LAWS(GJH)-1976-11-2

SANKALCHAND HIMATLAL SHETH Vs. UNION OF INDIA

Decided On November 04, 1976
SANKALCHAND HIMATLAL SHETH Appellant
V/S
Union Of India And Anr Respondents

JUDGEMENT

(1.) The petitioner who was a Judge of this Court challenges in this petition the order of his transfer dated May 27, 1976 at Annexure "A". The short facts which have given rise to this petition are as under.

(2.) The petitioner was enrolled as an advocate of the Bombay High Court on January 28, 1946. He practised at Bombay since his enrolment until April 30, 1960 and on the formation of the Gujarat State, he shifted his legal practice to this High Court where he practised till April 22, 1969. On April 23, 1969 he was appointed a Judge of the Gujarat High Court for a period of two years and was appointed a permanent puisne Judge on August 5, 1970. The petitioner' would retire on completion of the age of 62 years on January 5, 1981 and so, a period of about four years and six months was left for him to retire from service.

(3.) The petitioner has been transferred by the impugned order to the Andhra Pradesh High Court without obtaining his consent, without consulting him and against his will. As fifteen other Judges were also transferred, the petitioner believed that they also were so transferred without their consent and without any prior consultation with them.