H S RAINAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal has arisen out of an order of Hon'ble the Chief Justice dated 11-2-1994, whereby Writ Petition No. 947 of 1991 title H. S. Rainal v. National Insurance Company has been transferred from Srinagar Wing to Jammu Wing of this Court, along with allconnected CMPS. and contempt petitions arising therefrom.

(2.) A challenge has been made to the passing of such order on the pound that the impugned order being a judicial order has been passed by Hon'ble the Chief Justice under the Adminisrative powers vested in him as Chief Justice of the High Court. The said order being a judicial order could not be passed in exercise of the administrative powers vested in him and his Lordships failed to appreciate and consider the arguments raised by the counsel for the appellant. The learned single Judge failed also to appreciate that power to transfer cases from one Wing to another wing had not been conferred under the J and K High Court Rules and that his Lordship also failed to appreciate that the respondents were bound to prefer an appeal before the Srinagar Wing, as the writ petition was pending in that Wing of the Court.

(3.) The facts of the case giving rise to filing of this L.P.A. in short compass, relate that the appellant preferred SWP No. 947 of 1991 in the Srinagar Wing of the High Court, while he was posted in Jammu, as Divisional Manager in National Insurance Company Ltd. Division II, Canal Road, Jammu. This writ petition was admitted to hearing by the learned single Judge at Srinagar and an application for transfer of the case as moved at Jammu Wing before the Lord Chief Justice. The transfer of the writ petition was sought on the ground that on account of the militant situation prevailing at Srinagar it was not possible for the respondents to contest the petition there. The plea taken with regard to the appellant was that so far at his convenience was concerned, the cause of action had accrued to him at Jammu and as he was posted at Jammu, therefore, it was all the more easy for him as well to contest the petition at Jammu. The Hon'ble Chief Justice in his wisdom after hearing the appellant and the respondents transferred the writ petition, along with its connected CMPs and contempt petitions, to Jammu Wing, holding that Rule 8 of the Jammu and Kashmir High Court Rules confers power upon the Chief Justice to constitute benches and the power So conferred under Rule 8 is wide enough to cover the power to transfer a case from one Wing to another.