SC Collegium rejects transfer of Madras High Court judge

NEW DELHI: The Supreme Court Collegium recently rejected a request made by Justice VM Velumani to retain her at the Madras High Court judge or any North-Eastern states.

The Collegium headed by Chief Justice DY Chandrachud rejected the request of Justice Velumani and refused to reconsider the original decision.

The Collegium in its resolution dated September 29, 2022, had proposed to transfer Justice Velumani to the Calcutta High Court for the better administration of justice. Justice Velumani who was appointed as a judge of the Madras High Court on December 20, 2013, sought reconsideration of the recommendation in her letter dated October 14, 2022.

Her request was not acceded to by the Collegium and it reiterated its recommendation for her transfer. Justice Velumani in a communication dated March 17, 2023, sought a transfer to a High Court of the North-Eastern States, preferably Manipur or Tripura, on the ground that she would then be able to retain her official accommodation at Chennai.

"The request made by Justice VM Velumani to retain her at the Madras High Court has been rejected by the Collegium on an earlier occasion. There is no valid reason to reconsider the earlier decision of the Collegium by which her transfer has been recommended to the Calcutta High Court or to accede to her fresh request. Her request for transfer to either Manipur or Tripura or any High Court in the North-Eastern States is rejected," stated the resolution passed by the Collegium.

In another resolution, the Collegium also comprising Justices Sanjay Kishan Kaul, KM Joseph, MR Shah and Ajay Rastogi, accepted the request of Justice Sanjeev Prakash Sharma for the transfer to the Punjab and Haryana High Court from Patna High Court, where he is currently posted.

Justice Sharma has sought repatriation to the Rajasthan High Court on the ground of his poor health and the unavailability of adequate medical facilities in Patna.

"He has informally requested that if his repatriation to the Rajasthan High Court is not possible, he would seek a transfer to the High Court of Punjab and Haryana in view of the nature of the medical facilities available at Chandigarh to facilitate treatment of his condition," the resolution stated.

It added that the Collegium resolves that it is not possible to repatriate Justice Sharma to his parent High Court. "Bearing in mind the health reasons which have led the judge to seek a transfer out of the High Court where he is posted at present, the Collegium resolves that Justice Sharma be transferred, to the High Court of Punjab and Haryana," the Collegium said. Justice Sharma was appointed as a judge of the Rajasthan High Court on November 16, 2016. He was transferred to the High Court of Judicature at Patna on January 1, 2022, for better administration of justice.

In another resolution, the Collegium accepted the request of Justice Atul Sreedharan to be transferred out of Madhya Pradesh on the ground that his elder daughter would enter practice next year and would be appearing before the District Court and the Indore bench of the High Court. The Collegium said that Justice Atul Sreedharan has stated that he does not desire to continue in the High Court of Madhya Pradesh when his daughter enters practice.

"The Collegium has resolved to accept the request of Justice Sreedharan and to recommend that he be transferred, in the interest of better administration of justice, to the High Court of Jammu & Kashmir and Ladakh," the resolution read. Justice Sreedharan was appointed as a judge of the High Court of Madhya Pradesh on April 7, 2016.