Allahabad High Court
SANJAY KUMAR TRIPATHIversusSTATE OF U.P. AND 13 OTHERS
- Decided
- Bench
- VINOD DIWAKAR
Holding
An officer cannot adjudicate an appeal against his own order as it violates the principle of nemo judex in causa sua, necessitating transfer to another competent authority.
Summary
The petitioner filed a writ petition seeking transfer of Appeal No. 6 of 2026, originally before the Commissioner, Varanasi Division, because the officer who had passed the impugned order as District Magistrate had been posted as the Commissioner and was thus hearing the appeal. The petitioner argued that this situation violated the doctrine of nemo judex in causa sua and natural justice. The State, through its standing counsel, raised no objection to the transfer. The Court noted a similar decision by a coordinate bench (Writ‑C No. 11501 of 2026) and held that the apprehension of bias was well‑founded. Consequently, the Court allowed the petition and ordered that the appeal be transferred to the Commissioner, Prayagraj Division, with directions for prompt adjudication and transmission of records.
Issues considered
- Whether an officer who passed the original order can sit as the appellate authority hearing an appeal against his own decision.
- Whether the petition for transfer of the appeal is justified under the principles of natural justice and nemo judex in causa sua.
Subjects
- natural justice
- nemo judex in causa sua
- bias
- transfer of appeal
- writ petition
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 11637 of 2026
Sanjay Kumar Tripathi
.....Petitioner(s)
Versus
State Of U.P. And 13 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Rai, Tej Bahadur Rai,
Vijai Kumar Rai
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State, and perused the record.
2. The present petition has been filed seeking a direction to the competent
authority to transfer Appeal No. 6 of 2026 (Pritam Nath & Others v. State &
Others) from the Court of the Divisional Appellate Forum/Commissioner,
Varanasi Division, Varanasi, to any other competent Divisional
Commissioner of an adjoining Commissionerate.
3. Learned counsel for the petitioner submits that the petitioner, being
aggrieved by the order dated 02.02.2026 passed by the District Magistrate,
Varanasi preferred the aforesaid appeal before the Commissioner, Varanasi
Division, Varanasi. It is further submitted that the officer who passed the
impugned order in the capacity of District Magistrate has subsequently been
posted as the Commissioner, Varanasi Division, and is presently seized of
the appellate jurisdiction in the matter.
4. It is contended that the same officer, having passed the original order,
cannot sit in appeal over his own decision, as the same would be contrary to
the settled principles of natural justice, particularly the doctrine of nemo
judex in causa sua (no one shall be a judge in his own cause).
5. Learned Standing Counsel, on instructions, submits that the State has no
objection to the prayer made by the petitioner and that the appeal may
appropriately be transferred to another competent authority, such as the
Commissioner, Prayagraj Division.
WRIC No. 11637 of 2026
2
6. It is also brought to the notice of the Court that in similar circumstances, a
Co-ordinate Bench of this Court in Writ-C No. 11501 of 2026 has passed an
order directing transfer of the appeal to another Division to ensure fairness in
adjudication.
7. Having considered the submissions advanced by learned counsel for the
parties and upon perusal of the record, this Court finds that the apprehension
expressed by the petitioner is well-founded. Allowing the same officer to
decide the appeal against his own order would give rise to a reasonable
likelihood of bias and would be inconsistent with the principles of fair
adjudication.
8. Accordingly, in the interest of justice, the present petition is allowed with
the following directions: (i) Appeal No. 6 of 2026 (Pritam Nath & Others v.
State & Others) pending before the Commissioner, Varanasi Division,
Varanasi, shall stand transferred to the Court of the Commissioner, Prayagraj
Division, Prayagraj, (ii) The transferee authority shall decide the appeal
expeditiously, strictly in accordance with law, after affording due
opportunity of hearing to all concerned parties, (iii) The records of the
appeal shall be transmitted forthwith to the transferee authority to avoid
unnecessary delay.
April 20, 2026
Anil K. Sharma
(Vinod Diwakar,J.)
Digitally signed by :-
ANIL KUMAR SHARMA
High Court of Judicature at Allahabad
Checking your session…