- (1.) These matters are a sequel to the decision by a nine-Judge Bench in Supreme Court Advocates-on-Record Association v. Union of India, (1993)4 SCC 441 (AIR (994 SC 268) (hereinafter called the "Judges' Case-II"), and relate to the question of transfer of Judges of the High Courts under Art. 222 of the Constitution of India.
(2.) Civil Appeal No. 140 of 1994 by Special leave is against the judgment of the Andhra Pradesh High Court dismissing a writ petition filed by the appellant, K. Ashok Reddy. In substance, the relief claimed in the writ petition was a declaration that Judges of the High Court are not liable to be transferred from one to another High Court. It was contended that the transfers were likely to be influenced by extraneous considerations leading to arbitrariness resulting in erosion of the independence of judiciary. Another. contention was that the decision by the nine-Judge Bench in the Judges' Case-II (AIR 1944 SC 268) excludes the power of judicial review and is, therefore, in conflict with the decision of a larger Bench in His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala, 1973 (Supp) SCR I : (AIR 1973 SC 1461). The Andhra Pradesh High Court rejected these contentions taking the view. that such misapprehensions result from a misreading of the decision of the nine-Judge Bench in the Judges' Case-II. Civil Appeal No. 140 of 1994 has been filed by special leave against that judgment.
(3.) When the aforesaid civil appeal came up for hearing, it was reported that a writ petition raising similar questions had been filed in the Allahabad High Court and, therefore, it was considered 'appropriate to withdraw that writ petition from the Allahabad High Court and to hear and decide the same along with the said Civil appeal. Accordingly, that writ petition withdrawn from the Allahabad High Court is Transferred Case No. 1 of 1994 and is also decided along with the civil appeal. The reliefs claimed in Transferred Case No. 1 of 1994 relate essentially to Judges of the Allahabad High Court and their transfer.;