The Supreme Court’s five-member collegium has recalled its recommendation of the transfer of Justice Avneesh Jhingan, a judge of Punjab and Haryana High Court, to Gujarat High Court, stating that it has been pending with the government since August 11.

“By a resolution dated 3 August 2023, this Collegium proposed transfer of Mr Justice Avneesh Jhingan, Judge, High Court of Punjab and Haryana, to the High Court of Gujarat. The recommendation has been pending with the Government since 11 August 2023.

“On reconsideration and in supersession of the above recommendation, it is proposed to transfer Mr Justice Avneesh Jhingan, Judge, High Court of Punjab and Haryana, to the Rajasthan High Court,” an official resolution dated October 9 but put in the public domain on October 11 by the Supreme Court said.

The resolution was signed by Chief Justice of India D.Y. Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai and Surya Kant, who make up the collegium.

It did not specify any other reason for the recall of the recommendation other than the pendency of the file with the Centre.

The recall is surprising because several recommendations for transfers and appointments of judges are pending with the Union government since November 22. In fact, only after a bench of Justices Kaul and Sudhanshu Dhulia had last fortnight pulled up the Centre did the government clear over a dozen names.

The collegium had on April 19 this year recalled its recommendation to appoint then Orissa High Court Chief Justice Muralidhar as Chief Justice of Madras High Court, noting that its resolution had remained pending with the Centre since September last year.

“Dr Justice Muralidhar now demits office on August 7, 2023, leaving less than 4 months’ time,” it said. In view of the delay, the “resolution is recalled” to allow the appointment of a permanent Chief Justice in Madras High Court, the collegium said, naming Justice S.V. Gangapurwala for the post.

Justice Muralidhar, who demitted office on August 7 this year, had earlier been transferred from Delhi High Court to Punjab and Haryana High Court on February 27, 2020, a day after he rapped the Centre, which controls the Delhi police, over its inaction on the riots in the capital.

The collegium on Wednesday turned down the request of Justice M.V. Muralidaran to reconsider its decision to transfer him from Manipur High Court to Calcutta High Court. The judge wanted that he be retained in Manipur or sent to Madras High Court, his parent high court.

“On 9 October 2023, the Collegium proposed the transfer of Mr Justice M.V. Muralidaran, Judge, High Court of Manipur (PHC: Madras), to the High Court at Calcutta, for better administration of justice,” the collegium said.

“In terms of the Memorandum of Procedure, we have consulted one of the judges of the Supreme Court who, being conversant with the affairs of the High Court of Manipur, is in a position to offer views on the proposed transfer. We have also consulted the Chief Justice of the High Court at Calcutta. Mr Justice M.V. Muralidaran, by a communication dated 10 October 2023, requested to transfer him to his parent High Court and if that is not feasible, to permit him to continue to function in the High Court of Manipur, instead of transferring him to the High Court at Calcutta.

“We have considered the requests made by Mr Justice M.V. Muralidaran in his above communication. The Collegium does not find merit in the requests made by him. The Collegium, therefore, resolves to reiterate its recommendation dated 9 October 2023 to transfer Mr Justice M.V. Muralidaran to the High Court at Calcutta,” the collegium said.

A three-member collegium of Chief Justice Chandrachud and Justices Sanjay Kishan Kaul and Sanjiv Khanna brushed aside criticism of a judicial officer, M.B. Snehalata from Kerala, over granting bail in two matters, and decided to recommend her for elevation as a judge of Kerala High Court along with four other judicial officers.