A Judge cannot be part of a Bench hearing an Appeal on the Judgement authored by him.
Tripura High Court Chief Justice T Vaiphei has written to the Chief Justice of India J S Khehar seeking resolution of a peculiar constitutional crisis which has been faced by the HC, which is currently operating with three judges against the sanctioned strength of four judges.
Tripura HC Chief Justice in his letter stated that Intra-Court Appeals against Single Judge’s order before two-judge or Division Bench was piling up and that he was finding it difficult to constitute the required Bench.
He requested the CJI to transfer these pending appeals to another High Court in region to facilitate early justice to the litigants.
Tripura HC has three judges, Chief Justice Vaiphei ,Justices S C Das and S Talapatra.