My opponent in a dispute is also now acting as judge in another dispute of mine with one another party!
How should I draft my transfer Petition?
I have only apprehension that Mr. X (who is judge in SUIT B, and also is respondent in another pending inquiry INQUIRY A which is initiated bcos of my complaint!!!) would sabotage my prospects in SUIT B
There is lot at stake in SUIT B
Mr. X may even pressurise me to abandon INQUIRY A which is looming on his head and certainly going to cause damage to his service record.
There is a judicial inquiry on-going/pending against MR. X (I instituted it against Mr. X) named as INQUIRY A
wherein I am the complainant/& witness and Mr. X is respondent is Facing the inquiry
It is a complaint and administrative inquiry and disciplinary and also economic offence etc is subject matter.
Now the same person Mr. X got transferred into judicial service again recently, being public servant (please don't ask more details for now. please).
And co-incidently Mr.X is appointed as addl. district & sessions judge in the court where there is another suit named as SUIT B between Mr. Y and me
(Mr. Y has instituted it against me and I am fighting it since ages)
Isn't it a sufficient condition to disqualify the Mr. X from hearing SUIT B?
My opponent and the one who is facing the inquiry (and is under risk of losing job OR AT THE LEAST adverse remarks on service report) is going to hear SUIT B
I have apprehension that Mr. X would become vindictive, aggressive and as a judge he may misuse discretion and it would result in a great loss if I lose SUIT B
Does this scenario project 'a reasonable apprehension of bias by Mr. X against me'?
Are there any merits to my case so as to ask for transfer of my SUIT B from his jurisdiction to another Court?
Please advise do's and don'ts while drafting my transfer Petition.
I fear that Mr. X would use SUIT B as a arm twisting tactic against me to back out from INQUIRY A against him. like a counter blast /like another front to divert my attention.
Was it a judicial misconduct on the part of Mr. X not to report above, and also refuse to eject/recuse from SUIT B even after I told him clearly during proceedings!!!
Please give your suggestions.
