Darjeeling Gorkha Unemployed Primary Trained Teachers' Welfare Organisation (D. El. Ed. ) v. State of West Bengal
2019-04-24
T.B.RADHAKRISHNAN
body2019
DigiLaw.ai
JUDGMENT : T.B. Radhakrishnan, J. 1. This is a matter mentioned before the Chief Justice. 2. The petitioners seek to institute an; application for review of an order dated 03rd April, 2019. passed by the Hon'ble Justice. Saugata Bhattacharyya in WPA 7 of 2019 in the Circuit Bench of Calcutta High Court at Jalpaiguri. Since that Hon'ble Judge is currently sitting in the Principal Seat of the Calcutta High Court, the question posed is whether the application for review could be instituted in the Principal Bench of the Calcutta High Court or whether it has to be instituted in the Circuit Bench at Jalpaiguri and then transmitted for consideration to the Principal Court for consideration by the said Learned Judge. 3. The Calcutta High Court (Circuit Bench at Jalpaiguri) Rules, 2019, hereinafter called "the Rules", defines "Circuit Bench" to mean a Bench consisting of one or more Judges of the High Court at Calcutta, holding Court at Jalpaiguri. For the purpose of the Rules, "Circuit" means Judge(s) on movement to Jalpaiguri to preside over Courts of the Circuit-Bench. Rule. 3 of the Rules provide that Judges of the High Court at Calcutta shall be on Circuit Bench at Jalpaiguri as per nomination to be made by the Chief Justice in terms of that Rule The Principal Bench for the purpose of the Rules means a Bench of the High Court at Calcutta, at Kolkata. In terms of these provisions, Judges of the High Court at Calcutta would move to Jalpaiguri to preside over Courts of the Circuit Bench to hold Court at Jalpaiguri, in terms of nomination made by the Chief Justice. 4. In the light of the aforesaid Rules, the Judge who is on movement to Jalpaiguri to preside over Courts of the Circuit Bench at Jalpaiguri would be the Judge of the High Court at Calcutta while discharging duties of presiding over Courts of the Circuit Bench at Jalpaiguri.
4. In the light of the aforesaid Rules, the Judge who is on movement to Jalpaiguri to preside over Courts of the Circuit Bench at Jalpaiguri would be the Judge of the High Court at Calcutta while discharging duties of presiding over Courts of the Circuit Bench at Jalpaiguri. When that circuit movement of the Judge is over and the said Judge presides in the principal seat of the High Court at Calcutta, after holding Court of the Circuit Bench, it would be open to that Judge to entertain review petitions in the Principal Bench in the main seat of the High Court at Calcutta, at Kolkata since an application for review of an order has to be considered by the same Judge, unless that Judge is incapacitated from doing so or has ceased to hold office. 5. Ends of justice would be better sub-served if such applications for review of orders are permitted to be instituted and entertained in the principal bench itself. Therefore, the Registry is directed to follow the procedure as delineated hereinabove in this matter and also in similar matters which may come from time to time unless otherwise ordered. Let this matter be numbered and listed before the Hon'ble Justice Saugata Bhattacharyya.