of· the
recommendations by the Chief Minister or other high functionaries acting
at his behest and that all the rules and norms had been disregarded by
CIDCO as a consequence of such recoinmenda:tions as absolutely no basis
c whatsoever. The grievances expressed against tlie then Chief Minister is
nothing but imaginary. Except making the endorsement 'please:put up' the
Chief Minister has not played any other role. The observations and strictures
passed by the High Court against the then Chief Minister behind his back
and without calling for an explanation from him is wholly illegal, incorrect
and unwarranted and that.the remarks made by the High Court against the
D
then Chief Minister was most uncharitable and not called for.

20. We have perused.the documents at page Nos. 139, 141, 143, 145,
147 and 149. At page 139, an application was made on behalf of Seaquan
Cooperative Housing Society, Bombay requesting for allotment ofresidential
E plot for housing society at Sector-4, Plot No.24-B, Nerul. The said application
was addressed to Shri Sushi! Kumar Shinde, the then Chief Minister of the
Maharashtra State. It was stated in the said application that CIDCO may allot
the plot for residential purposes as per prevailing rules and that the
applicants are ready to pay the necessary lease premium as per. the rules and
F regulations. Since the application was made.directly to the Chief Minister,
he made an endorsement please put up on the same. At page 141, another
application was made by Amey Cooperative Housing Society, Bombay
requesting for allotment ofresidential plot at Sector-4, Plot No. 24-A, Nerul
addressed to the then ChiefMinister. Similar endorsement 'please put up'
was made by the Chief Minister on this application. At page 143, a similar
G application was made by Sagarika Cooperative Housing Society requesting
for allotment of residential plot addressed to the Chief Minister who made
an endorsement saying 'please put up'. At page 145, Sealink Cooperative
Housing Society made an application requesting for allotment of residential
plot addressed to the Chief Minister who made an endorsement 'please put
H up'. An application was made at page 147 by Sea-view Cooperative Housing
STATE v. PUBLIC CONCERN FOR GOVERNANCE TRUST [LAKSHMANAN, J.) 101

Society addressed to the then Chief Minister who also made an endorsement A
saying 'please put up'. At page 149, an application made for allotment of
developed land for residential purpose was made by Vinayak Cooperative
Housing Society addressed to the then Chief Minister. The said application,
though addressed to the Chief Minister, no endorsement whatsoever was
made by the Chief Minister of Maharashtra on the said file. The said file at
no stage reached the office of the Chief Minister of Maharashtra. The role
B
of the Chief Minister ended on his endorsing 5 out of 6 files with the noting
'please put up'. Thereafter, the said 6 applications as per the records made
available at the time of hearing were processed by CIDCO and CIDCO made
allotment of lands to the said 6 Cooperative Housing Societies. These
allotments were challenged in PIL No.43 of 2005 on various grounds. The c
High Court, after calling for the file of CIDCO relating to the said 6 allotments
and perusing the same, by its judgments and order dated 23 .11.2005 set
aside the same. Challenging the said judgment Amey Cooperative Housing
Society Ltd. filed special leave petition No.336 of 2006 questioning the
correctness of the said judgment and the allotments made by CIDCO with
D
which we are not concerned in this Civil Appeal. Elaborate and lengthy
submissions were made in that case by the Senior Counsel appearing for the
; respective parties. The said special leave petition No. 336 of 2006 will
separately be dealt with on merits by a separate judgment.

21. We are of the opinion that the strictures/observations/remarks E
made by the High Court against the then Chief Minister Shri Sushi! Kumar
Shinde is not warranted in the facts and circumstances of this case as
according to us the High Court has erred in making observations as regards
notations made in files which observations are made on their own reading
and interpretation of the files without any further reference to the petitions F
or the then Chief Minister who was not even a party to the case and without
even calling for an explanation in that regard. The High Court has failed to
notice that the Chief Minister was heading the Urban Development Department
and CIDCO comes under the administrative control of the urban development
and since the applications for allotment of land were received by the Chief
Minister, who merely made a notation that the application be put up before G
the concerned authority. The High Court also erred in observing that the
application made by respondent No. 10 had been received by the Chief
Minister and bore his endorsement on 05.04.2005 to the effect please
process and pass by 12.04.2004. We have perused the said document. The
above endorsement is not written by the Chief Minister and in fact the said H
102 SUPREME COURT REPORTS [2007] 1 S.C.R.

A application did not even reach the office of the Chief Minister at any point
of time:

LAW ON THE SUBJECT:

22. We shall now analyze and consider the rulings of this Court cited
B by learned Solicitor General.

l.' Dr. Dilip Kumar Deka & Anr. v. State of Assam & Anr., [1996]
6 sec 234 (paras 6, 7 & 8)

c The above judgment relates to expunging adverse remarks. The above
was a case of adverse remarks recorded by the High Court against the
members of hospital allegedly for misleading the court and stalling process
of the court by submitting manipulated report regarding condition of a
person to justify his shifting from police remand to the hospital. The High
Court made adverse remarks without giving any opportunity to the members
D of extending or defending themselves, without any evidence showing that
their conduct justified such remarks and without any necessity of such
remarks for the purpose of deciding the matter. This Court held on facts
that adverse remarks were unwarranted and hence expunged. This Court
also cautioned superior courts to use temporate and moderate language and
)-
E also held that opportunity to be given to the affected party before recording
of adverse remarks by the Court. This Court also held thus:

"6. The tests to be applied while dealing with the question of
expunction of disparaging remarks against a person or authorities
whose conduct comes in for consideration before a Court of law in
F
cases to be decided by it were succinctly laid down by this Court
in State of UP. v. Mohd Nairn, AIR 1964 SC 703. Those tests are:

(a) Whether the party whose conduct is in question is before the
court or has an opportunity of explaining or defending himself;
G
(b) Whether there is evidence on record bearing on that conduct
justifying the remarks; and

( c) Whether it is necessary for the decision of the case, as an
H integral part thereof, to animadvert on that conduct.
STATE v. PUBLIC CONCERN FOR GOVERNANCE TRUST [LAKSHMANAN, J.] 103

The above tests have been quoted with approval and applied by A
this Court in its subsequent judgments in Jage Ram v. Hans Raj
Midha, [1972] 1 SCC 181, R.K. Lakshmanan v. A.K. Srinivasan,
[1975] 2 SCC 466 andNiranjan Patnaik v. Sashibhusan Kar, [1986]
2 SCC569.

7. We are surprised to find that in spite of the above catena of
B
' A decisions of this Court, the learned Judge did not, before making
the remarks, give any opportunity to the appellants, who were
admittedly not parties to the revision petition, to defend themselves.
It cannot be gainsaid that the nature of remarks the learned Judge
has made, has cast a serious aspersion on the ,appellants affecting c
their character and reputation and may, ultimately affect their career
also. Condemnation of the appellants without giving them an
opportunity of being heard was a complete negation of the
fundamental principle of natural justice.

8. Judged in the context of the first test laid down in Mohd Nairn 's
D
case (supra) the above discussion of ours is sufficient to quash the
I impugned remarks, but we find that the remarks are vulnerable also
to the second test laid down therein. On perusal of the order
dismissing the revision petition we find that the remarks of the
learned Judge are based solely upon the fact that the report of the E
medical Board consisting of four medical experts belied their report.
Indeed, except the report of the Board we have also not found any
other material on record from which the learned Judge could have
legitimately and justifiably obtained satisfaction to pass the above
remarks against the two appellants before us. We hasten to add F
that in making the above observation we have left out of our
consideration the materials which prompted the learned Judge to
make adverse comments against the IO."

- 2. Rajiv Ranjan Singh 'La/an' (VIII) & Anr. v. Union of India & Ors.,
[2006] 6 sec 613 at 645 (para 57) G

.. In the above case, Dr. AR. Lakshmanan, J. concurring with the opinion
expressed by Hon. K.G.Balakrishnan, J. has observed that public interest
>
litigation is meant for the benefit of the lost and the lonely and it is meant
for the benefit of those whose social backwardness is the reason for no H
104 SUPREME COURT REPORTS [2007] I S.C.R.

A access to the Court and that PILs are not meant to advance the political gain
and also to settle personal scores under the guise of PIL and to fight a legal
battle. In para 57, 'it has been observed as follows:-

"57. Certain allegations have been made against CBDT and the
Public Prosecutors, Members of the Income-tax Tribunal, etc. None
B of them were made parties before us. Therefore, the allegations
made against them are one-sided and cannot be looked into at all.
We cannot also say that all these authorities have acted in a ma/a
fide manner."

C 3. Dr. JN. Banavalikar v. Municipal Corporation of Delhi & Anr.,
[1995] Suppl. 4 sec 89.

This Court, in the above case, in para 21, observed thus:

"In the facts and circumstances of this appeal, it is not possible to
D hold that the impugned action in removing the appellant and
appointing Dr. Patnaik is unfair or unjust or irrational or arbitrary
or tainted with any ma/a fide intention. The contention of the -\

appellant that in order to accommodate a junior doctor as Medical
Superintendent in l.D. Hospital, Dr. Patnaik had been moved out
E from the said hospital to replace the appellant as Medical
Superintendent of RBTB Hospital, is not only vague but lacks in
particulars forming the foundation of such contention. Further, in
the absence of impleadment of the junior doctor who is alleged to
have been favoured by the course of action leading to removal of
the appellant and the person who had allegedly passed mala fide
F
order in order to favour such junior doctor, any ~ontention of ma/a y
fide action in fact i.e. 'malice in fact' should not be countenanced
by the court. This appeal therefore, fails and is dismissed without
any order as to costs."

G 4. S. Pratap Singh v. The State ofPunjab, [1964] 4 SCR 733 at 747, 748
&749.

This Court in para 2 held thus:
l
'
H "We shall first take up for consideration the several allegations that
STATE v. PUBLIC CONCERN FOR GOVERNANCE TRUST [LAKSHMANAN, J.] 105

have been made and see whether they had been satisfactorily made A
out. Before proceeding further it is necessary to state that allegations
of a personal character having been made against the Chief Minister,
there could only be two ways in which they could be repelled. First,
ifthe allegations were wholly irrelevant, and even if true, would not
afford a basis upon which the appellant would be entitled to any
relief, they need not have been answered and the appellant could
B
derive no benefit from the respondents not answering them. We
have already dealt with this matter and have made it clear that if
they were true and made out by acceptable evidence, they could
not be ignored as irrelevant; (2) If they were relevant, in the
absence of their intrinsic improbability the allegations could be c
countered by documentary or affidavit evidence which would show
their falsity. In the absence of such evidence they could be
disproved only by the party against whom the allegations were
made denying the same on oath. In the present case there were
serious allegations made against the Chief Minister and there were
D
several matters of which he alone could have personal knowledge
therefore which he could deny, but what was, however, placed
j before the Court in answer to the charges made against the Chief
Minister was an affidavit by the Secretary to Government in the
Medical Department who could only speak from official records and
obviously not from personal knowledge about the several matters E
which were alleged against the Chief Minister. In these circumstances
we do not think it would be proper to brush aside the allegations
made by the appellant, particularly in respect of those matters
where they are supported by some evidence of a documentary
nature seeing that there is no contradiction by those persons who F
y alone could have contradicted them. In making this observation we
have in mind the Chief Minister as well as Mrs. Kairon against
whom allegations have been made but who have not chosen to
state on oath the true facts according to them.

Before passing on to a consideration of the details of the several G
allegations there is one matter to which we ought to make reference

- }
at this stage and that is the admissibility and evidentiary value of
the tape-recorded talks which have been produced as part of his
supporting evidence by the appellant. The learned Judges of the
High Court without saying in so many terms that th~se were H
~
106 SUPREME COURT REPORTS [2007] 1 S.C.R.

A inadmissible in evidence, this being the contention raised by the
respondent-state, have practically put them out of consideration for "
the reason that tape-recordings were capable of being tampered
with. With respect we cannot agree. There are few documents and
possibly no piece of evidence which could not be tampered with,
but that would certainly not be a ground on which Courts could
B reject evidence as inadmissible or refuse to consider it. It' was not
contended before us the tape-recordings were inadmissible. In the
ultimate analysis the factor mentioned would have a bearing only
on the weight to be attached to the evidence and not on its
admissibility. Doubtless, if in any particular case therr is a well-
c grounded suspicion, not even say proof, that a tape-recording has
been tampered with, that would be a good ground for the court to
discount wholly its evidentiary value. But in the present case we
do not see any basis for any such suggestion. The tape-recordings
were referred to by the appellant in his writ petition as part of the
evidence on which he proposed to rely in support of his assertions
D
as regards the substance of what passed between him and the
Chief Minister and the members of the latter's family on the several
matters which were the subject of allegations in the petition." ,,

5. A.K.K.Nambiar v. Union of India & Ors., [1969] 3 SCC 864 at 867.
E This Court in paras 8 & 9 held thus:

"The appellant made allegations against the Chief Minister of
Andhra Pradesh and other persons some of whose names were
disclosed and some of whose names were not disclosed. Neither
F the Chief Minister nor any other person was made a party. The
appellant filed an affidavit in support of the petition. Neither the
petition nor the affidavit was verified. The. affidavits which were
filed in answer to the appellant's petition were also not verified.
The reason for verification of affidavits are to enable the Court to
find out which facts can be said to be proved on the affidavit
....
G evidence of rival parties. Allegations may be true to knowledge or
allegations may be true to information received from persons or
allegations may be based on records. The importance of verification
is to test the genuineness and authenticity of allegations and also
to make the deponent responsible for allegations. In essence
4.
-
H verification is required to enable the Court to find out as to whether
STATE v. PUBLIC CONCERN FOR GOVERNANCE TRUST [LAKSHMANAN, J.] 107

it will be safe to act on such affidavit evidence. In the present case, A
the affidavits of all the parties suffer from the mischief of lack of
proper verification with the result that the affidavits should not be
admissible in evidence.

The affidavit evidence assumes importance in the present case
because of allegations of ma/a fide acts on the part of the
B
respondents. The appellant alleged that the Union of India made
the order of suspension because of the pressure of the Chief
, Minister of the State of Andhra Pradesh. The appellant, however,
did not name any person of the Union of India who acted in that
manner and did not imp lead the Chief Minister as a party. In order c
to succeed on the proof of mala jides in relation to the order of
suspension, the appellant has to prove either that the order of
suspension was made ma/a fide or that the order was made for
collateral purposes. In the present case, the appellant neither
alleged nor established either of these features." D

23. In the instant case, allegations have been made against the then
Chief Minister, however, he was not made party before the Court. Therefore,
the allegations made against him are one-sided and do not merit any
consideration.
E
24. We are surprised to find that inspite of catena of decisions of this
Court, the High Court did not, give an opportunity to the affected party, the
then Chief Minister, before making remarks. It cannot be gainsaid that the
nature of remarks made in this judgment will cast a serious aspersion on the
Chief Minister affecting his reputation, career etc. Condemnation of the then F
Chief Minister without affording opportunity of being heard was a complete
negation of the basic principles of natural justice.

... 25. For the foregoing reasons, we have no hesitation in expunging the
remarks/observations/strictures made against the then Chief Minister of
Maharashtra - Shri Sushi! Kumar Shinde and allow the appeal filed by the G
State of Maharashtra who, in our opinion, is competent to maintain this
appeal and order expunction of the remarks and observations/strictures
made against the then Chief Minister. The appeal stands allowed only to
the above extent. We make it clear that we are not expressing any opinion
on merits of the rival claims made in the other special leave petition filed by H
108 SUPREME COURT REPORTS [2007] 1 S.C.R.

A the cooperative societies in special leave petition No. 336 of2006 which will
be dealt with separately.

26. In the result, the civil appeal arising out of special leave petition
No. 18965 of 2006 stands allowed. However, there will be no order as to
costs.
B
CIVIL APPEAL No. 15 of2007 (Arising out ofS.L.P. (Civil) No.2707 of
2006)

27. The above appeal was filed by Mr. Vinay Mohan Lal who is a
member of the IAS, 1970 batch working in the grade of Principal Secretary
c in the Maharashtra Government appointed as M.D. CIDCO and presently
serving as M.D. MAFCO. The High Court, while disposing off the writ
petition filed by way of PIL, had made certain observations against the
appellant. The appeal was argued by the appellant himself. He submitted
that he was neither a party to the said proceedings nor was directed to be
D made a party to the PIL. The observations made by the High Court against
him is quoted herein below for ready reference:

"We are also amazed as to how the then Managing Director, who
is an JAS officer, got persuaded that these are genuine Housing
Societies satisfying all the requirements and capable of bearing the
E financial burden. (para 38)

"It was a grand plan to take advantage of their poverty, lack of
understanding and ignorance, and it could not be executed unless,
the original chief promoters, the builders and the officers ofCIDCO
F at the higher level such as the Managing Director were party to it.
Would the Managing Directors and the officers of CIDCO have
entertained these applicants who are principally slum dwellers for
this prime plot known as "Marine Drive ofNavi Mumbai", if they

G
were to approach them without being led by these traders and
supported by a builder and without the blessings of the Cbief
Minister? It is either a case of involvement in the design or of
-
gross dereliction. of duty. In either case, it is unjustifiable ·and
highly objectionable and the consequences must follow (para 139).

"Now suddenly it appears that this device has been invented and
H ~·ith the participation of the officers of CIDCO right from the
STATE v. PUBLIC CONCERN FOR GOVERNANCE TRUST [LAKSHMANAN, J.] 109

Managing Director to who so ever are the persons below, all the A
conditions of allotment and scrutiny are given a go by and a prime
plot sought to be handed over to a builder on a platter. A good
scheme has been permitted to be misused with full connivance of
the officers of CIDCO. (para 140)

"What we find is that there is a complete dereliction of B
responsibilities on the part of the then Managing Director of
CIDCO and who so ever were incharge of this project. Merely
because the then CM had asked them to process early, they have
given a complete go-by to scrutiny.... In view of what is stated
above, we expect the authorities of the State Government and c
CIDCO to take appropriate actions against the persons concerned
so that this kind of deviation does not take place in future. (para
141)"

28. The party in person submitted that the said observation made by D
the High Court without hearing the appellant has now mis-interpreted by the
government counsel in their submission before the CAT in O.A. No. 528 of
)
2005 wherein the charge sheet issued to the appellant on 11th July has been
challenged due to which the government counsel pointed out to the tribunal
stating that the government was now under obligation to initiate action
against the appellant since the High Court has so directed. E
29. According to Mr. V. Mohan Lal the impugned judgment is not only
erroneous but is also passed on inferences and surmises which are not
sustainable. According to him, the petitioners before the High Court, present
respondent No. I I has mis-interpreted the facts and have misled the High
F
Court and that events which have happened after due allotment and which
could not have been anticipated at the time of allotment have been considered
to conclude that the allotment itself was improper. Therefore, the appellant
. filed the above appeal being aggrieved by the observations made by the
High Court in the impugned judgment with that limited scope. According to
the appellant, the High Court was not right in passing strictures against the G
appellant when the appellant was not a party to the said proceedings. He
further submitted that the High Court was not right to pass adverse
comments against the appellant which are likely to affect the career of the
appellant without giving an opportunity to the appellant of being heard. He
therefore, submitted that the order of the High Court is in utter violation of H
110 SUPREME COURT REPORTS [2007] l S.C.R

A principles of natural justice. According to him, the comments made against
the appellant were uncalled for in the facts and circumstances of the case
and that the said comments which were made without the appellant being
heard could at all have been referred to and relied on by the High Court in
some other proceedings.

B 30. We see much force and substance in the contentions put forward
by the party in person. In our opinion, the High Court was not right in
passing comments/observations/strictures against the appellant when the
appellant was not a party to the said proceedings nor was directed to be
made a party. The High Court was also not right in passing the comments
c against the appellant without giving an opportunity to the appellant of being
heard. The act of the High Court, in our opinion, is in gross violation of the
principles of natural justice.

31. The party in person cited a ruling of the this court being State of
Bihar v. Lal Krishna Advani & Others, [2003] 8 SCC 361 at page 367
D wherein it was observed that strictures cannot be passed against an
individual without making him a party and without giving an opportunity to
be heard since the right to reputation is an individual's fundamental right.
In our opinion, the observations made by the High Court in paras 38, 139,
140 & 141 of the impugned order are absolutely uncalled for as the appellant
E was not a party to the said PIL and they· are also based on complete
misunderstanding of the facts. The observations made by the High Court
as rightly pointed out by the party in person would have wide ramifications
and adverse impact on the career of the appellant.

32. We have already dealt with the cases and the rulings on the subject
F
in question in the earlier part of the judgment in the appeal filed by the State
. of Maharashtra which, in our opinion, squarely applies to the facts and
cirCUllJStances of the case filed by the party in person. We, therefore,
expunge the remarks/observations/strictures made against the appellant as
the same has been made behind his back. We also make it clear that we are
not expre!>sing any opinion on the merits of the special leave petition No.336
of 2006 filed by Amey Cooperative Society which will be dealt with
absolutely on merits of the rival claims by a separate judgment.

33. The party in person has also pointed out certain findings in the
H judgment of the High Court. We do not propose to go into the merits of the
):,

STATE v. PUBLIC CONCERN FOR GOVERNANCE TRUST [LAKSHMANAN, J.] Ill

other contentions which is the subject-matter of the special leave petition A
.,"'....,,
No.336 of 2006. In our opinion, when an authority takes a decision which
may have civil consequences and affects the rights of a person, the
principles of natural justice would at once come into play. Reputation of an
individual is an important part of ones life. It is observed in 1955 American
LR 171 DF Marion v. Minnie Davis and reads as follows:-
B
"The right to enjoyment of a private repUfation, unassailed by
malicious slander is of an ancient origin, and is necessary to human
society. A good reputation is an element of personal security, and
is protected by the Constitution equally with the right to the
enjoyment of life, liberty and property." c
34. This court also in Board a/Trustees of the Port of Bombay v. Dilip
Kumar Raghavendranath Natkarni, [1983] I SCC 124 has observed that
right to reputation is a facet of right to life of a citizen under Article 21 of
the Constitution.
D
35. It is thus amply clear that one is entitled to have and preserve ones
reputation and one also has a right to protect it. In case any authority in
discharge of its duties fastened upon it under the law, travels into the realm
of personal reputation adversely affecting him, it must provide a chance to
him to have his say in the matter. In such circumstances, right of an E
individual to have the safeguard of the principles of natural justice before
being adversely commented upon is statutorily recognized and violation of
the same will have to bear the scrutiny of judicial review.

36. For the aforesaid reasons, we hold that the observations/strictures
and remarks made by the High Court against the appellant behind his back F
'r
is totally uncalled for and not warranted. We, therefore, have no hesitation
to order expunction of the remarks made in para Nos. 38,139, 140 and 141
of the impugned judgment. The civil appeal is allowed only to the above
extent. We order no costs.

N.J. Civil Appeal No. 14/2007 allowed.
G
Civil Appeal No. partly 15/2007 allowed.

)
____.
\