Expungement of adverse judicial remarks granted after unconditional apology and undertaking to avoid ? similar errors

Adverse judicial remarks directing withdrawal of power to pass orders under the Bombay Police Act were held unduly harsh in the circumstances and likely to have a continuing adverse effect on the officer's career. The officer's unconditional apology and undertaking that the mistakes would not recur were taken into account, along with the fact that the remarks were linked to criticism of the exercise of externment and related powers. The impugned observations were ordered to be expunged, and the appeal was allowed.

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Issues: Whether the adverse observations directing withdrawal of the power to pass orders under the Bombay Police Act should be expunged from the High Court's order.

Analysis: The respondent officer tendered an unconditional apology and gave an undertaking that the mistakes would not recur. The observations were treated as unduly harsh in the circumstances and as having continuing adverse effect on the officer's career. The remarks were also connected with repeated criticism of the manner in which externment and related powers had been exercised under the Bombay Police Act.

Conclusion: The impugned remarks were ordered to be expunged, and the appeal was allowed.

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