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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.149 OF 2009 (@SPECIAL LEAVE PETITION (CRL.)NO.953 OF 2008)

MOHD.ESSAT ALI                                    Appellant(s)

                     VERSUS

VIMLA & ORS.                                      Respondent(s)

O R D E R

Delay condoned. Leave granted.

Heard both sides.

The appellant was working as a IInd  Addl.Sessions Judge, City Civil

Court at Chennai.  The High Court in the impugned order has stated that the

convict  had to undertake the imprisonment for a period more than what was

necessary because of the order of the IInd Addl.Sessiosn Judge.  On that

basis  certain adverse    remarks have been passed against  the appellant.

Learned counsel for the appellant points out that the period stated is not

strictly correct and so having regard to these facts we are of the view that

these  remarks are  not  warranted for  the just  disposal  of  the case.   The

adverse remarks   so   passed  against the appellant in para 19 of the

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impugned  order/judgment  are  expunged  and  the  direction  to  place  the

matter before the Chief Justice is also set aside.

The appeal is disposed of accordingly.

...............CJI. (K.G. BALAKRISHNAN)

.................J.     (P. SATHASIVAM)

NEW DELHI; 23RD JANUARY, 2009.