Allahabad High Court Orders Removal of Derogatory Remarks Against Shamli Consumer Forum Chairman, Emphasizes Judicial Restraint

Rajesh Pandey

The Allahabad High Court has directed the expunction of adverse remarks made by the State Consumer Redressal Commission against Hemant Kumar Gupta.

Chairman of the District Consumer Disputes Redressal Commission, Shamli.

The court strongly underlined that no derogatory or disparaging comments should be made against individuals or authorities whose conduct comes under judicial consideration, unless such observations are essential for deciding the matter.

In its order, the bench referred to the renowned words of Justice Felix Frankfurter, who once observed, “Judges are indeed flesh and blood mortals with individual personalities and with normal human traits.

Still, what remains essential in judging…” — reminding that judicial decorum and restraint are fundamental aspects of the justice delivery system.

The case arose after the petitioner, Hemant Kumar Gupta, challenged an order dated May 9, 2025, passed by the State Consumer Redressal Commission, Lucknow, which not only allowed an appeal against his earlier decision but also included adverse remarks about his conduct.

Gupta, who has been serving as the chairman of the district forum since September 2020, contended that these comments were unwarranted and damaging to his professional reputation.

Justice Prakash Padia, while allowing Gupta’s writ petition, noted that the State Commission had made observations without granting him an opportunity to be heard, and such remarks were likely to adversely affect his career.

The court observed: It is clear that observations were made against the petitioner in both the aforesaid appeals without giving him an opportunity.

It is also clear that the aforesaid orders would undoubtedly affect the career of the petitioner.”

Emphasizing the need for judicial propriety, the court further remarked: I In this view of the matter, I hold that adverse remarks made against the petitioner were neither justified nor called for.”

Accordingly, in the interest of justice and fairness, the High Court, through its judgment dated August 13, ordered that the offending remarks against the petitioner in Appeal No. 1040 of 2023 (decided on May 9, 2025) and Appeal No. 318 of 2024 (decided on April 29, 2025) be expunged from the record.

The ruling reiterates the High Court’s firm stance that judicial criticism must be exercised with restraint and responsibility, and that personal or unwarranted comments have no place in judicial pronouncements.

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