DR. MANJU VARMA versus STATE OF U.P. AND ORS.

DR. MANJU VARMA versus STATE OF U.P. AND ORS.

The order of transfer by the Chief Justice was at least quasi-judicial, affecting rights of parties and their choice of forum. The transfer power under Paragraph 14 can only be exercised for hearing the matter at Allahabad, not when it has already been heard at Lucknow. The impugned transfer order was based on incorrect factual and legal assumptions, and is liable to be set aside.

Parties
Appellant: Dr. Manju Varma; Respondents: State of U.P. and Others; Respondent No. 6: Dr. Gauri Ganguli
Jurisdiction
India
Judgment Date
17 November 2004
Procedural Posture
Civil Appeal / Appeal Against Order of Chief Justice, Allahabad High Court Transferring Writ Petition
Outcome
appeal allowed, transfer order set aside
Legal Topics
Article 136 Appeal, High Court Jurisdiction, Writ Petition Transfer
Constitutional Law Administrative Law Civil Procedure Article 136 Appeal High Court Jurisdiction Writ Petition Transfer

Case Brief

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Parties

Dr. Manju Varma

Appellant

State of U.P. and Others

Respondents

Dr. Gauri Ganguli

Respondent No. 6

Procedural Posture

Civil Appeal / Appeal Against Order of Chief Justice, Allahabad High Court Transferring Writ Petition

Legal Issues

  1. 1 Whether appeal against the Chief Justice's transfer order is maintainable under Article 136 of the Constitution
  2. 2 Whether the Chief Justice acted judicially or administratively in ordering the transfer
  3. 3 Whether the transfer was correctly ordered under Paragraph 14 of the United Provinces High Courts (Amalgamation) Order, 1948

Ratio Decidendi

The order of transfer by the Chief Justice was at least quasi-judicial, affecting rights of parties and their choice of forum. The transfer power under Paragraph 14 can only be exercised for hearing the matter at Allahabad, not when it has already been heard at Lucknow. The impugned transfer order was based on incorrect factual and legal assumptions, and is liable to be set aside.

Court Disposition

appeal allowed, transfer order set aside

Orders

  • The order of the Chief Justice directing transfer of the appellant's writ petition is set aside.
  • The matter is left to the Lucknow Bench which heard the matter to proceed as it may think fit.