Excelsior Correspondent
Srinagar, Dec 22: High Court today quashed the corrupt and inefficient remarks made by a trial Magistrate against Government officials.
The aggrieved officials of Food Safety Department challenged judgment passed by Judicial Magistrate 1st Class (Sub Judge), Pattan, in a complaint filed under Food Safety and Standards Act, 2006.
The Magistrate had passed the remarks in which he described them as corrupt and in-efficient. He also directed for a departmental enquiry against them and imposed costs of one lakh rupees against these officers.
The petitioners are the officers of the Food Safety and Standards Department and in launching prosecution against them, in exercise of their powers under the provisions of the Act of 2006, initiated and undertook action in the matter.
Accordingly, the complainant department was directed to lead evidence in support of the allegations made in the complaint. After recording statements of a couple of witnesses of the complainant, the trial Magistrate closed the evidence of the complainant whereafter even the defence evidence also came to be closed.
Ultimately, the trial Magistrate held that the complaint has been filed beyond the prescribed period of limitation and, as such, the same is not maintainable.
Accordingly, the complaint of the complainant was dismissed and the accused/respondents were acquitted. While passing the judgment/order of dismissal of the complaint, certain disparaging remarks came to be passed by the Magistrate against the petitioner-officers.
In this regard the Magistrate observed that Commissioner, Food Safety, should take review regarding services of the petitioner-officers. The Magistrate has even branded the aggrieved officers as corrupt and inefficient.
Justice Sanjay Dhar expunged the observation made by the trial court and also set aside the imposition of costs on the officials by the trial court.
The adverse remarks and observations court added, can be made by the courts only where it is absolutely necessary for disposal of a case and when there is material on record to suggest complicity of the officers.
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