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JASPREET SINGH
Ramesh Chandra – Appellant
Versus
Board of Revenue, Lucknow – Respondent
| Table of Content |
|---|
| 1. court hears parties in transfer application. (Para 1 , 2 , 3) |
| 2. arguments concerning transfer application and alleged apprehension. (Para 4 , 5) |
| 3. judicial caution in transfer due to allegations. (Para 6 , 7 , 8 , 10) |
| 4. order quashed; writ petition allowed. (Para 11) |
ORDER :
1. Heard learned counsel for the petitioner, the learned Additional Chief Standing Counsel for the State-respondents as well as Ms. Manjusha Kapil, learned counsel for the respondent No. 2.
2. With the consent of the parties, this matter has been heard finally.
3. Under challenge is the order passed by the Board of Revenue on a transfer application moved by the private respondent No. 2 which has been allowed by means of order dated 07.09.2020.
4. The submission of learned counsel for the petitioner is that the application for transfer which was moved by the private respondent No. 2 primarily raised the deficiencies in the order which was under review before the Presiding Officer. The merit of the order whether right or wrong and once a remedy of review has been adopted then on that ground an application for transfer seeking the matter to be placed before some other court is not desirable. Moreover
Allegations of bias against a Presiding Officer must be substantiated with specific evidence; mere suspicion is insufficient to justify a transfer of case.
Allegations of bias require substantial evidence to justify the transfer of civil suits; mere apprehension of bias is insufficient, maintaining the integrity of judicial officers is paramount.
Litigants should seek remedies through appellate procedures rather than maligning judges with baseless allegations.
The main legal point established in the judgment is the need to balance the motive and underlying object of seeking transfer, the lack of substantial evidence supporting allegations of bias and preju....
The court established that a mere allegation of bias or apprehension of injustice is insufficient for transferring a case; there must be reasonable and substantiated grounds for such a request.
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