Allahabad High Court
SANTOSH KUMAR MISHRAversusSTATE OF U.P. AND 12 OTHERS
- Decided
- Bench
- VINOD DIWAKAR
Holding
The appeal must be transferred to another Divisional Commissioner to avoid bias and uphold natural justice.
Summary
The petitioner filed a writ petition seeking transfer of Appeal No. 5 of 2026, which was pending before the Commissioner, Varanasi Division, because the same officer who had passed the original order as District Magistrate had been posted as the Commissioner and was now hearing the appeal. The petitioner argued that this situation violated natural justice and could create a bias. The State had no objection to the transfer. The Court, noting a similar decision in Writ‑C No. 11501 of 2026, held that allowing the same officer to adjudicate the appeal would give rise to a reasonable likelihood of bias. Consequently, the Court ordered that the appeal be transferred to the Commissioner, Prayagraj Division, and directed the transferee to decide the matter expeditiously after hearing the parties.
Issues considered
- Whether the same officer who passed the original order can sit as the appellate authority over his own decision.
- Whether the appeal should be transferred to another competent Divisional Commissioner to ensure fairness.
Subjects
- natural justice
- bias
- transfer of appeal
- administrative law
- writ petition
- fair adjudication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 11644 of 2026
Santosh Kumar Mishra
.....Petitioner(s)
Versus
State Of U.P. And 12 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. 5 of 2026 (Virendra & others v. District
Level Caste Certificate Verification Committee Varanasi & Another) 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 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.
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. 11644 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. 5 of 2026 (Virendra & others v.
District Level Caste Certificate Verification Committee Varanasi &
Another) 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
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