Judgment

MOHAN, J.- Leave granted.

2. The appellant is the Chief Minister of Haryana. The first respondent filed a writ petition CWP No. 1898 of 1992 challenging the assessment order passed by the Deputy Excise and Taxation Commissioner-cum -assessing authority, Hissar, Haryana confirming a demand for sales tax of Rs 2,04,13,895. Similar writ petitions have been filed against separate assessment orders by the first respondent for a total amount of payment aggregating to a liability of Rs 20 crores. In these writ petitions allegations of personal mala fide have been levelled against the appellant.

3. The writ petition came up for preliminary hearing on 7-2-1992 before a Division Bench consisting of S.S. Sodhi and K.C. Garg, JJ. The writ petition was admitted and ex parte ad interim stay was granted. After notice, when the matter came up for hearing before a Bench consisting of S.S. Sodhi and R.S. Mongia, JJ., it was directed to be listed for final hearing on 3-8-1992. The then Chief Justice Mr Rama Jois proceeded on leave on 1-8-1992. Thereupon, S.S. Sodhi, J. became the Acting Chief Justice.

4. On 3-8-1992, when the writ petition was listed before the Tax Bench comprising of A.P. Choudhary and N.K. Sodhi, JJ., S.S. Sodhi, J. directed the writ petition to be delisted from the Tax Bench before which it was listed and transferred the case presided over by S.S. Sodhi, J. himself. It appears this was the only case which was directed to be delisted from the Tax Bench and transferred to the Division Bench presided over by the then Acting Chief Justice.

5. On 21-8-1992, Chief Justice Mr Rama Jois returned from leave and resumed charge. On 24-8-1992 this Court in Special Leave Petition (Civil) No. 7700 of 1992 arising out of a connected Writ Petition (Civil) No. 3864 of 1992 directed the case be remanded to the High Court ordering expeditious disposal along with CWP No. 1898 of 1992. On 1-9-1992, Chief Justice Rama Jois resigned. Thereupon, again, S.S. Sodhi, J. became Acting Chief Justice. He continued in that capacity till 13-11-1992. When the writ petition was pending hearing, G.R. Majithia, J. sought an explanation from the Registrar (Judicial) as to why the case was transferred from the Tax Bench to the Bench presided over by the Acting Chief Justice. On 21-10-1992, S.S. Sodhi, J. delisted the writ petition from his Bench and retransferred it to the Tax Bench comprising of A.L. Bahri and Ashok Bhan, JJ. The case did not reach for hearing before this Bench. On 22-10-1992, G.R. Majithia, J. once again wrote to the Registrar (Judicial) seeking compliance with his earlier order dated 20-10-1992. This letter was forwarded by the Registrar (Judicial) to the Acting Chief Justice soliciting orders in respect thereof. It was directed that the note be placed in the file.

6. On 14-11-1992, Justice S.D. Agarwala was appointed as Chief Justice, As a result, S.S. Sodhi, J. became the seniormost puisne Judge.

7. On the reopening of the High Court after summer vacation, the writ petition along with other connected petitions were placed for hearing before the Tax Bench comprising of S.S. Sodhi and Ashok Bhan, JJ. A request was made for an early hearing of the writ petition on behalf of the first respondent. Accordingly a direction was issued that the writ petitions be placed for final hearing on 13-9-1993. The hearing went on on 13-9-1993. A preliminary objection was raised on behalf of the State about the maintainability of the writ petition since the alternate statutory remedies available to the first respondent had not been exhausted. The Division Bench did not consider that objection but directed the arguments be addressed on merits. The petitions were adjourned for further orders to 4-10-1993.

8. The records bear out. G.R. Majithia, J. addressed a letter to the learned Chief Justice on 13-9-1993 referring to his earlier communication on the subject and requested to know the circumstances under which the writ petition had been transferred to a Divisi