Judicial officer can pronounce a judgment in reserved matters, before relinquishing charge of Court on account of transfer or posting

High Court has both judicial as well as administrative power to regulate administration of justice. By virtue of powers conferred by Arts. 227 and 235 of the Constitution and Section 483 of CrPC, High Court can issue administrative orders to subordinate judiciary. Rule 3 of Part B of Chapter 26 of Delhi High Court Rules empowers the High Court to transfer cases on administrative grounds.

When transfer order has been issued by a High Court, Trial Judge can still pronounce judgments in respect of reserved matters within period of 2-3 weeks after transfer took effect, in terms of Note appended to transfer order. Note in terms of which judgment passed by him before relinquishing the charge of the Court, is legal and valid.

Notwithstanding validity of note, judgment passed by him is also protected by Ss. 462 and 465 CrPC and de facto doctrine. There is no failure of justice or illegality.

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