'Master of Roster' Concept Not Equivalent To 'Master Of All I Survey': Calcutta HC Judge Questions Acting Chief Justice On Assigning Of Cases

Justice Sabyasachi Bhattacharyya of the Calcutta High Court on Monday issued a strongly worded order objecting to the transfer of case from him to a Division Bench by the Acting Chief Justice Rajesh Bindal. Addressing a pertinent concern, Justice Bhattacharyya observed that despite issuing specific directions vide the earlier order dated July 16, to list the instant matter as a priority on the next working day i.e. "I was amazed when my officer, as per my instruction, next intimated me that the RG had been directed to call for the records, to be allocated before a Division Bench, despite my judicial order dated July 16, 2021, on the instruction of the Hon'ble the Acting Chief Justice of this court", Justice Bhattacharyya opined. Enumerating further on the action of the Acting Chief Justice and its purported violation of the Appellate Side Rules, Justice Bhattacharyya opined, "Although it has been clarified that the Chief Justice is the Master of the Roster and "more equal among equals", the excess equality pertains only to the Administrative Side of this court and cannot override the Appellate Side Rules, framed and modified by the Full Court comprised of all Judges of this Hon‟ble Court" The Court noted that it had neither issued a criminal contempt notice nor was an order passed in a civil revisional matter under Article 227 of the Constitution that would necessitate such a listing before the concerned Division Bench.