Judgment :- S. Sankarasubban, J. This C.R.P. is filed by the plaintiff in O.S.1232/98 on the file of the I Additional Munsiff s Court, Trivandrum. The plaintiff filed an application, I. A. 5545/98 for an interim relief. That was heard. Learned Munsiff heard both parties and case was posted for orders. But subsequently order was not pronounced. Thereupon it appears that this case was transferred to the Principal Munsiff s Court, Trivandrum. Because the plaintiff was not aware of the reason why it was transferred, this C.R.P. is filed. 2. When tills matter came up for hearing, I contacted the District Judge, Trivandrum and also the Munsiff. It is now understood that the learned Munsiff personally requested the District Judge to transfer this case orally, and on the basis of the oral submission the case was transferred. According to me, the action on the part of the Munsiff as well as the District Judge is not proper. It is one of the fundamental principles of our judicial system that what is done by the judicial Officers should be transparent. Sometime occasion many arise when a Preserving Officer may not be in a position to hear a case. If such a position arises, it is his duty to put in black and while and request the superior officer for transfer. The District Judge also did not act properly in the sense that he did not require the reasons to be put in writing except in stating that "for the reasons stated by the Munsiff I aim transferring it." Hence this transfer order cannot be legally sustained. But even then I called down the learned Munsiff. The learned Munsiff has given an explanation as to what made him to request the District Judge for transfer. It appears one of the lawyers approached him and told him that the order had leaked out. I do not think that can be a reason on the basis of which the Presiding Officer should transfer a case. It may be that one of the parties would have understood in what way the Presiding Officer thinks and it may be one of the ways to get rid of a Presiding Officer from delivering a judgment.
I do not think that can be a reason on the basis of which the Presiding Officer should transfer a case. It may be that one of the parties would have understood in what way the Presiding Officer thinks and it may be one of the ways to get rid of a Presiding Officer from delivering a judgment. In so long as the Presiding Officer is certain that what he has written in his own judgment uninfluenced by any external consideration, even if it was leaked out, it is his duty to deliver the judgment that was written. To verify whether the order was written as stated by the Munsiff the typed written order as well as the dictation book were brought here. It was verified through the registry. It was found that what the learned Munsiff said was correct that he had dictated the judgment on the particular days and the finding in the order tallies with what is written in the dictation book. Hence I have no doubt that the learned Munsiff had actually dictated his order. 3. Today when the matter came up for hearing, the entire facts were disclosed by the two Advocates. 4. After hearing both of them, I am satisfied that more as on exists for transfer. The learned Munsiff will deliver the order in I. A. 5545/1998 on 23.2.1999 at 11 a.m. in open court. The typed judgment, the dictation book and another file relating to the explanation from the Stenographer are put in a sealed cover. The sealed cover will be opened by the learned Munsiff only in open Court as 11 a.m. on that day. The registry will see that the seal is not tampered with and the matter is to be entrusted to the Munsiff. After the pronouncement of the order, the learned Munsiff will see, as far as possible, on the same day itself the carbon copy of the order is delivered to both parties, if they comply with usual requirements under law. In the light of the above, I set aside the transfer order. The learned Munsiff will continue the proceedings and his conduct should be above board and 1 am sure that if any petition is filed before the Munsiff, he will dispose it of expeditiously. Communicate a copy of this order to the Munsiff through Registrar. C.R.P. is disposed of as above.