Dr. Manju Varma vs State Of U.P. & Ors on 17 November, 2004
33. Mr. Khambata further submitted that as already held in Manju Verma vs.
State of U.P (supra), the power of the Chief Justice to transfer a case from one
territorial jurisdiction to another is distinct from his power to frame a roster to
determine the distribution of judicial work in the High Court. In that case, the
Chief Justice of the Allahabad High Court had express power under Clause 14 of
the United Provinces High Courts (Amalgamation) Order, 1948 to transfer
matters from cases in specified areas of U.P. to Allahabad (similar to the second
proviso to Regulation 4 (3) of the CLB Regulations 1991). Mr. Khambata
therefore submitted that the transfer of matters inter-jurisdictionally, apart from
the Principal bench, not being part of the power to frame the roster has to be
expressly conferred on the Chairman. In the absence of any express power, the
Chairman cannot claim such a power.