Adverse judicial remarks need not be expunged when supported by record, hearing, and necessity to decide legality.

Adverse judicial remarks may be retained where the person concerned was given an opportunity to explain his conduct, the record contains material supporting the comments, and the remarks are necessary to decide the legality of the impugned action. The District Magistrate had been impleaded, was heard, and filed a detailed justification; the record also included material such as the police endorsement and his report, which supported the High Court's inference that the notice was not innocuous and was a preliminary step for possible prosecution. Because the remarks were integral to the finding on legality and arbitrariness, they were not liable to be expunged, and the refusal to expunge was sustained.

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Issues: Whether the adverse remarks made by the High Court against the District Magistrate in the order quashing the notice issued to the advocate were liable to be expunged.

Analysis: The test for expunction of disparaging remarks requires that the person concerned must have had an opportunity of explaining or defending his conduct, there must be evidence on record bearing on that conduct, and the remarks must be necessary for deciding the matter. Here, the District Magistrate was impleaded before the High Court, was called upon to explain his action, and filed a detailed report in justification. The record also contained material bearing on the legality and purpose of the notice, including the police endorsement and the Magistrate's own report, which supported the High Court's inference that the notice was not innocuous and was issued as a preliminary step for possible prosecution. The remarks were directly connected with the reasoning on the legality and arbitrariness of the impugned action and were not extraneous to the decision.

Conclusion: The adverse remarks were not liable to be expunged.

Final Conclusion: The appeal failed, and the High Court's refusal to expunge the remarks was sustained.

Ratio Decidendi: Adverse judicial remarks need not be expunged where the person concerned had an opportunity to answer, the record contains material supporting the comments, and the remarks are integral to the decision rendered.

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