- (1.) The Hon'ble The Chief Justice while notifying the roster (allocation of work to The Hon'ble Judges) vide orders dated 16 December 2013 and dated 23 December 2014 directed as follows : ORDER No pending, case, civil or criminal, shall be treated as part-heard or tied up in a Court after the commencement of a new roster. All pending cases shall be listed before the appropriate Bench dealing with such matters in accordance with the fresh roster, unless so ordered by the Chief Justice in a specific case hereafter. 16.12.2013 ORDER The administrative order dated 16th December, 2013 regard part heard and tied up cases will continue in operation." 23.12.2014
(2.) A Full Bench of the High Court of Judicature at Allahabad ( A bench of three Hon'ble Judges) in the case of Smt. Chawali vs. State of U.P. and others [Writ Petition (Misc. Bench) No. 9470 of 2014] decided on 16 January 2015 by majority judgment, while dealing with the said orders, in paragraph 79 and 80 held as follows : "79. In view of above, part-heard and tied up cases should be listed before the same Bench for disposal. Listing of part-heard and tied-up cases to other Bench is an exception. Accordingly, in case Hon'ble The Chief Justice is of the opinion that a particular cases is to be listed before other Bench for fresh hearing, then necessarily, it implies that part-heard and tied-up matter to other Bench is an exception which requires separate order. Hence by general (sweeping) order or circular while changing the roaster, it is not permissible to release all part-heard cases by the Chief Justice, without applying mind to individual cases. WITHDRAWAL OF CASES 80. Withdrawal of a case may be for variety of reasons which may be administrative or otherwise on complaint against the Judge concerned or for some other reasons. After withdrawing a petition/case, Chief Justice may refer to other Bench or nominate a particular Bench. Nomination of a petition/case to other Judge/Bench also depends upon a variety of factors keeping in view the ability, competency or knowledge of a particular Judge. Once a case is nominated to a particular Judge, then it does not appear that it may be denominated or go to other regular Bench with the change of roster. Nominated case may be withdrawn or be listed to other Bench or regular Bench only in case Chief Justice passes some order withdrawing the same followed by nomination to other Bench competent to adjudicate the controversy in accordance with rules of the Court. In absence of fresh nomination, if shall not be open for the registry to withdraw and send it to other Bench with the change of roster. Exercise of power with regard to allocation of work at regular interval for the purpose of change of roster stands on different footing than the power exercised by Chief Justice to withdraw a particular case from a particular Bench or nomination to other Bench."
(3.) It is because of the said directions of the Full Bench that Criminal Appeal No. 4922 of 2006 was listed before a Division Bench for hearing on 03 February 2015 although as per the changed roster enforced from 05 January 2015 by the The Chief Justice, the Division Bench was not assigned the jurisdiction to hear the criminal appeals.;