Expunction of remarks

Matter which is still pending with the competent departmental authority should not be commented upon- remarks expunged. M. Ilyas Suleri v. M. Naseem Khan & others 1994 SCR 90 (C)
There was no material on basis of which these remarks could be recorded- Since the order of the learned Judge is being vacated a formal order for expunction of remarks is not necessary. Muhammad Mushtaq v. Muhammad Faiz Abbasi & others 1994 SCR 95 (J)
Eligibility for appointment as Judge of the High Court — appellant already crossed age of superannuation — some facts given by the High Court — irrelevant and of academic nature — observations of the High Court cannot be treated as disqualification — remarks expunged — So far as the objection regarding observation of the High Court relating to the appellant’s eligibility as Judge High Court is concerned, although the High Court has brought on record some facts but it has not given any conclusive opinion. In our opinion, in view of the nature of the case, this proposition is irrelevant and mere of an academic nature. It has no practical aspects as the appellant has already crossed the age of superannuation for appointment as Judge High Court. However, the observation of the High Court in the impugned Judgment cannot be treated her disqualification and to this extent, the remarks of the High Court shall be deemed expunged. Nargas Aftab Raja v. Accountant General & 5 others 2016 SCR 1480 (F)
—Argument: adverse remarks passed by the High Court–same may be removed—the High Court only discussed the factual aspects of the case in light of the previous litigation between the respondent and her ex-husband, the petitioner, and no adverse remarks have been passed in the impugned judgment. In my considered opinion, merely for expunction of such like observation the grant of leave is not necessary, rather leave can be granted when any legal or substantial question of law of public importance is involved in the case. Mohsin Shezad v. Director Excise & Taxation 2019 SCR 589 (D)