SC collegium recommends transfer of 2 HC judges, turns down pleas

The five-judge collegium of the Supreme Court headed by Chief Justice of India DY Chandrachud on Wednesday reiterated its recommendation to transfer Delhi high court judge Rajnish Bhatnagar to the Rajasthan high court.

On August 10, the collegium also comprising justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant had proposed transfer of Justice Bhatnagar to the Rajasthan high court for better administration of justice.

Subsequently, Justice Bhatnagar made a representation to the top court collegium on Wednesday requesting his retention in Delhi.

The collegium said that in terms of the memorandum of procedure, it has consulted judges of the Supreme Court, who are conversant with the affairs of the Delhi high court and are in a position to offer views on the proposed transfer.

The members of collegium said that they have also consulted the chief justices of the high courts of Delhi and Rajasthan.

"We have considered the request made by Justice Rajnish Bhatnagar in his representation. The collegium does not find any merit in the request made by him," the collegium said in its resolution uploaded on the apex court's website.

It said, "The collegium, therefore, resolves to reiterate its recommendation dated August 10, 2023, to transfer Justice Rajnish Bhatnagar to the Rajasthan high court."

In another resolution uploaded on the apex court website, the collegium, in its meeting held on August 10, had also considered the representation of Patna high court judge Justice Sudhir Singh on his transfer to the Punjab and Haryana high court.

On August 3, the collegium had proposed the transfer of Justice Singh to the Punjab and Haryana high court for better administration of justice.

Subsequently, on August 8, Justice Singh had made a representation to the top court's collegium requesting that before taking a final decision regarding his transfer, the facts submitted by him in his letter may be considered.

Justice Singh, had however told the top court's collegium that any decision on the matter of transfer shall be binding on him.

"The collegium after taking note of the submissions made by him in the said representation resolved to defer the proposal for his transfer for the time being. In terms of the Memorandum of Procedure, we consulted the Judges of the Supreme Court who, being conversant with the affairs of the High Court of Judicature at Patna, are in a position to offer views on the proposed transfer. We also consulted the Chief Justices of the High Court of Judicature at Patna and high court of Punjab and Haryana", the resolution said.

It said that the collegium resolves to reiterate its recommendation dated August 3, 2023, to transfer him to the Punjab and Haryana high court.