Main Head: 1 Judicial Officers.
Sub Head: - Meeting with the Hon'ble Judges of the High Court.
Copy of letter No. 644/RHC, dated 8.5.1974, addressed to all the District and Sessions
Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Visits of Judicial Officers at the house of Hon'ble Judges.
It has been found that some Subordinate Judges and Members of the Superior
Judicial Service have been visiting houses of Hon'ble Judges in connection with their
promotions and transfers. Hon'ble the Chief Justice and Judges have taken exception to
this practice and have desired to convey that if any officer indulges in the same in
future, a serious notice of the matter shall be taken and disciplinary proceedings will be
initiated against the officers/s concerned. However, if any officer has to make a
representation regarding an official matter, he should seen an appointment with Hon'ble
the Chief Justice and see his Lordship. An officer who is desirous of making a courtesy
call to an Hon'ble Judge, should first obtain the permission from the judge who he wants
to visit. These instructions may be brought to the notice of all the Judicial Officers
working under your control.
(Supplemented by vide this Court's letter No. 583/RHC, dated 11.6.1979, addressed to all the District and Sessions Judges in the
State of Punjab, Haryana and Chandigarh).
…………
Subject:
Visits of Judicial Officers to Hon'ble Judges and the High Court.
The Hon'ble chief Justice and Judges have been pleased to direct that before
leaving their stations of posting for visiting any Hon'ble Judge or the High court all
Judicial Officers should inform their District and Sessions Judges accordingly.
(To be read in continuation of this Court’s letter No. 644/RHC dated May 8, 1974).
............
(Supplemented vide this Court's letter No 324/Gaz.I/VI.M. 46 dated 15.4.1980 addressed to all the District and Sessions Judges in
the State of Punjab, Haryana and Chandigarh).
Copy of letter No. 324 /Gaz.I/VI.M.46 dated 15.4.1980, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Annual General Transfers of Judicial Officers.
Reference to this Court's letter No. 644/RHC, dated 8.5.1974, the Hon'ble Chief
Justice and Judges have been pleased to direct that no judicial officer shall see any
Hon'ble Judge in connection with his transfer and that any transgression of these
instructions shall be taken into account at the time of recording annual confidential
remarks on the work and conduct of the officer concerned.
The above directions may be brought to the notice of all Judicial Officers posted in your
Sessions Division.
(to be read in continuation of this Court's letter No 644 dated 08.05.1974)
Copy of letter No. 324/Gaz.I/VI.M.46, dated 15.4.1980, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Annual General Transfers of Judicial Officers.
Further to the letter of May 8, 1978, the Hon'ble Chief Justice and Judges have been
pleased to direct that no judicial officer shall seen any Hon'ble Judge in connection with his
transfer and that nay transgression of these instructions shall be taken into account at the time
of recording annual confidential remarks on the work and conduct of the officer concerned.
The above directions may be brought to the notice of all Judicial Officers posted in your
Sessions Division.
Sub Head: - Transfer
Copy of letter No. 317 /Gaz.I/VI.M.3 dated 12.3.1984, addressed to all the District and Sessions
Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Annual General Transfers of Judicial Officers.
Directions against meeting Hon'ble Judges in connection therewith.
Reiterating the contents of the letter of May 8, 1974, the Hon'ble Chief and Judges have
again been pleased to direct that no Judicial officers shall see any Hon'ble Judge in connection
with his transfer and that nay transgression of these instructions shall be taken into account at
the time of recording annual confidential remarks on the work and conduct of the officer
concerned.
The above directions may be brought to the notice of all the Judicial Officers posted in
your Sessions Division.
Copy of letter No. 766/RHC, dated 11.12.1989, addressed to all the District and Sessions
Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Imposition of restrictions in respect of meeting of Judicial Officers with the
Hon'ble Chief Justice and Hon'ble Judges.
Hon'ble the Chief Justice and Judges have been pleased to order that no Judicial Officer
should meet their Lordships for any purpose whatsoever without getting prior appointment from
their Lordships indicating the purpose for such meeting.
I am, therefore, to request you to bring the above instructions to the notice of all
concerned and to ensure that same are observed meticulously.
The breach of these instructions will be viewed seriously.
Copy of letter No. 11037/Gaz.II/IX.C.18 (2) dated 2.5.1990, addressed to all the District
and Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Guidelines for Judicial Officers regarding private meetings and social
gatherings.
There appears to be a practice/tendency on the part of the Judicial Officers to
address the Hon'ble Judges as “my Lord” or “your Lordship” in private meetings and
social gatherings.
The aforesaid matter was considered by the Hon'ble Judges and it was the
unanimous view that this practice should be abandoned by the Judicial Officers.
I am, therefore, to request you that the contents of the aforesaid observations of
Their Lordships may be brought to the notice of the Judicial Officers for their
information.
...........
Sub Head: - Greeting Cards to Hon'ble Judges.
Copy of letter No. 765/RHC dated 11.12.1989, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Instructions with regard to the greeting cards etc.
Hon'ble the Chief Justice and Judges have been pleased to direct that, in future,
no Judicial Officer should send New year/Christmas day/ Festival Greeting Cards to
their Lordships as their good wishes are always presumed to be with their Lordships.
I am, therefore, to request you to bring the above instructions to the notice of all
concerned and to ensure that same are observed meticulously.
.........
Sub Head: - Punctuality must be observed.
Copy of letter No. 16413-Gaz/IX/C.II dated 4.8.1957, addressed to all the District and
Sessions Judges in the State of Punjab and Delhi.
It has come to the notice of the Hon'ble the Chief Justice and Judges that some
Judicial Officers, who have to work at certain places outside their headquarters for a few
days each months, perform their journeys on working days and during court hours,
thereby wasting a full day for outward journey and another full day for onward journey
and thus reducing the number of their working days. I am to request that this practice be
discontinued forthwith and that journeys be performed by all Judicial Officers either on
Sundays and other holidays or before and after court hours so that the number of
working days is not reduced.
........
Copy of D.O letter No. 24361/Genl/VI.Z.28 dated 9.12.66, addressed to all the District
and Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Instructions regarding punctuality in attendance of Judicial Officers in
Courts.
Hon'ble Judges have observed that the Judicial Officers, who are found to be late
in attending their Courts, as a result of surprise visits paid by you and your Chief
Judicial Magistrate to their Courts, try to justify their late coming by offering lame
excuses. The Hon'ble Judges have decided not to accept any such excuses. I am, also,
desired to request you to pay surprise visits, occasionally, to the Courts of the Judicial
Officers immediately after the lunch interval and towards the close of the working hours
of the Courts to see whether the said officers resume their Court work punctually after
the lunch interval and, also leave their Courts only at the hour prescribed for the rising
of the subordinate Courts. You may, also, kindly send your reports in the matter
regularly to this Court for the information of the Hon'ble Judges.
........
Copy of D.O letter No. 24307/Genl/VI.Z.28 dated 21.12.66, addressed to all the District
and Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Instructions regarding punctuality in attendance of Judicial Officers in
Courts.
Hon'ble the Chief Justice and Judges have been pleased to order that you should
start warning those Judicial Officers who are found to be late in attending their Court as
a result of the surprise visits paid by you or the Chief Judicial Magistrate to their Courts.
........
Copy of letter No. 13266/Genl/VI.Z.28 dated 21.8.70, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Observance of Court hours by the Additional District & Sessions Judges.
The question whether the District and Sessions Judge is required to check the
punctuality to be observed by the Additional District and Sessions Judge was
considered and it has been decided by the Hon'ble the Chief Justice and Judges that it
is not necessary for the District & Sessions Judge to pay visits to the Court of Additional
District & Sessions Judge for the purpose of checking punctuality, but if it otherwise
comes to his notice that a particular Additional District and Sessions Judge is habitually
punctual, he may report the matter to the High Court except in a case in which the
Additional District & Sessions Judge happens to be senior to him in the Gradation list.
........
Copy of letter No. 1185/RHC dated 22.12.70, addressed to all the District and Sessions
Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Observance of Court hours and punctuality in the Court work by Judicial
officers.
It has come to the notice of this Court that Judicial Officers do not observe court
hours and prefer sitting in the retiring room for doing court work during court time. This
causes unnecessary inconvenience to the litigant public which expect regularity and
punctuality on the part of Judicial Officer starting the court work at 10.00 A.M. sharp.
The Hon'ble the Chief Justice and Judges do not approve this attitude of the Presiding
Officers and have been pleased to order that all the Judicial Officers should start actual
court work at 10.00 A.M, and write judgments either before 10.00 A.M. or after the entire
court work for the day is finished by them. They should take up evidence and arguments
cases after attending to other work fixed for the day, it may please be impressed upon
the Judicial Officers that any laxity found in this behalf will be taken serious notice.
I am accordingly to request you that a copy of this letter may please be
forwarded to each of the Judicial Officer in your district/ division for strict compliance
and obtain their acknowledgment in token of its receipt.
.............
Sub Head: - Appearance on T.V./Writing of Article/ Publishing of Books.
Copy of letter No. 18362 Vigilance dated 5.6.1995, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana, Chandigarh and the District and
Sessions Judges (Vigilance), Punjab and Haryana.
Subject:
Appearance in Television of programme, Media, Radio, Broadcast,
contributing in article in the newspaper, publishing a book or periodical by
the Judicial Officers.
It has come to the notice of the High court that some of the Judicial Officers are
not maintaining high tradition of the Office because a tendency has been noticed
amongst them to gain undue publicity. With the expansion of electronic and
telecommunication media, and television new-work available in multi-channels coupled
with the efforts being made to introduce information super high-way by the television
companies have provided opportunity to everyone to become a celebrity. Some of the
Judicial Officers have started appearing on television or other electronic media under
the guise of participating programme of social importance projecting their dispersion as
library, T.V. Coverage is even allowed to done in order to show them working in the
court-room or in the retiring room attached to the court-room. The court building is
primarily meant for Judicial work where judicial proceedings are required to be
conducted with solemnity.
It has been noticed that some of the Judicial Officers have started participating in
Radio Broadcast or contributing an article or publishing books in their names or writing
letter to the newspaper or periodical on the plea that such contribution, broadcast or
writing is of a purely literary, artistic or scientific character.
Some of the Judicial Officers do not seek prior permission/ sanction of the High
Court through their respective District Judges before participating in discussion on
television programme, giving interviews on television or media, Radio Broadcast, or
contributing an article of publishing books in their names or writing letter to the
newspaper or periodical. Therefore, Hon'ble the Chief Justice and Judges of this Court
have been pleased to direct that no Judicial Officer shall participate in any television
programme telecommunication media, Radio Broadcast, Publish books in their name or
contribute an article to the newspaper or periodical without the prior permission/
sanction of the High Court, even if such appearance or discussion is purely literary. The
violation of these instructions would be construed as misconduct on the part of the
Judicial Officers.
...............
Sub Head: - Visiting the High Court.
Copy of letter No. 238 /RHC dated 13.3.1969, addressed to all the District and Sessions
Judges in the State of Punjab and Haryana.
Subject:
Attendance of Judicial Officers in the office of the High Court in response
to telegrams.
The case of a fake telegram having been sent by some person in the name of the
Private Secretary to the Registrar to a Judicial Officer, asking him to attend the office of
the High Court, has come to the notice of Hon'ble the chief Justice and Judges. Their
Lordships have been pleased to direct that no Judicial, Officer should leave his headquarter for attending the office of this Court merely on the receipt of a telegram to the
said effect. In the case of receipt of such a telegram, he should contact his District and
Sessions Judge, who will confirm the veracity of the telegram from the Registrar on the
telephone and only on his asking the officer should leave the station to attend this
Court. I am, therefore, to request you to inform all the Judicial Officers working under
your control accordingly.
Copy of letter No. 10794 Gaz./VI.M.46 Dated 22.5.1976, addressed to all the District
and Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Visit of the Judicial Officers to the Office of the Punjab and Haryana High
Court, Chandigarh on receipt of a telegraphic message.
It has come to the notice of Hon'ble the chief Justice and Judges of this Court
that a Judicial Officer was given a false message through a faked telegram by some
mischievous person where in he was required to reach High Court, Chandigarh on a
particular date and time. As a result thereof the Officer concerned attended this Court
which caused great inconvenience to the Judicial Officer and also resulted in the loss of
court work and time. In order to avoid such recurrence Hon'ble the Chief Justice and
Judges have been pleased to decide that a Judicial Officer who is required to appear
before this Court shall be summoned only through a letter or a telephonic message to
the District and Sessions Judge concerned or through a special messenger. Their
Lordships have further been pleased to direct not to honour any telegram purporting to
require a Judicial Officer to appear before this Court.
I am, therefore, to request you kindly to bring the aforesaid instructions to the
notice of all the Judicial Officers working under your control for strict compliance in
future.
.............
Copy of letter No. 680 /RHC dated 30.9.1988, addressed to all the District and Sessions
Judges in the State of Punjab and Haryana.
Subject:
Attendance of Judicial Officers in the office of the High Court in response
to telephone calls.
A case of fake telephone call desiring an officer of the Superior Judicial Service
to see Hon'ble the Chief Justice at Chandigarh has come to the notice of Hon'ble the
Chief Justice and Judges. Their Lordship have been pleased to direct that no Judicial
Officer should leave his head-quarter for attending the office of this Court merely on the
receipt of such a telephone call. He should contact his District and Sessions Judge who
will confirm on phone the veracity of the telephone call from the registrar/Special
Secretary to Hon'ble the Chief Justice, as the case may be and it is only under the
instructions of the District and Sessions Judge that such Judicial Officer should leave
the station to attend this Court.
All the Judicial Officers working under your control may please be informed
accordingly.
...............
Sub Head: - Correspondence with the High Court.
Copy of letter No. 24530 /Genl/L.80, dated 17.12.1973, addressed to all the District and
Sessions Judges in the State of Punjab and Haryana and Chandigarh.
It has been noticed that in many communications received from various District
and Sessions Judges, there is no reference made to the Despatch Numbers of the
earlier letter from the High Court. This results in difficulty to locate the concerned file of
the matter.
It is requested that in all letters issued from your office, a reference may please
be made to the Despatch Number of the Previous letter from the High Court (if any), for
expeditious disposal of the reference.
Copy of letter No. 502 /RHC dated 6.4.1974, addressed to all the District and Sessions
Judges in the State of Punjab and Haryana.
Subject:
Mode of addressing confidential letters.
All the Dak received in the High court, either addressed to the Registrar, by name
or marked “Confidential” on the envelope, is opened and perused by the Registrar
personally, before it goes to the Branches concerned. It has been noticed that on
several occasions the envelope which is marked “Confidential”, contains a large number
of references which are either confidential nor require the personal scrutiny of the
Registrar. Even some letters addressed to the Joint Registrar and the various
Deputy/Assistant Registrar, are also enclosed in the same envelope. This results in
unnecessary waste of time of the Registrar in going through every letter.
Necessary directions may please be issued to the official concerned and also to
the Courts subordinate to you, to send the dak to the Registrar by name or mark it
“Confidential” only when the contents of the envelope require the personal attention of
the Registrar, before it is processed. Furthermore the letters addressed to the Joint/
Deputy/Assistant Registrar should not be put in the envelope addressed to the
Registrar.
(Supplemented by vide this Court's letter No. 987/RHC, dated 02.08.1976).
...........
Copy of letter No. 987 /RHC dated 2.8.1976, addressed to all the District and Sessions
Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Mode of addressing confidential letters.
Reference to this Court's letter No. 502/RHC, dated 6.4.1974 on the above
subject, where it was inter alia directed that the dak should be sent to the Registrar by
name or marked “Confidential” only when the contents of the envelope require the
personal attention of the Registrar, before it is processed, and that the letters addressed
to the joint/Deputy/Assistant Registrar should not be put in the envelope addressed to
the registrar. Now it has come to the notice of the Registrar that the confidential letters
are sent to this Court in ordinary envelopes without inscribing the word “Confidential” on
the envelope. When the confidential letters the contents of which require the personal
attention of the Registrar, are sent without inscribing the word “Confidential” on the
envelope, the ideas are received in the Receipt Branch of this Court and the very
purpose of its being a confidential/secret letter is lost.
Necessary directions may please be issued to all the officials concerned and also
to the Courts subordinate to you, to send the confidential letters in the envelopes
bearing the inscription “Confidential” thereon only. Any lapse in this respect in future
shall be taken serious notice of.
(To be read in continuation of this Court's letter No. 502/RHC, dated 06.04.1974).
Copy of letter No. 597 /RHC dated 4.8.1983, addressed to all the District and Sessions
Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Correspondence by the Judicial Officers.
It has been noticed by the Hon'ble Chief Justice and Judges with concern that
certain Presiding Officers, below the rank of District and Sessions Judges, writer letter
in their official capacity direct to superintendents of Police or other Executive Authorities
and endorse copies thereof to the registrar of this court which is against official
propriety. By doing so, they obviously infringe the prescribed procedure and channel of
correspondence.
With a view to maintain proper office discipline, their Lordships have been
pleased to direct that all correspondence to be made by the Presiding Officers of the
Courts below the rank of District and Sessions Judges should be done through the
proper channel i.e. through their respective district and Sessions Judges and further in
no case direct correspondence should be made with this Court.
These instructions be kindly brought to the notice of all the Judicial Officers
working in your respective Sessions Divisions for strict compliance. It should specifically
be made clear to them that if officer is found guilty of violating these instructions,
disciplinary action will be initiated against him.
The fact that all the officer working in your Session Division have noted these
instructions for compliance may kindly be conveyed to this Court immediately.
..........
Copy of letter No. 1498 /RHC dated 21.1.1995, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana,, Chandigarh and the District and
Sessions Judges (Vig.) Punjab and Haryana.
Subject:
Correspondence by the Judicial Officers.
It has been noticed by the Hon'ble Chief Justice and judges with great concern
that the Judicial Officers in utter violation of rule 1 Chapter 1GHigh court rules and order
Vol. 4 and instructions issued vide circular letter No. 597 RHC dated 4.8.1983, write
letters to this Court in their official capacity direct and by doing so they obviously violate
the prescribed procedure and channel of correspondence.
It has also been noticed by their Lordships that in the Judicial cases also in which
reply/explanation is obtained form the Judicial Officers, they send their reply/explanation
to the Hon'ble Judges by name, instead of addressing the communication to the
Registrar
of
this
Court
with
a
request
for
placing
the
same
before the concerned Hon'ble Judge/Bench. In doing so they fail to understand the
Judicial discipline.
With a view to maintain proper Judicial discipline their Lordships have been
pleased to direct that all the correspondence to be made by the Presiding Officers of the
Courts below the rank of District and Sessions Judges should be done through proper
channel i.e. through their respective District Judge and the same should be addressed
to the Registrar of this Court and in no circumstances communications are to be
addressed direct to the Hon'ble Judges of this Court.
These instructions may be brought to the notice of all the Judicial Officers
working in your Sessions Division, for strict compliance, making it clear to them that if
any officer is found guilty of violating these instructions, disciplinary action will be taken
against him.
The fact that the above instructions have been brought to the notice of all the
Judicial Officers working in your Sessions Division for compliance may be conveyed to
this Court immediately.
............
Copy of letter No. 20340 /Gaz.II dated 22.7.1996, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Instruction/Guidelines for Subordinate Court.
Requested to direct all the Judicial Officers under your control that in future
whenever a communication for summoning the record from this Court is made, the
same may be addressed to the Registrar (General) of this court and not in the name of
any other officer/official.
............
Copy of letter No. 36141 /Gaz.II dated 5.12.1996, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Instruction/Guidelines for Subordinate Court.
Requested to direct all the Judicial Officers under your Control that in future they
should send letters to High Court through concerned District and sessions Judge only
and avoid direct correspondence with the High Court.
Copy of letter No. 382 Spl. Rules/XX.C.I dated 11.6.1998, addressed to all the District
and Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Superintendents of the District and sessions Judges barred to correspond
directly to the High court.
It has been noticed that the superintendent working in your office of then address
letters to the registrar of this Court on your behalf under their own signatures. By doing
so, they are over-stepping their jurisdiction as they are not competent to address a
communication to the Registrar of this Court directly. Hon'ble the Chief Justice has
taken a serious view of the matter and has directed that this fact may be brought to the
notice of the Superintendents working in your office and they should not address any
letter directly to the High court.
............
Copy of letter No. 11363 /Gaz./VI.Z dated 18.7.1970, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Subject:
Relinquishing and assuming Charge reports.
Inviting attention to Rule 5 in Part 'I' if Chapter-B, High Court Rules and orders
Volume IV, which provide that relinquishing charge report should
invariably be
accompanied by Certificate to the effect that Judgments have been written in all cases
in which arguments had been heard. It has however, been noticed that the said
certificate is not furnished with the relinquishing charge reports by the Judicial Officers
on their transfer from one station to another. The Hon'ble the Chief Justice and Judges
desire that the instructions contained in the aforesaid rule be brought to the notice of all
the Judicial Officers for strict compliance in further.
I am, therefore, to request you to kindly instruct all the Judicial Officers working
you your district/division to forward the requisite certificate alongwith relinquishing
charge report on their transfer from one station to another.
...........
Sub Head: - Supply of information to the Government.
Copy of letter No. 4620 /Gaz.I/VI.O.6 dated 20.2.1957, addressed to all the District and
Sessions Judges in the State of Punjab.
It has recently been noticed that some District and Sessions Judges communicate with
Government direct and not through this Court in administrative matters, especially those
concerning
Judicial
Magistrates.
This
is
contrary
to
normal
procedure
of
correspondence through the High Court. I am, therefore, to request that in future you
should address all you communication to this Court and should not address the Punjab
Government direct.
Copy of letter No. 3428 /Gaz.I/VI.O.6 dated 26.2.1958, addressed to all the District and
Sessions Judges in the State of Punjab.
It has come to the notice of the Hon'ble the Chief Justice and Judges that some
times District and Sessions Judges furnish their views or other information direct to the
State Government in matter concerning Judicial Department or the Judicial or Executive
Magistrates, posted in their districts. Such a procedure is likely to cause embarrassment
to Hon'ble Judges particularly when the views expressed by the District and Sessions
Judge are not shared by this Court. Save in cases of grave emergencies it is necessary
that all information relating to Judicial department be furnished to the State Government
through this Court unless instructions to the contrary are issued by this Court in respect
of a particular matter. It has, therefore, been decided by the Hon'ble Judges that no
information be furnished direct to Government by any District and Sessions Judge in
future either suo moto or in reply to communications received from Government and it
should invariably be routed through this court, even in cases where references have
been received. I am to request that hence-forth whenever any replies are to be sent to
Government, to copies thereof be forwarded to this Court so that one copy may be
forwarded to Government without any loss of time and the other retained in this Court.
Copy of letter No. 6093 /L.80 (A) dated 19.3.1976, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Sub: - Supply of information to the respective Governments in respect
superintendence over the subordinate staff in the subordinate Courts.
of
It has come to the notice of this court that all the District and Sessions Judges
posted in the states of Punjab, Haryana and Union Territory, Chandigarh, without
apprising this Court and seeking prior permission are supplying every kind of
information including the matter pertaining to overall superintendence over the
subordinate judiciary and staff attached thereto, whenever any such information is
instantly called for by the Government concerned. This is obviously against the letter
and spirit of Article 235 of the Constitution according to which the control over the
District Courts and Courts subordinate thereto including the Presiding officers thereof
and ministerial staff attached thereto vests solely in the High Court. This being so, it
seems all the more imperative to impress upon you that no such information which may
touching superintendence over the subordinate judiciary and staff attached specifically
allowed by this Court for doing so.
I am, therefore, to request you to ensure that in future no such information which
may in any way concern the superintendence over the subordinate Judicial Officers and
ministerial staff attached to them to straightway supplied to Government without
obtaining prior permission in the matter of this Court.
Copy of letter No. 9130 /Gaz.II/IX.C.18 dated 19.4.1978, addressed to all the District
and Sessions Judges in the State of Punjab and Haryana.
Sub: - Issuance of instructions by State Governments to the District and Sessions
Judges and courts Subordinate thereto.
The matter of the issuance of instructions, addressed to the Heads of
departments and district administration, which are often, also sent in routine to the
District and Sessions Judges, was taken up with the chief Secretaries of Punjab and
Haryana. Such instructions cover a wide field sometimes including matter under Article
235 of the Constitution of India. In this situation, the district and Sessions Judges are
often compelled to seek clarification from this Court as to the applicability of such
instructions to Judicial Officers, with the result that action thereon, even if necessary, is
delayed. There have also been occasions when the instructions issued by the
Government were in conflict with those issued by the High Court, which inevitably led to
confusion and this thus was not in the interest of good administration.
In order to obviate such situation arising in the future, the Governments
of
Punjab and Haryana were requested that all instructions issued by Government
concerning the district and Sessions Judges and the Courts subordinate thereto, may
be forwarded to this Court for appropriate action and the existing practice of sending
such instructions direct to the District and Sessions Judges be discontinued. Both the
State Governments have accepted the aforesaid proposal and have consequently
directed their concerned departments accordingly.
In this view of the matter it is requested that henceforth action or notice be taken
of any letter or general instructions issued by the Governments of Punjab and Haryana
after this date except with the concurrence or directions that this court may issued with
regard thereto.
............
Copy of letter No. 1916 Gaz./VI.F.9 dated 4.2.1969, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
It has been decided by the Hon'ble Chief Justice and Judges that any officer of
the Superior Judicial service and the P.C.S./H.C.S (Judicial Branch) who is placed in
category “B” (Average/Satisfactory) or below in the assessment of annual confidential
remarks shall not be considered till the next annual confidential assessment, for
promotion to the Selection Grade of the appropriate service. It has further been decided
by their Lordships that the P.C.S/ H.C.S (Judicial Branch) Officers in the category “B”
(average/ satisfactory) or below in the assessment of annual confidential remarks shall
also not be considered either for promotion as District/ Additional District and Sessions
Judge or for appointment as Senior Subordinate Judge-cum-Chief Judicial Magistrate,
till the next annual assessment of confidential remarks. I am, therefore, to request that
all the Judicial Officers working in your Sessions Division may kindly be informed of the
above decision of the Hon'ble Judges.
Sub Head: - ACRs will matter for grant of Selection grade/promotion.
Copy of letter No. 745/RHC dated 25.8.1984, addressed to all the District and Sessions
Judges in the State of Punjab, Haryana and Chandigarh.
Hon'ble the Chief Justice and Judges have been pleased to decide that if an
officer of the H.C.S/P.C.S (Judicial Branch) earns 'C' remarks for three consecutive
years on account of inefficiency or otherwise, it shall be a ground for major punishment
which will render him liable for removal from the service.
These instructions may be brought to the notice of all the Judicial Officers
concerned working in your Sessions Division.
..................
Sub Head: Premature Retirements-Guidelines
Copy of letter No. 20185 E.II./L.80 (a) dated 20.9.1979, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
The Central Government as also the State Governments of Punjab and Haryana
have amended their service Rules so as to empower the appointing authority to retire
any Government employee on attaining the specified age or after completion of the
specified length of service. To implement these rules, the Governments concerned have
issued instructions/ guidelines as to how, when an in what manner the assessment for
retaining employees in service beyond the specified age or length of service is to be
made. The matter for prescribing independent guidelines to be made applicable to in the
cases of Judicial Officers and the staff subject to the control of this Court has been
under consideration and now the Hon'ble Chief Justice & Judges have been pleased to
prescribe the following guidelines in this behalf:i
The case of every Judicial Officer and employees subject to the control of
the High court shall be reviewed for determining his suitability for retention
in service 4 months before each of the following dates namely:-
ii.
(a)
When he is due to complete his qualifying service or to attain
the age as may be prescribed by the relevant rules,
applicable to him.
(b)
When he is due to attain the age of 55 years.
(a)
The suitability for retention in service at the time of reviews
to be determined in the light of the entire service record, with
particular reference to such record pertaining to the proceeding 5
years.
(b) Any adverse remarks earned by an employee prior to getting
promotion to the higher post shall not be taken as a bar in allowing
the employee concerned to continue in service beyond the specify
age of qualifying service.
iii
Once it is decided to retain a member of the Judicial Service or a
member of the staff in service beyond specified period or qualifying
service or the age of 50 or 55 years, as the case may be, he shall
ordinarily be allowed to continue till the next review, if due, as
envisaged by clause (i) above, unless report of facts come to notice
which
reflect
adversely
upon
his
integrity,
effectiveness,
competency or otherwise and consequently render his retention in
service not to be in public interest.
iv
No representation by a Judicial Officer employee against the order
of compulsory retirement passed against him by the State
Government on the recommendation of the High Court shall be
entertained unless submitted within one month from the date on
which the notice of such retirement is served upon him.
I am, therefore, to request you to follow these guidelines meticulously.
Sub Head: - Strictures by Appellate Courts.
Copy of letter No. 906/RHC dated 11.9.1980, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Sub: -
Structures by Appellate Courts.
In order to uphold and maintain the image and reputation of the subordinate
judiciary in the eyes of the public, the Hon'ble Chief Justice and Judges have been
pleased to direct that superior Courts when delivering judgment should always use
restrained language with reference to the subordinate Courts so that the confidence of
the public in the administration of justice is not shaken.
The Hon'ble Chief Justice and Judges have further been pleased to direct that in
case the superior court is of the opinion that the manner in which the Presiding Officer
of the inferior court has dealt with or decided the case warrants strictures or adverse
comment reflecting upon his competence or integrity, expression of such opinion in the
judgment be avoided, if possible and instead a separate confidential note be recorded
and forwarded to this Court in this behalf, as the use of intemperate language in any
judgment, which is a public pronouncement, is to be deprecated.
These instructions may kindly be brought to the notice of all judicial officers concerned
in your Sessions Division.
.................
Sub Head: - Statement should not be false.
Copy of letter No. 6019/Gaz./VI,Z.23 dated 15.4.1974, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Sub: -
Suggestions in the matter of administration of Justice- Inspection Note of
the Hon'ble Judge.
It has come to the notice of this Court that in some cases false statements
regarding monthly pending work and disposal etc. which are submitted to this Court
have been recorded by some Judicial Officers. The Hon'ble Judges have taken a
serious view of this matter and have been pleased to order that in future if any such
instance comes to the notice of this Court, proper action would be taken against the
Judicial Officer(s) concerned.
During their Lordships Inspection tour, it was found by their Lordships that good
deal of the delay was found to have been caused in various civil cases on account of
having been adjourned for proper orders on the Judicial Officer suddenly taking leave
and in some cases very long dates had been fixed for proper orders. Therefore, their
Lordships have been pleased to order that:(a)
If a Judicial Officer comes to know that he would have to take leave
on a particular day even a few days in advance, he should pass
necessary orders about this change of dates in cases fixed for that
particular day in advance and see that notices of the changed dates
are issued to the parties or their Advocates, and to the witnesses
where-ever necessary, and
(b)
where the Judicial officer has unexpected to go on leave without
any advance notice, all the cases which were fixed on such a date
must be put up before the Judicial Officer on the very next working
day when he attends the Court so that he may pass proper orders
himself, if without avoidable delay.
I am, therefore, to request that the aforesaid instructions may kind be noted from
all the Judicial Officer working in your Session Division/ District for strict compliance.
Sub Head: - No money collection for spending on the staff of Hon'ble Judges.
Copy of letter No. 1101/Gaz I./VI,K.14 dated 1.8.1977, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
It has come to the notice of Hon'ble the Chief Justice and the Judges of this
Court that at the time of the visit of the Inspection Judge for inspection of district Courts,
a fund is created by collecting money for looking after the staff attached to the Judge,
Hon'ble Judge view it with concern and disapprove of this practice. They have been,
therefore, pleased to direct that henceforth no money shall be collected from the
members of the staff of subordinate Courts or Judicial Officers for spending on the visit
of the High Court staff and no special arrangement shall be made for their
entertainment. Any defiance of these instructions shall be dealt with severely. I am
accordingly to request you to kindly bring these instructions to the notice of all the
Judicial Officers working in your Sessions Division as the Subordinate Staff attached to
their Court, for strict compliance.
.................
Sub Head:- Retirement benefits/ Pension/Death-cum- Retirement/Service book.
Copy of letter No. 10610/Pen/XXIX.K.12 dated 15.4.1991, addressed to all the District
and Sessions Judges in the State of Punjab and the District and Sessions Judge (Vig.)
Punjab.
Sub: - Regarding Special additions to service qualifying for superannuation pension.
By virtue of the amended rule 16 of the Punjab Superior Judicial Service Rules,
1963, the members of the service shall now be governed by the Punjab Civil Service
Rules, Volume II so far the matter of Death-cum-Retirement benefits are concerned.
I am further to say that the members of the service who are desirous of availing
the benefits as envisaged in rule 4.2 of the Punjab Civil Service Rules, Volume II which
provides special addition to service qualifying for superannuation pension be advised to
submitted their respective particulars, supported by documentary proof, at the time of
their superannuation and submission of pension papers.
It is therefore requested bring it to the notice of all concerned.
.................
Copy of letter No. 26852/Pen/XXIX.K.12 dated 28.9.1994, addressed to all the District
and Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Sub: -
Instructions regarding expeditious disposal of pension cases.
Directions issued by the Government regarding time schedule fixed by the
Government for the preparation and finalization of pension cases of the retiring
Government employees issued from time to time were/are being brought to your notice
for strict compliance and further emphasizing that the pension cases of the retiring
Government employees be initiated two years in advance and forwarded to the
Accountant General complete in all respects for issuance of Certificate and Report
regarding entitlement of pension and gratuity admissible to such retiring government
employees as the same are not finalized well in time meaning thereby that the
instructions issued by the Government are not being followed in letter and spirit.
The delay in mainly caused in such cases due to non-completion of service
books and service record. In some cases the service book pertaining to the service
rendered by the Government employee prior to his entry into PCS/HCS (JB) is not
made available and even which are being supplied are found grossly incomplete, in as
much as the verification of service which has a direct bearing on pensionary benefits
are not found recorded therein and a lost of time is consumed for getting the needful
done after the passage of pretty long time and a great difficulty is faced due to non
availability of the relevant records resulting in great hardship and unnecessary
inconvenience to the pensioners.
I am, therefore, to impress upon you to ensure that the work of preparation of
pension cases is taken up to year in advance of the date of retirement of the
Government employee and his service record should be examined and completed in the
first stage. His pension case should be sent to this Court complete in all respect
alongwith the service books duly upto dated for onward transmission to the State
Government/Accountant General for verification of entitlement of pension and gratuity
admissible to him under the rules. In case the Government employee has rendered
service in any other department the service book pertaining to the said period be also
procured at your end supplied to this Court alongwith his pension papers after getting it
completed from the quarter concerned with a view to eliminate delay in the finalization
of pension cases and getting the same released in favour of the retiree well in time.
It need not be emphasized again that in cases where no service books have
been prepared so far the same be started forthwith and necessary steps for their
completion be taken up without any further loss of time, and further if any judicial officer
has rendered pensionable service in any other department prior to his entry into
PCS/HCS (JB), the service book pertaining to the said service may also be obtained
from the departments where they have served for clubbing with the present service
books. In case, there is any deficiency on account of service verification pay, relieving
from previous department and joining PCS/HCS(JB), payment of joining time pay etc.
the same should be checked and got completed and settled as it has a direct bearing on
pensionary benefits, which are unnecessarily delayed for want of incomplete/ improper
service records. Even in the cases of those officers who are due to attain the age of
superannuation the service books may also be obtained from their previous
departments and got completed for being sent to this Court alongwith their pension
cases or as and when asked for. The contents of this letter may please be brought to
the notice of all concerned dealing with the pension cases for strict and meticulous
compliance with a view to speedy disposal of pension case.
.................
Copy of letter No. 2/Pen/XXIX.K.12 dated 8.1.1996, addressed to all the District and
Sessions Judges in the State of Punjab & Haryana, the District and Sessions Judge
(Vig.) Punjab & Haryana.
Sub: - Expeditious finalization of cases of pensionary benefits Implementation of the
decision of Government on the report of III Punjab pay commission on
pensionary benefits- Verification of service.
Reference to this Court's letter No. 20187/Pen/XXIX.K.12 dated 10.8.1990 and
subsequent reminders on the above subject and requested to supply full particulars of
service rendered by the Judicial Officers working under your control in the enclosed
performa alongwith their service books (duly upto dated) including the service books
pertaining to the service rendered by them in any other department before joining PCS
(JB) who have completed 10 years or more service as per Punjab Government letter
No. 1/81/90-1p2/3930 dated 23.5.1990 so as to enable this Court take further action
regarding issuance of certificate of verification of qualifying service for payment of
pensionary benefits. The service books of the officers in whose cases certificate of
service verification for maximum qualifying service have already been issued need not
be sent to this Court again.
PROFORMA
Particulars of service rendered by Sh._______________for the issuance of service
verification certificate for pension.
1
Date of Birth:
2
Date of Joining Govt. Service:
3
Full particulars of the Deptt./office:
4
Date of entry into P.C.S (Judl. Branch)
or date of entry into Punjab Superior
Judicial Service :
5
Date of retirement :
6
Total Service :
7
Periods not continue as
qualifying service :
i
Boy service
ii
Periods of extra ordinary leave
iii
Interruption if any between two
spells of Government service
iv
period of suspension
v
Any other period that does not qualify for pension.
Net qualify service (6-7):
District and Sessions Judge
Copy of letter No. 35145/Pen/XXIX.K.12 dated 28.11.1996, addressed to all the District
and Sessions Judges in the State of Punjab, Haryana & Chandigarh, the District and
Sessions Judge (Vig.) Punjab & Haryana.
Sub: - Finalisation of pension cases-procedure regarding payment of pension leave
salary contribution in respect of Foreign Service.
From a bare perusal of the service books/service records of Judicial officers it
has been noticed that they have served with different agencies as foreign service but no
entry is found regarding the payment of leave salary contribution/pensionary
contribution and it becomes very much difficult to meet out the objection raised by the
Audit Officer in this behalf. It is all together very much difficult to trace out relevant
papers at a belated stage and with a view to obviate any such situation in future.
Hon'ble the Chief Justice and Judges has now been pleased to order that the provision
contained in Punjab Civil Service Rules, Vol.I Part I be strictly adhered to and the same
may be brought to the personal notice of every judicial officer working under your
control under intimation to this Court.
Rule 10.7 clearly provides that while a government employee is in Foreign
Service contribution towards the cost of his pension shall be paid to Govt.
revenues on his behalf.
b If the foreign service is in India, contribution shall be paid on account of
the cost of leave salary also.
C Contribution due under sub-rules (a) & (b) above shall be paid by the
government employee himself unless the foreign employer consents to
pay them. They shall not be payable during leave taken while in Foreign
Service.
Further as laid down in Rule 10.8
1 The rates of contribution payable on account of pension and leave salary
shall be such as the competent authority may be general order specify
with a view to secure to the Government employee the pension that he
would have earned by service under government if he had not been
transferred to foreign service and to secure to government employee
leave salary on the scale and under the conditions applicable to him.
Further Rule 10.9 lays the time limit for payment of contribution
The payment of leave salary and pension contribution in respect of
Government employee in foreign service shall be made (separately as
they are creditable to different heads of accounts) by the foreign employer
or by the employee concerned as specified in the terms of transfer to
foreign service within fifteen days from the end of the financial year or at
the end of the term of the foreign service, whichever is earlier. No dues
recoverable from Government on any account shall be set off against
these contributions.
Further Rule 10.10 lays down with regards to interest on overdue
contributions.
In case the contributions is not paid within the specified period, interest
shall be paid to Government on unpaid contribution
according to the terms of foreign service at the rate of two paise a day for
one hundred rupees from the date of expiry of that period upto the date on
which the contribution is finally paid, where contributions are paid not in
cash but by book adjustments in the accounts made by Accountant
General any interest levied on over due contributions should be charged
upto the date on which the adjustment is finally made in the accounts.
Rule 10.11 Remission of interest.
The competent authority may remit interest on overdue contribution in
exceptional circumstances when for instance the payment of the
contribution has been delayed through no fault of Government employee
or the foreign employer concerned. Interest will not be remitted in
consequence of delay on the part of the Accountant General to make a
claim, if the facts on which the claim is based were within the knowledge
of the Govt. employee or the foreign employer concerned.
Further Rule 10.12 lays down that:
If a Government employee transferred to foreign service withholds the
contributions, he shall forfeit the right to count as duty in Govt. service the
time spent in foreign service. The contribution paid on his behalf maintains
his claim to pension or/ and leave salary as the case may be in
accordance with the rules of service of which he is a member. Neither the
Govt. employee not the foreign employer has any right of property in a
contribution paid and no claim for refund can be entertained.
So keeping in view the mandatory provision of the rules narrated above it is
requested that all such matters may be settled forthwith at your own level and an entry
in this behalf be recorded in the service book under proper attestation as required by
such Rule (2) of rule 12.4 of Punjab civil services Rules, volume I Part I.
.............
Copy of letter No. 6867/Pen/XXIX.K.12 dated 14.3.1997, addressed to all the District
and Sessions Judges in the State of Haryana.
Sub: - Statement regarding pending pension cases.
The Financial Commissioner and Secretary to Government, Haryana vide his
letter No. 57/1/96/FD/Pen/P-4, dated 13.2.1997 has desired that the cases of all the
officials/ officers who are doing to retire in the next 12 months in your Sessions divisions
be forwarded to the Accountant general, Haryana immediately for the issuance of
certificate and report and further in case of those who are going to retire in the next 24
months, the service books, No Dues Certificate in respect of such employees be
obtained and steps be taken for their completion and if any enquiry is pending against
such employees the same should also be finalized so that their pension cases can be
finalized will within time.
I am therefore, to request you to take necessary steps in this regard for strict
compliance.
...........
Sub Head: - Appointment of their words on compassionate grounds when they
die in harness.
Copy of letter No. 27491-Gaz.II dated 24.9.1998, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana and Chandigarh.
Sub: -
Guidelines with regard to employment on compassionate grounds to the
dependents of the Judicial Officers who die in harness, in state services.
Forwarding a copy of the report dated 27.7.98 with regard to the guidelines for
providing employment on compassionate grounds on the dependents of the Judicial
Officers who die in harness, in State Services, adopted by this Court, for necessary
action.
Report dated 27.7.98
The matter relates to the framing of policy with regard to the making of some
provisions for employment on compassionate grounds to the dependents/wards of
deceased Judicial Officers, who die in harness.
The matter arose from the Punjab Government letter dated 5 th February, 1996
vide which the said Government framed the policy for providing employment on
compassionate grounds to the dependents/wards of its employees, who die in harness.
The said letter was placed before Hon'ble the Chief Justice, who vide orders dated 13 th
July, 1998 was pleased to constitute a Sub Committee by imparting directions to the
Committee to lay down suitable guidelines in this regard in order to give compassionate
employment to the wards/dependents of the Judicial Officers, who die in harness.
This Sub Committee has examined this matter in depth keeping in view the
guidelines framed by the State Government and we have also examined the position
which prevailed earliest in the State of Punjab. This Sub Committee was apprised of the
instances when the children of the Judicial Officers were even accommodated by the
State Government to Class-I posts. But the said policy has been reversed by the State
Government, as result of which the compassionate a[[ointments to Class I and Class II
posts have been totally banned. In our view, rightly so. The Judicial Officers of the State
Services have got professional qualifications before they come into the service either
through competition or through direct recruitment. Mode of direct recruitment is only
permissible in Superior Judicial Service when the State Government on the
recommendations of the High Court appoints practising lawyers. Equally is impossible
for the High Court to provide compassionate appointments in the Judicial services to the
wards of the Judicial Officers, even if they hold legal qualifications. High Court cannot
afford to recruit a Law Graduate as a Judicial Officer, who has not got the desired
experience in the field of law.
As per Chapter-VI and articles 233 and 234 of the constitution of India, the
respective State Governments are the appointing authorities, though by virtue of Article
235 of the Constitution, the control over the District Courts and the Courts subordinate
thereto, including the matters of posting and promotions vests in the High Court. Thus,
the position emerges to be that the respective State Governments remain the
appointing authorities of the officers of the subordinate judiciary and a subordinate
Judicial Officer will be considered an employee of the respective state Government fir
all intents and purposes. In these circumstances, when a Judicial Officer dies in
harness, it will be the primary duty of the respective State Government to accommodate
the wards of the Judicial Officers/Judicial Officers on compassionate grounds by
offering them the appointments, so as to tide over the financial crisis. Both the States
have multifarious departments. The establishment of both the States of Punjab and
Haryana runs into thousands employees. Some of the employees of these departments
die in harness also. Under these circumstances the wards/dependents of these
employees can also request the State Government for providing them suitable
employment by accommodating them in Class III and Class IV services. The State
Government will, inter alia, try to accommodate the wards of such deceased employees
in these very departments where the deceased employee was working or the State
Government may circulate the application of the dependent of the deceased employee
amongst its other departments. So that the needy may be accommodated. If the wards
of the Judicial Officers are relegated only to apply before the State Government, the
chances are there that these wards may not get appointments on compassionate
grounds for years together on account of huge pendency of such like applications
before the State Government. In order to overcome this difficulty. we have pondered
over the issue in depth and we suggest to the Hon'ble Chief Justice that a dual
procedure should be adopted so that the needy wards of the deceased Judicial Officer
may be accommodated at the earliest. Since we have expressed our opinion above that
for all intents and purposes a Judicial Officer is an employee of the State Government,
therefore, we are of the opinion that in the event of the death of a Judicial Officer in
harness, the ward of such Judicial officer may apply for job on compassionate grounds
to the State Government directly for giving suitable employment in Class-III and Class-V
services, as per the qualifications prescribed by the Government. Simultaneously, the
ward may also apply to the High Court for appointment on compassionate grounds and
the High Court may consider such application for giving employment on the strength of
the
cadre
of
Sessions
divisions
by
forwarding
such
applications
with
its
recommendations to the District and sessions Judges of the States of Punjab/Haryana,
respectively, as the district and sessions Judge is the appointing authority of its
subordinate staff. Such application should be submitted by the wards to the High Court
within one year from the date of the death of the Judicial Officer, but this period can be
relaxed by the Hon’ble Chief Justice for any sufficient cause shown in this regard by the
applicant.
The consequential point over which this Sub Committee gave its anxious thought
was to frame a definition for the ward/dependent, who may be adjusted in the
subordinate Courts. This Sub Committee wanted to give a broader definition and
meaning to the word 'ward/dependent' keeping in view the set up of our society. It is,
therefore, suggested that the definition of 'ward/dependent' should cover a dependent
sons a dependent daughter – whether married or unmarried; dependent brother;
dependent sister and even dependent daughter-in-law of pre-deceased son.
Before giving suggestions above, this Sub Committee has also taken into
consideration the ratio of the Hon'ble Supreme Court given in Umesh Kumar Nagpal V.
State of Haryana and others, 1994 Supreme Court Cases (L&S) 930, wherein it was
held by their Lordships that the object of compassionate appointments is to enable the
penurious family of the deceased employee to tide over the sudden financial crisis and
not to provide employment. It was further observed by the Hon'ble Supreme Court that
ad hoc appointments should be confined only to Class III and IV Posts and such
appointments to Class I or II are not legally permissible. Further it was observed by the
Hon'ble Supreme Court
that compassionate employment cannot be granted after a
lapse of a reasonable period which must be specified in the rules because the
consideration for such employment t is not a vested right, which can be exercised at any
time in future. The object being to enable the family to get over the financial crisis which
it faces at the time of the death of the sole breadwinner the compassionate employment
cannot be claimed and offered whatever the lapse of time and after the crisis is over.
Sd/- G.C. Garg
Judge
Sd/- R.L. Anand
Judge
.............
Sub Head: - Residential accommodation.
Copy of letter No. 31034-5.Genl. Dated 28.11.1997, addressed to all the District and
Sessions Judges in the State of Punjab and Haryana.
Sub: - Allotment of residential accommodation to Judicial Officers.
Reiteration of instructions already issued by this Court vide letter No. 12023
General/III.Z.2 (a) dated 4.6.1980 for strict compliance.
..............
Copy of letter No. 26477-Genl./III.F.15. Dated 22.10.1993, addressed to the
Commissioner & Secy. to Govt. Haryana, Administration of Justice Department,
Chandigarh. .
Sub: -
Residential accommodation for the Judicial Officers requisition thereof on
lease, rent basis by the Government, vacation thereof.
The Hon'ble Chief Justice and Judges are pleased to take policy decision that
henceforth if an house is taken on lease for a Judicial Officer, even though by
Government, regardless of the previsions of the Rent Restriction Act, or any other such
law for the time being in force, the High Court must ensure that the terms of the lease
deed are complied with, meaning thereby that when the period of lease expires,
possession is handed back to the owners, in cases, where houses are requisitioned for
Judicial officers, the houses must be given back to the owners after a period of three
years.
..............
Copy of letter No. 30404 -3GS-I/74, Dated 14.11.1974, addressed to all the District and
Sessions Judges in the State of Punjab.
Sub: - Allotment of residential accommodation to the Judicial Officers at the District
level in Punjab.
I am desired to refer to you on the above subject and to forward to you for
information. A copy of the circular letter issued by the Punjab Government on
1.11.1974, addressed to all the commissioners of divisions and Deputy Commissioners
in the Punjab State to the effect that all Government Houses, at present occupied by the
Judicial Officers, shall, in future, be allotted to their successors only. It is also mentioned
in the said letter that the demand of the Judicial Officers for further allotment of
residential accommodation shall also be kept in view at the time of allotment of other
available houses, as well.
In view of the above orders which have been issued in consequence of a high
level meeting, the District and Sessions Judges shall ensure that no house, presently in
occupation of a Judicial Officer, is allotted to non-Judicial Officer and in case of such an
eventuality, the District and Sessions Judge concerned shall immediately report the
matter to this Court. It would be better if on the transfer of a Judicial Officer, the key of
the house is retained by the District and sessions Judge to be handed over to the next
allotted Judicial Officer, in anticipation of a formal order of allotment of the house, by the
House Allotment Committee/ Deputy commissioner, in his favour. The District and
Sessions Judge shall also see that in case the new allotment of houses is being made
persistently in favour of the non-Judicial Officers, by ignoring the genuine claims of the
Judicial Officers, this fact shall also be brought to the notice of this Court, immediately.
(Supplemented by vide this Court’s letter No. 14878-Genl./III.Z.2 (a), dated 01.03.1975).
...........
Copy of letter No. 14878 -Genl./III.Z.2 (a), Dated 1.3.1975, addressed to all the District
and Sessions Judges in the State of Punjab.
Sub: - Allotment of residential accommodation to the Judicial Officers at the District
level in Punjab.
I am directed to invite your attention to this Court's letter No. 30404/308/3GSI/74, dated 14.11.1974 on the subject noted above and to say that the matter in regard
to allotment of residential accommodation to the Judicial Officers at the District level
was re-considered by the Hon'ble the Chief Justice and the Chief secretary to
Government, Punjab, at a meeting held on 18.2.1975 in the Chamber of his Lordship.
The following points were discussed and agreed upon in the said meeting:1 It has been decided that Government houses at present occupied by
Judicial Officers may in future be allotted to a Judicial Officer
recommended for such allotment by the District & Sessions Judge out of
the Judicial Officers in station, who may be without a Govt. house or may
be residing in accommodation of a lower category or to the successor of
the Judicial officers who vacate the house.
2 It has also been decided that the requests from Judicial Officers for
allotment of residential accommodation out of the remaining houses may
also be considered sympathetically by the House Allotment Committee at
the time of allotment of other available houses.
3 The Government will issue a fresh circular letter to the Chairman of the
House Allotment Committee in supersession of the previous letter of
November 1, 1974, in terms of the decision arrived at today. The Chief
Justice will also send instructions to the District and Sessions Judges in
terms of the same decision.
XXX XXX XXX
Accordingly, the Punjab Government have issued fresh instructions as contained
in their letter No. 955-IAd.O.75/ dated the 24th February, 1975 to all the Commissioners
of Divisions and Deputy Commissioners in the Punjab State in supersession of their
previous letter No. 4874-IAd,074/34984, dated 1.11.1974.
I am, therefore, to request you to kindly ensure that the allotment of residential
accommodation to the Judicial Officers shall now be made by the House Allotment
Committees in accordance with the latest instructions of the Punjab Government dated
the 24.2.1975, and any violation in this behalf be intimated to this Court immediately
and further ensure that all the Judicial Officers in your District without Government
accommodation have applied/ apply for Government accommodation.
I am, further to request to kindly acknowledge the receipt of this letter and
confirm that all the Judicial Officers in your District having no government
accommodation have since applied for the same.
(To be read in continuation of this Court’s letter No. 26477-Genl./III.F.15. Dated 22.10.1993
Copy of letter No. 12033-General-III.A. 2(a), Dated 4.6.1980, addressed to all the
District and Sessions Judges in the State of Punjab & Haryana.
Sub: -
Allotment of residential accommodation to the Judicial Officers.
The Hon'ble Chief Justice and Judges have been pleased to direct that in the
matter of allotment of Government residential accommodation to Judicial Officers by the
District and Sessions Judges, the criteria to be adopted is as under:i
Judicial Officers posted and transferred by an earlier order shall be given
preference over those posted and transferred by a later order.
ii
Judicial Officers posted and transferred by the same order shall be allotted
accommodation in accordance with their inter-se seniority at the particular
station of posting irrespective of their dates of assumption of charge there.
In special circumstances, the District and Sessions Judge may allot Government
residential accommodation to a Judicial Officers otherwise than in accordance with the
criteria referred to above.
The Hon'ble Chief Justice and Judges have further been pleased to direct that
the above criteria shall also apply to the allotment of Govt. residential accommodation to
Judicial Officers transferred during the recent annual general transfers.
.............
Sub Head: - Commendatory certificate by Judicial Officers.
Copy of letter No. 2999/RHC Dated 29.11. 1977, addressed to all the District and
Sessions Judges in the State of Punjab, Haryana & Chandigarh.
Sub: -
Issuance of commendatory/character certificate by the Judicial Officers to
the staff working under them.
It has come to the notice of Hon'ble the Chief Justice and Judges that the
commendatory/appreciation/character certificates have been issued by the Judicial
Officers to the staff working under them. This is obviously in contravention of the
Government instructions contained in Circular letter No. 2334-ASI-60/15708, dated
3.5.1960.
The fact is that the commendatory certificates are in the nature of an exception
and should be issued very sparingly, and that the grant of such certificates is narrowed
down to primarily the appointing authority or at least the authority competent to record
confidential report etc., of the officials.
This apart, the issuance of a commendatory certificate would obviously involve
either needless duplication or the publication of the opinion and reports which are
normally to be kept confidential. Moreover, in actual working, the aforesaid practice of
issuing the certificates in question by the Judicial Officers other than the appointing
authority or the authority competent to receive the confidential reports, is not conducive
and pointlessly generate embarrassing demands from the staff for certificates from their
superior officers whether deserved or otherwise.
Hon'ble the Chief Justice and Judges on having gazed and weighed the entire
position, have been pleased to order that the practice of issuance of the
commendatory/appreciation/character certificate by the Judicial Officers (other than the
appointing authority or at least the authority competent to receive the confidential
reports of the officials) to the staff working under them should be discontinued forthwith,
and such like certificates already issued be ignored.
I am therefore, to request you to inform all the Judicial Officers working in your
Sessions divisions accordingly under intimation to this Court.
JUDICIAL OFFICERS
20. Code of Conduct
a) Re: Pressure brought on Judicial Officers
D.O.No.235/RHC Dated 16-6-53
Copy of letter D.O.No. 235/RHC dated 16-6-1953 High Court of Punjab at Simla
From time to time it is brought to the notice of the Honourable Judges that
prominent persons bring pressure to hear upon Magistrates and Subordinate Judges
with the object of having criminal and civil cases decided in accordance with their own
wishes. No action can apparently be taken on such complaints unless specific instances
are brought to the notice of the Honourable Judges. I am, therefore, to request you to
ask all judicial officers under your control to report for the information of the High Court,
any cases in which they are approached by one party or the other or any other person
on their behalf.
Copy of D.O.No.12771-E/VI.Z.21 dated 28-12-1953.
The Hon'ble the Chief Justice and Judges are pleased to express the view that judicial
officers serving under this Court ought not to call upon or otherwise approach directly or
indirectly the Governor or any Minister or Secretary to Government upon any matter
affecting the office or duties of the judge concerned or with the object of securing any
special benefit or privilege for themselves without the sanction of the Hon'ble the Chief
Justice and Judges to be obtained on application to the Registrar of the High Court. I
am to request that all judicial officers in your district(s) be informed accordingly.
Nothing contained in this letter should be construed to prohibit courtesy calls on the
Governor or Ministers of Government either at the headquarters of Government or when
these personages are on tour.
Copy of letter No. 7701 Gaz/XII.F.2 dated 26-4-72 addressed to all the District and
Sessions Judges in the State of , Haryana.
Subject: Interfering or influencing the executive authorities including the police officers
by Judicial Officers in the discharge of their duties.
I am directed to say that it has come to the notice of this court that a Judicial
Officer by writing letters to the executive authorities including the police authorities
caused interference in the discharge of duties by the police officers and this practice
would undermine the confidence of the public, in the judiciary, by giving rise to the
comment that they may in turn be suspectible to influence of parties, who are likely to
appear before them. The Hon'ble the Chief Justice and Judges desire that the Judicial
Officers should refrain from indulgence in such like practices.
I am, therefore, to request you to please ensure that the Judicial Officers posted
in your Sessions Division do not indulge in the such like practices and refrain from
approaching personally or influencing anybody by writing letters to the Executive
Authorities including the police officers in their day to day discharge of duties and strictly
follow these instructions in future.
Copy of letter No. 24950 Gaz.II/XXI.A.5 dated 23-11-1979 addressed to all the District
and Sessions Judges in the State of , Haryana and Chandigarh.
Subject: Representation/Request by Judicial Officers to authorities other than the High
Court.
A public image of undoubted impartiality and unapproachability of the
members of the Subordinate judiciary has always been a matter of special concern for
the Hon'ble Chief Justice and judges and it was in order to uphold and maintain this
image that directions were issued by the High Court in 1974 to all Judicial Officers
serving under this Court, that they should not call upon or otherwise approach directly or
indirectly the Governor or any Minister or Secretary to Govt. or any other high judicial or
Executive dignitary, at the Centre or in the State, upon any matter affecting the officers
or duties of the Judge concerned, or with the object of securing any special benefit or
privilege for themselves or for anyone else, without the prior sanction of the Hon'ble
Chief Justice.
In their true important and context, the directions referred to above, apply not
only to Judicial Officers in their individual capacity, but also to them as representatives
of any Association of Judicial Officers and indeed to Associations of Judicial Officers
too.
The reputation for independence and integrity which has rightly been earned for
itself by the subordinate Judiciary in Punjab and Haryana and the union Territory of
Chandigarh, would indeed be jeopardized, besides the inherent impropriety of it. If
judicial Officers approach any authority other than the High Court, except through the
High Court or with the prior permission of the Hon'ble Chief Justice.
The Hon'ble Chief Justice and judges have consequently been pleased to direct that all
Judicial Officers may be advised accordingly.
Copy of letter No. 747/Conf/RHC dated 4-9-1990 addressed to the District and Sessions
Judge Ambala.
Subject: Celebration of birth day functions of Judicial Officers Children- Inviting the
members of the Bar.
It has come to the notice of this Court that some of the Judicial Officers posted
at Jagadhari invite the members of the Bar at the birthday functions etc. of their
children, while the others do not do so. Presentation of gifts is implicit when a Judicial
Officer invites a lawyer to attend birthday function of his ward, and such lawyers who
give gifts may also exploit the names of Judicial Officers. This act of the Judicial
Officer(s) is improper.
The Hon'ble the Chief Justice and Judges have been pleased to direct you to
advise the Judicial Officers posted at Jagadhari as well as other Judicial Officers
working in your Sessions Division that they should avoid themselves from such
situation.
Copy of letter No. 1205/RHC dated 19-12-1991, addressed to all the District and
Sessions Judges in the states of Punjab, Haryana and Chandigarh.
Sub:
Non-attendance of State functions-Intimation thereof.
It has come to the notice of this Court that the Judicial offi8cers neither attend the
State functions organized on the occasion of Independence day/Republic day etc. nor
they send any intimation for not attending the same to its organizers. You are requested
to direct all the Judicial Officers working under your control to attend such functions. In
case of unavoidable circumstances, they are however, required to send prior intimation
to its organisers through proper channel, that they would not be in a position to attend
such function, for the reasons mentioned therein, as this would also show due courtesy
to the person who has sent the invitation.
The above instructions may be brought to the notice of all Judicial Officers
working under your control for strict compliance.
Copy of letter No. 442/RHC dated 7-5-1992, addressed to all the District and Sessions
Judges in the states of Haryana.
Sub: Non-attendance of State functions by Judicial Officers-Intimation thereof.
Please find enclosed herewith a copy of the Haryana Government circular letter
No. 9/17/91-pol(52) dated 30-3-1992 alongwith a copy of the Notification No.53/59/78PP(6) dated 15-7-1978 for information and circulation amongst the concerned Judicial
Officers in your Sessions Division.
Copy of letter No. 9/17/91-pol(52) dated 30-3-1992
I am directed to address you on the subject noted above and to say that The
Registrar, High Court of Punjab and Haryana has brought to the notice of the
Government that generally the Judicial Officers want to attend the State functions
organised on the occasion of Independence/Republic Day etc. but they are not treated
properly. For instance no proper arrangement is made for their sitting and in such
circumstances they feel embarrassed. It has also been stated that many a time they do
not even receive the invitation cards for such functions.
Government feel that the Judicial Officers should be accorded courtesy and
proper treatment in conformity with their status. I am therefore, to request you that the
order of precedence issued vide Notification No. 53/59/78-PP(6), dated the 15th July,
1978 may be adhered to strictly on the occasion of Independence/Republic Day in
future.
JUDICIAL OFFICERS
Sub Head: - Participation in political functions- guidelines No.
Copy of letter No. 307/RHC dated 5-3-1994, addressed to all the District and Sessions
Judges in the states of Punjab, Haryana and Chandigarh.
Sub:
Participation in political functions-Guidelines for Judicial Officers.
Hon'ble the Chief Justice and Judges have been pleased to order that the
following observations of the Supreme Court passed in Criminal Appeals No. 297 & 299
of 1999against the judgment of this Court in Criminal original Contempt Petition No.17
of 1992 be brought to the pointed notice of all the judicial officers for strict compliance:
“Before parting with these cases we may observe that judicial officers also should
not participate in such inaugural functions which have political colour”.
You are, therefore, requested to bring the aforesaid advice of the Apex Court to
the notice of all the judicial officers working under your control for meticulous
observance thereof.
Copy of letter No. 40/RHC dated 16-1-1969, addressed to all the District and Sessions
Judges in the states of Punjab, Haryana and Chandigarh.
Sub: Regarding visits of the members of the High Court establishment to the Judicial
Officers.
I am directed to say that it has come to the notice of this Court that some members of
the High Court establishment frequently visit the judicial Officers for one reason or the
other which is objectionable and does not reflect well on their integrity. The Hon'ble the
Chief Justice and Judges have taken a serious view of the matter and are pleased to
direct that if any employee of the High Court establishment visits any Judicial Officer in
the District or any Officer subordinate to him in the district, the High Court employee
concerned as also the Judicial Officer or the employee under him to whom the visit is
paid, shall make a report about it to the Registrar of this Court stating the reason or
purpose for which the visit was made. If it is found afterwards that the visit had been
kept secret and the information of the visit has not been given immediately to the
Registrar, an adverse inference will be drawn against every-body concerned and whose
entry of doubtful integrity will be made in the character rolls of the Judicial Officers and
the employees concerned. I am, therefore, to request that a copy of this letter be
forwarded to each one of the Judicial Officer in your District/Division for strict
compliance .
......................
Copy of letter No. 1818/RHC dated 25-10-1975, addressed to all the District and
Sessions Judges in the states of Punjab, Haryana and Chandigarh.
Sub: Visits of the members of the High Court establishment to the Judicial Officers and
Vice Versa.
I am directed to refer to this Court's circular letter No. 40/RHC dated 16 th January, 1969,
on the above subject and to say that it has come to the notice of the Hon'ble the Chief
Justice that in violation of the spirit of the said letter, some Judicial Officers still have
been visiting some members of the establishment of this Court either at their residences
or in the office of the Registry of this Court, accepting tea and snacks from them, and
eliciting some information or seeking some help from the member(s) of the High Court
establishment in connection with their service conditions, transfers, promotions, etc.
opened fresh avenues of corruption. I am, therefore, to request you to inform all the
Judicial Officers, working under you and the members of the lower Courts establishment
that they are not expected to call on the members of the High Court establishment
either at their residences or at any other place or to meet them in the office without the
previous permission of the Chief Justice or of the Registrar and that serious view would
be taken of any such visit or meeting by any Judicial Officer or any member of their staff
to or with any member of the High Court establishment except the Registrar.
It is also desired that all the Judicial Officers should inform the Registrar in writing within
3 days of the receipt of this circular letter if any Judicial Officer has visited or met any
member of the establishment of the High Court either at his residence or in the office or
elsewhere at any time after 15-9-1975. It it is found afterwards that the visit had been
kept secret and the information of the visit had not been given immediately to the
Registrar as desired, an adverse inference will be drawn against everybody concerned
and an entry of doubtful integrity is likely to be made in the character rolls of the Judicial
Officers and the employees concerned. I am, therefore, to request you that a copy of
this letter be forwarded to every Judicial Officer in your District/Division for strict
compliance and their acknowledgments in token of its receipt obtained and forwarded to
this Court.
JUDICIAL OFFICERS
21. Code of Conduct
Not to approach Executive Authority.
No.12771-E/VI.Z.21 dated 28-12-53
No. 7701 Gaz/XII.F2 dated 26-4-72
D.O.No.1250/RHC dated 7-9-74
No.24950/Gaz.II/XXI.A.5 dated 23-11-79
Copy of D.O.No.1250/RHC dated 7-9-1974.
Hon'ble the Chief Justice and Judges are pleased to direct that in supersession of the
directions issued by this Court rearlier, vie D.O.letter No.12771-E, dated 28-12-53,
Judicial Officers serving under this Court ought not to call upon or otherwise approach,
directly or indirectly, the Governor or any Minister or Secretary to Government or any
other High Judicial or executive dignatory, at the Centre or in the State, upon any matter
affecting the office or duties of the Judge concerned or with the object of securing any
special benefit or privilege for themselves or for anyone else, without the prior sanction
of the Hon'ble the Chief Justice, to be obtained on application to the Registrar of the
High Court.
I am to request that these instructions may be carefully noted and all Judicial Officers in
your Sessions Division be informed accordingly. It may also be conveyed that serious
view will be taken of any violation of these instructions.
JUDICIAL OFFICERS.
22. Social functions at their residence.
No.747-conf./RHC dt. 4-9-1990.
(1) Judicial Officers
Training to Judicial Officers
A. Judl./Revenue/Administrative training 16982 Gaz.II
to the entrants to the P.C.S/H.C.S(Judl.Br.) dt. 5-8-1968.
B Training to the New reqruits by D.J's/ 9881,Gaz.VI.C.4
S.S.J on procedural Matters dt. 23-5-1973
C. Imparting of Judicial Traning in important 9175-Gaz./VI.C
legal subject to the newly selected 1-5-1975
candidates at the competetive examination
D. Criminal/Judl. Training toe Asstt Commissioner/ 26669,Gaz/VI.C
Tehsildar 23-2-1975
E. Imparting of Training to the newly selected 5848, Gaz.VI.
Candidates at the competitive examination 25-2-1976
(CIRCULAR LETTER No.16982 Gaz-II/VI.C.4)
Copy of letter dated 5-8-1968 to the address of all the District and Sessions Judges in
the state of Punjab and Haryana.
Subject:-Judicial, Revenue and Administrative training to the entrants to the
P.C.S/H.C.S(Judicial Branch).
I am directed to say that in accordance with the provisions of Rule 6 in Part 'D' of the
Punjab Civil Service (Judicial Branch) Rules, 1951, every candiate has to undergo such
training as may be required of him and if, before he completes training, is appointed as
Subordinate Judge, he has to undergo the said training, while in service. The Hon'ble
the Chief Justice and Judges have now decided that the candidate who may hereafter
be appointed as Subordinate Judge/Judicial Magistrate, should be imparted training in
civil/criminal judicial work, administrative work and revenue work for two months, i.e one
month in civil /criminal judicial work, administrative work and one month in Revenue
work. After the completion of training in civil/criminal judicial work and administrative
work, they will be required to undergo training in Revenue work at the Revenue training
School at Chandigarh. The manner in which the aforesaid training is to be imparted to
these officers and the syllabus thereof is described in detail in the annexure. I am,
therefore, to request you kindly make necessary arrangements for the training in
Civil/Criminal judicial work and administrative work of such newly appointed Judicial
officers as may be posted in your district/division hereafter and to forward in respect of
that training the report to this Court in respect of each candiate at the conclusion of the
said training.
Copy of letter No. 9881 Gaz/VI.C.4 dated 23-5-1973 addressed to the all the District
and Sessions Judges in the state of Punjab, Haryana and Chandigarh.
Subject: Training in Civil/Criminal work and Adninistrative work to the PCS/HCS(Judicial
Branch) officers on their initial appointment.
I am directed to refer you on the above subject and to say that during the course of
inspection of Subordinate Courts by the Hon'ble Judges the records of the cases
revealed that some of the documents had not been properly exhibited in as much as the
stamp containing the particulars was not affixed. Their Lordships have been pleased to
direct that before a new recruit is posted as a Sub Judge, he may be given some
training in these procedural matters by the District Judge or the Sr. Sub Judge so that
such lapses do not take place. I am, therefore, to request you kindly to ensure strict
compliance of the instructions contained in this court's circular letter No. 16982Gaz/II.C.4 dated 5-8-1968(copy enclosed).
Copy of letter No. 26669-Gaz/VI.C.2 dated 23-10-1975 addressed to the all the District
and Sessions Judges in the state of Punjab(except Hoshiarpur), Haryana and
Chandigarh.
Subject: Criminal judicial training to Assistant
Commissioners, Tehsildars etc. (under training).
Commissioners/Extra
Assistant
I am directed by the Hon'ble the Chief Justice and Judges to refer you on the subject
noted above and to say that references from various District and Sessions Judges are
received in this Court from time to time for permission of this Court for imparting criminal
judicial training to Assistant Commissioners Extra Assistant Commissioners/Tehsildars
etc (under training). In order to avoid individual references in such cases by the District
and Sessions Judges it has been decided by their Lordships that the D&S Judges may
allow Assistant Commissioners/Extra Assistant Commissioners/Tehsildars to sit, watch
and study the trial of cases in the Courts of Judicial Magistrates for a certain period and
to discuss particular problems with the Presiding Officers of the Courts.
I am therefore, to requet you to act accordingly if and when a reference is received from
the Commissioner or the Deputy Commissioner concerned.
Endst No. 26670 Gaz/VI.C dated 23-10-1975, Copy forwarded to the District and
Sessions Judge, Hoshiarpur, for information and necessary action with reference to his
letter No. 2505 dated 25-8-1975.
He is requested to act in accordance with the above instructions of this court i the
matter.
Copy of letter No. 3848-Gaz/VI.C.4 dated 25-2-1976 addressed to the all the District
and Sessions Judges in the state of Punjab and Haryana.
Subject: Impartial of Judicial Tranining in important legal subjects to the newly selected
candidates at the competitive examination- Consideration of Schemes of Training
received from Jammu and Kashmir High Court and from the Institute for the Tranining of
Judicial Officers, Maharashtra, Nagpur.
In supersession of the scheme forwarded to you with this Court's circular letter
No. 9175-Gaz/VI.C.4 dated the 1-5-1975, on the above subject, I am directed to enclose
herewith a copy of the scheme, approved by Hon'ble the Chief Justice and Judges of
this Court for imparting training to the newly recruited members of the Punjab Civil
Service/Haryana Civil Service (Judicial Branch), for implementation as envisaged by
rule 6 in part 'D' of the Punjab Civil Service (Judicial Branch) Rules, 1951.
I am, therefore, to request you kindly to make necessary arrangements for the
training in Civil/Criminal Judicial work and administrative work of such newly appointed
Judicial Officers as have been posted or hereafter will be posted in your district/division
and to forward in respect of that training, the report to this Court in respect of each
candidate at the conclusion of the said training.
SCHEME FOR THE TRAINING OF NEWLY RECRUITED MEMBERS OF THE
PUNJAB CIVIL SERVICE/HARYANA BY RULE 6 IN PART 'D' OF THE PUNJAB CIVIL
SERVICE (JUDICIAL BRANCH) RULES, 1951.
A newly recruited judicial officer on first appointment to the Punjab Civil
Service/Haryana Civil Service (Judicial Branch) shall ordinarily be posted at the
headquarters of a District and imparted training in --
i.
revenue work for a period of 7 weeks;
ii.
investigation of cases and application of scientific methods in the detection of
crime by the police for a period of 3 weeks;
iii.
administration and office management for a period of two weeks;
iv.
judicial work for a period of two weeks; and
v.
Fundamental principles related to the administration of Justice for one week.
BRIEF DETAILS OF TRAINING
Training in revenue work
2. Training in revenue work shall be imparted to a judicial officer on first
appointment for a period of 7 weeks as heretofore. This training shall comprised
the following 4 stages:-
Stage I. Introduction to the general outline of revenue work.
State II. Survey work.
State III. Preparation of record, including excerpts.
State IV. Discharge of other functions by revenue officers. The syllabus for each
stage shall be such as the High Court may, from time to time, prescribe in
consultation with the Principal, Revenue Training School, Punjab and the Govt.
of Haryana.
Judicial Officers of the State of Punjab shall be imparted this training in the
Revenue Training School set up by the Punjab Government for the
purpose at Chandigarh, whereas in the case of judicial officers of
Haryana, it shall be imparted under the supervision of the Deputy
Commissioner of the district where they are posted.
Training in investigation of cases & application of scientific method in the
detection of crime by the police. Training in administration and office
management.
3. The newly appointed judicial officers shall, for a period of 3 weeks, undergo a
course of training in investigation of cases and application of scientific menthods
int he detection of crime by the police, in the Police Training College, Phillaur.
4. A judicial officer in training shall for one week carry out the actual duties(other
than that of sitting in Peshi) of each of the following posts in the Courts of the
Senior Sub Judge under the supervision of the incumbent of the post:
(a) Naib Nazir,
(b) Civil Nazir,
(d) Ahlmad
(d) Reader, and
(e)Clerk of Court
In these capacities, he must be made thoroughly acquainted with every register
maintained by the Court and must write every register in the prescribed form in his own
hand. He shall also be required to write out in his processes, parawannas which fail
within the ordinary duties of each official, but no an unnecessary extent after he has
learnt how to draw them up.
ii.
Special attention should be paid to his training in the posts of Civil Nazir and
Ahlmad. The Senior Sub Judge must ensure that the trainee masters the entire
system of Civil Courts accounts and becomes familiar with the rules on the
subject, that he learns all details connected with process-serving and the proper
method of maintaining, arranging and completing judicial records from the
moment of institution until the time of their despatch to the record room. The
trainee must treat the records not in accordance with the practice of the Ahlmad,
which may be erroneous, but in accordance with the Code of Civil Procedure and
the instructions issued by the High Court.
iii.
The District Judge should obtain the permission of the Deputy Commissioner for
the trainee to follow records of decided cases to the District Record Room and to
learn how they are dealt with and to be sent out again when required.
iv.
When working with the Clerk of Court, the trainee must be instructed in the
drawing up of decrees, the preparation of all periodical returns, the drawing up of
salary and contingent bills and the conduct of such correspondence as is carried
on by the office.
V.
After finishing his training in the Senior sub judge's Court, the trainee shall work
for two days with the English Clerk in the District Court and shall be instructed in
English draft and nothing, the filing of correspondence and the compilation of
bills, statistical records and returns and in all other duties pertaining to the post of
the English Clerk, In the Officer of the District Judge he should also for a day or
two, supervise the record room and the copy branch and should be required to
investigate and report upon the state of those branches, e.g. whether destruction
work is up to date, whether copies are supplied without delay, both direct and by
post, and whether the copying fees are properly dealt with and brought into
account.
VI.
The trainee will be attached to a police station selected by the District & Sessions
Judge in consultation with the Superintendent of Police, for a period of two days
to get acquainted with the procedure relating to the lodging of first information
reports and preparation of police diaries. During this period, the trainee will, if
opportunity occurs, remain attached to the Station House Officer through the
investigation of one or two important cases.
Training in Judicial work.
5. A judicial officer shall be given training in judicial work for one week under the
supervision of the Senior Sub Judge and for another under the supervision of the
Chief Judicial Magistrate. Judicial work in which training is imparted under the
supervision of the Senior Sub Judge will include--
(1) The procedure of the courts,
(2) Framing of issues,
(3) Criticizing arguments
(4) Writing orders, and
(5) Recording judgments.
The trainee should sit in Court with the Senior Sub Judge in
order to watch the trial for cases and compare note with him
after court hours.
(ii) Judicial work in which training is imparted under the
supervision of the Chief Judicial Magistrate will include--
(1) The procedure of the courts,
(2) Framing of charges,
(3) Examination of the accused,
(4) Criticizing arguments
(5) Writing orders, and
(6) Recording judgments.
The trainee will sit in Court with the Chief Judicial Magistrate
and which the trial of cases and compare notes with his after
court hours.
General
1. Throughout the training in administration, office management and judicial
work, the trainee should keep a diary stating concisely, hour by hour what
he has done, e.g. number of entries made in each register and of decrees
prepared etc. Each day's diary should be placed before the Senior Sub
Judge/Chief Judicial Magistrate, as the case may be on the morning
following and the Senior sub Judge/Chief Judicial Magistrate, should
forward the same to the District & Sessions Judge with such remarks as
he may wish to make. The trainee should be encouraged to put forward
criticism or suggestions, which may occur to him and to bring up promptly
any difficulties that he may encounter. The District Judge/ Senior sub
Judge/Chief Judicial Magistrate must see that the trainee is supplied with
the copies of the High Court Rules and Order and all circulars and that in
the course of his training he makes himself familiar their contents.
(ii) The Officers in training should make themselves familiar with the
following books, which should be studied during the period of
administrative/judicial training:-
(i) Mogha's Law of Pleadings,
(ii) The Punjab Stamp Manual,
(iii) The Rules and Orders of the High Court excluding colume V thereof
and portions prescribed for the departmental examination,
(iv) The Civil Account Code Volume I and II.
(v) The Rules made by the High Court under section 122 of the Code of
Civil Procedure, and
(vi) Broom's Legal Maxims.
The trainee be required to obtain from the District and Sessions Judge a certificate the
effect that the letter was satisfied that the trainee had studied these books.
iii.
The Senior sub Judge/Chief Judicial Magistrate will make a report on the training
of each officer to the District and Sessions Judge who will forward the same
along with his own report in the matter to the High Court when the period of one
month expires.
Training in fundamental principles relating to the administration of Justice.
7. In order to give basic training to the newly recruited judicial officers in the
administration of justice, lectures will be delivered to them by Hon'ble the Chief
Justice, some of the Hon'ble Judges, the Registrar and the District and Sessions
Judge, Chandigarh on the following subjects:-
(a) Judicial approach.
(b) Relationship Bench and the Bar, and Bench and the public.
(c) Maintenance of decency and decorum in Courts.
(d) Judicial ethics.
(e) Method and manner of recording evidence.
(f) Application of Law.
(g) Art of writing judgment.
(h) Forensic Science.
(i) Study and application of judicial decisions.
(j) Pleadings and Proof.
(k) Eliminating causes of delay in procedures.
(l) Measure of Punishment.
(m) Principles governing exercise or discretion.
(n) Principles to be observed in following procedures.
(o) Principles governing grant of interim relief (injunctions, stay etc. )
(p) Duties and obligations of sub-Registrar.
(g) Pre-trial conferences.
(r) Correctional Sentence. (Probation of offenders).
These lectures shall be delivered during the period when the judicial officers from the
State of Punjab come to Chandigarh to receive training in revenue work. The Registrar
shall prepare a roster in consultation with Hon'ble the Chief Justice and the Principal for
the Revenue training School in such a way that the trainees are spared for a week
during that period for these lectures to be delivered in the premises of the High Court.
The Judicial officers from the State of Haryana shall, so far as possible, be summoned
to Chandigarh for these lectures during the period fixed for such lectures for trainees
from the State of Punjab.
JUDICIAL OFFICERS
24. Casual/Special Casual Leave:
i.
Letter No. 24014 Gaz.II(7)/VI.E19 dated 22-9-78
ii.
Letter No.13709 Gaz.II(2) dated 8-4-2000
Copy of letter No. 24014-Gaz-II(7)/VI.E.19 dated 22-9-1978 addressed to the all the
District and Sessions Judges in the States of Punjab, Haryana and Chandigarh.
Subject: Joining time.
The matter regarding the grant of special casual leave equal to the period of joining time
admissible under the rules was considered by the Hon'ble Chief Justice and Judges,
and the Lordships have been pleased to order that the special casual leave equal to the
period of joining time may be granted as admissible under the rules, but is not availed
of, to those officers who are either required to loin the new place of the posting without
availing of the joining time, or by curtailing the same t the minimum and also those who,
for any reasonable cause, prefer to avail of the same later, but within a period of three
months from the date charge is relinquished.
Copy of letter No. 13709-Gaz.II(2) dated 8-4-2000 addressed to the all the District and
Sessions Judges in the state of Punjab, Haryana and Chandigarh.
Subject: Instruction regarding leave/long leave availed by the judicial officers.
I am directed by Hon'ble the Chief Justice and Judges to refer you on the subject cited
above and to request you that while forwarding the leave applications of the Judicial
officers for more than four days leave/long leave, the District and Sessions Judge
concerned would give his own comments regarding local management of the Judicial
work as to what arrangement has been made by him for attending to the court work in
respect of that Judicial officer.
Judicial Officers.
29. Tours
No. 30380 Gaz.II/XXIX.H.18. Dated 2-12-1985
No. 8773 Gaz.II/XXIX.H.18 dated 5-4-1983.
Copy of letter No. 30380-Gaz.II/XXIX.H 18 dated 2-12-1985 addressed to the all the
District and Sessions Judges in the States of Punjab, Haryana and Chandigarh.
Subject: Prior permission of this Court for combining the casual leave/station earned
leave with tour programmes.
I am directed by Hon'ble the Chief Justice and Judges to refer you on the above subject,
and to invite your attention to this court's instructions contained in circular letter No.
8773 Gaz.II/XXIX.H.18 dated 5-4-1983, whereby ou were required to seek prior
permission of this Court to combine the casual/station/earned leave with your tour
programmes regarding the toning up the administration/inspection of the Judicial Courts
and sub Jail/Lock ups at the sub Division I leavel Station.s However, some of the
District and sessions Judges in the state of Punjab and Haryana have combined the
casual/station/earned leave without seeking the prior permission of this Court, it is
therefore, requested to kindly seek the prior permission of this court to combine the
casual/station/earned leave with your tour programmes. I am also to inform you that if
the violation of the instructions of this Court is found, in any T.A. Bill, then T.A, for such
visits will not be allowed.
Copy of letter No. 8773-Gaz.II/XXIX.H 18 dated 5-4-1983 addressed to the all the
District and Sessions Judges in the States of Punjab, Haryana and Chandigarh.
Subject: T.A Bills.
While Scrutinising the T.A Bills, it has been observed by the Hon'ble Chief Justice and
Judges that the District and Sessions Judges do not seek prior permission of this Court
for combination of casual leave/station leave with their tour programmes and claim
T.A/D.A as a matter of routine. In this connection your attention is invited to note 3 (v)
below Rule 2.42 of the Punjab Civil Services Rules Volume III(T.A. Rules) according to
which, prior permission of this Court is necessary for recording a certificate for
combination of casual leave with the tour on the T.A. Bill.
It is therefore, requested that casual leave/station leave should not be joined with tour
programme without prior permission of this court in future, and no ex post facto
permission will be granted in any case.
Kindly ensure that the aforesaid instructions are complied with strictly.
JUDICIAL OFFICERS
24. Casual leave-- guidelines
No.6721-I/ dt. 22/30.7.1949
No.282/RHC dt. 13-7-1951
No. 599-RHC/XXIX.N.14 dt. 17-12-1953
No.650-RHC-XXIX.N.14 dt.9-1-1954
No.5185-E/XXIX.N.14 dt. 10-4-1954
No.7070/RHC-XXIX .N.14 dt. 2-3-1955
No.7070-E/XXIX.N.14 dt. 29-6-1955
No.12779 Gaz.II(12)/CL dt.6-4-1999
Copy of letter No. 6721-E/XXIX.H 14 dated 22/30-7-1949 addressed to the all the
District and Sessions Judges in the state of Punjab, Haryana and Chandigarh.
Subject: Grant of casual leave to Judicial Officers.
I am directed to address you on the above subject and to enclose an annexure in which
the various orders and amendments issued from time to time in regard to casual leave
are consolidated and brought up-to-date. This annexure is in supersession of all
previous orders and should be carefully studied.
2. It should be remembered that no officer has any title or claim to casual leave,
much less to any particular length of casual leave for, though leave of absence of
this kind has the sanction of rules, the grant of it in any particular instance is an
act of grace. Care should be taken that these instructions are seen by all
subordinate Judges serving under you and carefully studied and that they are
brought to the notice of all new entrants to the judicial Department on first
appointment.
INSTRUCTIONS REGARDING THE GRANT OF CASUAL LEAVE TO JUDICIAL
OFFICERS.
DISTRICT AND SESSIONS JUDGE
1. Under serial No.10 of Appendix C of Fundamental Rules, full powers have been
delegated to the Hon'ble Judges to grant casual leave to District and Sessions
Judges.
A similar delegation has been made in regard to the District and Sessions Judge,
Delhi in the order dated the 11 th June, 1940, by the Chief Commissioner, Delhi,
but the approval of the latter must be obtained by the District and Sessions
Judge in each case before he submits an application for such leave on his own
behalf to the High Court.
2. It should be remembered that officers permitted to recess at hill stations are not
allowed casual leave between the 15 th April and 15th October save for
exceptional reasons. The taking of no recess will, however, be "regarded as n
exceptional reason."
SUBORDINATE JUDGES
1. Under serial no.16 of appendix 12 of the Civil Service rules (Punjab), volume I
part II, full powers have been delegated to the Hon'ble Judges to grant casual
leave to the officers of the Punjab Civil Service under the High Court. Under
serial No.24 of Appendix 17 of the same Rules, powers have been delegated to
District and Sessions Judges in the Est Punjab to grant Subordinate Judges
serving in their districts casual leave upto four days at a time.
A similar delegation has been made in regard to Subordinate Judges serving in the
Delhi province in the Order, dated the 11 th June, 1940, by the Chief Commissioner,
Delhi.
Subordinate Judges permanently posted at hill stations all the year round are subject to
the same rules for the grant of casual leave as the Subordinate Judges posted in the
plains. Subordinate Judges sent temporarily to hill stations for the summer only will not,
however, be granted casual leave exceeding 4 days at a time during that season.
3. Those subordinate Judges who exercise criminal powers will not be granted
casual leave, save for really urgent reasons, if the grant of such leave involves
the adjournment of the hearing of important criminal cases. In all cases where a
subordinate Judge who exercises criminal powers is granted leave, the District
Magistrate concerned must be informed.
4. When casual leave is granted to a Subordinate Judge who is responsible for the
control of monetary transactions by Nazirs, Naib Nazirs, or special Kanungos,
such Subordinate Judge must within a week of his return from casual leave,
forward a certificate to the District and Sessions Judge, that he has carefully
scrutinized the records of all the transactions which took place in his absence
and has satisfied himself that no irregularities were committed.
GENERAL
1. The maximum amount of casual leave which a District and Sessions
Judge/Subordinate Judge may enjoy in a year should not ordinarily be more than
twenty days. This is subject to the condition that more than ten days casual leave
should of be allowed at a time. Each officer should take only one spell of ten
days' casual leave and utilize the balance of ten days in driblets spread over the
year. Leave exceeding for days cannot be granted except in special
circumstances on more than two occasions during the year.
Note: If a period of ten days' casual leave is not taken during any period of twelve
months commencing from the 15th April, it cannot be accumulated and taken
during a subsequent "casual leave" year.
2. Holidays may not be prefixed or affixed to casual leave, but one Sunday, either at
the beginning or end of the leave, may be combined with it. All other holidays shall
be included in the period of leave taken, but such holidays shall be included in the
period of leave taken, but such holidays will not, however, be counted as casual
leave enjoyed.
3. Casual leave may not be combined with the casual vacation of subordinate
Courts and ordinarily casual leave will not be granted so as to end or begin less
than one week before or after the vacation.
4. When an application for a period of casual leave exceeding four days is
submitted to the High Court, the following form must invariably accompany it with
all details filled in by the District and Sessions Judge concerned:-
1. Application for casual leave by__________________________
2. Leave asked for___________days, from__________to___________
3. (a)Gazetted holidays before_________________________________
Gazetted holidays after__________________________________
Gazetted holidays in the middle___________________________
(b) Local holiday’s before___________________________________
Local holidays after ___________________________________
Local holidays in the middle______________________________
4. Number of times leave in excess of 4 days at a stretch has already been taken since
15th April______________________________________
5. Total leave taken prior to present application since
15th April______
6. Place
where
leave
will
be
spent____________________________
7. Pending file on date of application:-
78
Appeals____________________________________
__________
Regular suits (each class to be stated separately)
Small
Cause
suits_________________________________
Insolvency
and
cases________________________
Executions
(regular
and
separately______________
Court
guardianship
small
cause
Note: Each District and Sessions Judge should also furnish a statement showing the
pending file on the date on which he himself applies for casual leave exceeding four
days.
5. Applications for casual leave should be submitted well in advance of the date
from which it is wanted and care must be taken that no cases are fixed for
hearing during the period of absence on leave, District and Sessions Judges
should generally refuse to forward applications for casual leave which are not
made in ample time to permit of a reply from the High Court in the ordinary
course. Unless urgency is proved, unless this condition is fulfilled, such
applications will be summarily rejected when received in the High Court.
Casual leave, for which the sanction of the Hon'ble Judges is necessary, should not be
granted by District and Sessions Judges in "anticipation of sanction" save in case of
grave emergency. Where casual leave has been sanctioned by the Hon'ble Judges, no
subsequent change of dates should be permitted by District and Sessions Judges
without the previous permission of the sanctioning authority. Such applications should,
however, be discouraged in view of the dislocation of work and inconvenience and
expense which the entail to all concerned.
6. All applications for casual leave must state the place where the applicant
proposes to spend his leave. The giving of an address is not sufficient, but an
address for urgent correspondence should always be left with the District and
Sessions Judge.
7. Casual leave may not be spent outside the East Punjab except in Delhi or the
East Punjab States without the special permission of the Judges.
8. Permission to proceed to Kashmir or Kulu during casual leave is only granted
subject to the condition that if leave is overstayed for any reason, such as a
break-down on the road due to floods or land-slips, etc. the entire period of leave
taken will be debited to the officer's ordinary leae account and not merely that
portion of it by which he has overstayed it.
9. When an officer is compelled by circumstances to ask for the grant of casual
leave by telegram, he should in no case forward postage stamps to meet the cost
involved. The cost of the telegram sent to in reply will always be intimated to him
and he should thereupon make the necessary deposit in the local Treasury,
informing the High Court (through the proper channel) that this has been done.
10. In the case of Judicial officers of the rank of a District and Sessions Judge or
Additional District and Sessions Judges absence owing to sickness does not
require the grant of casual leave and the following procedure should be
observed:If the absence from Court does not exceed four days, it need not be
reported to the High Court, and the officer will be treated as being
on duty. If the absence is or likely to be more than four days, it
should be reported to the High Court with a medical opinion on the
possible length of the absence. The Hon'ble Judges will then
decide whether the officer should take regular sick leave and a
substitute be appointed in his place or whether the report should
merely be filed.
So far as subordinate Judges are concerned, absence, owing to sickness, will be
treated as casual leave upto a limit of ten days. If the absence is longer than that, the
officer is liable to be required to take ordinary leave on a medical certificate.
11. When the period of casual leave including holidays is less than ten days and the
working days are not in excess of four days, the period will not be regarded as
one exceeding four days at a time. In this case the sanction of the Hon'ble
Judges, however, must be obtained.
12. When an officer wishes to cancel casual leave, which has been sanctioned, it is
necessary for him to inform this Court about the cancellation, in order that the
casual leave account may be adjusted. If no reply is received, it should be
assumed that the casual leave has been cancelled and the necessary
adjustment made in the account kept in the High Court. A similar adjustment
should also be made in the casual leave account kept in the District and
Sessions Court.
The attention of officer should be drawn to the undesirability of cancelling casual leave
at very short notice as such cancellation may result in the officer being left with little or
no work to do. When cancellation at short notice occurs, the District and Sessions
Judge should satisfy himself that it has been possible to arrange sufficient work for the
period of the cancelled casual leave and, if this has not been possible, he should report
the fact to the High Court for orders.
Copy of letter No. 282-RHC/XXIX.N.14 dated 13-7-1951 addressed to the all the District
and Sessions Judges in the state of Punjab.
Subject: Grant of casual leave to Judicial Officers.
I am directed to refer to this Court's circular letter No. 6721-E/XXIX.N.14, dated the
22nd/30th July, 1949, forwarding a copy of the instructions on the above subject and to
say that in partial modification of these instructions the Hon'ble the Chief Justice and
Judges have been pleased to direct that District and Sessions Judges may proceed on
casual leave, admissible to them under the rules, without obtaining the previous
sanction of the Hon'ble Judges, but that all periods of casual leave so taken should be
reported to the High Court immediately for information and for purposes of keeping the
casual leave accounts of officers up-to-date.
2. I am to add that Additional District and Sessions Judges and Subordinate Judges
may be granted casual leave, admissible to them under the rules, by District and
Sessions Judges subject to the instructions mentioned above. Casual leave so granted
to those officers should also be reported to the High Court for information and record.
3. I am further to add that the general rules regarding grant of casual leave and the
instructions mentioned above should be strictly followed and no casual leave should be
taken by District and Sessions Judges and Subordinate Judges un-loss it is clearly
admissible.
Copy of letter No. 599-RHC/XXIX.N.14 dated 17-12-1953 addressed to the all the
District and Sessions Judges in the state of Punjab.
Subject: Instructions regarding the grant of casual leave to Judicial Officers.
I am directed by the Hon'ble the Chief Justice and Judges to refer to this Court's circular
letter No. 282/RHC-XXIX.N.14, dated 13-7-1951, which provides inter alia admissible
casual leave to them under the rules, without obtaining the previous sanction of the
Hon'ble Judges and that Additional District and Session s Judges and Subordinate
Judges may be granted casual leave, admissible to them, by District and Sessions
Judges, subject to the general instructions on the subject.
2. In partial modification of the instructions contained in the letter under reference,
the Hon'ble the Chief Justice and Judges have been pleased to direct that in
cases of emergency District and Sessions Judges may proceed on casual leave
not exceeding four days without the previous sanction of this Court. All periods of
casual leave so taken must, however, be reported to the High Court for
information and for purposes of keeping the casual leave accounts of officers upto-date. Leave exceeding 4 days should on no account be taken without
obtaining the previous permission of this Court. The general instructions
forwarded with this Court's circular letter No. 6721-E/XXIX.N.14 dated the
22nd/30th July, 1949, should be followed while forwarding casual leave
applications for sanction.
3. I am to add that in cases of emergency District and Sessions Judges may also
allow casual leave not exceeding four days to Additional District and Sessions
Judges posted in their divisions. All periods of casual leave so sanctioned ibid,
however, be reported to this Court for information and for purposes of keeping
the casual leave accounts of the officers concerned up-to-date. All applications
for casual leave by District and Sessions Judges and Additional District and
Sessions Judges except those mentioned above (i.e. applications for casual
leave not exceeding 4 days in cases of emergency should, however, be
forwarded to the High Court for sanction. I am further to add that subordinate
Judges may be granted casual leave, admissible to them under the rules, by
District and Sessions Judges subject to the general instructions forwarded with
this Court's circular letter, dated the 22 nd/30th
July, 1949 mentioned above.
Casual leave so granted to these officers should also be reported to the High
Court for information and record. Applications for casual leave exceeding four
days at a time should, however, be forwarded to this Court for sanction, as was
done prior to the issue of this Court's circular letter, and dated the 13th July, 1951,
under reference. The procedure outlined in the instructions forwarded with the
circular letter, dated the 22nd/30th July, 1949 in this behalf should be revived.
Copy of letter No. 650-RHC/XXIX.N.14 dated 9-1-1954 addressed to the all the District
and Sessions Judges in the state of Punjab and Delhi.
Subject: Instructions regarding the grant of casual leave to Judicial Officers.
I am directed by the Hon'ble the Chief Justice and Judges to refer to the instructions
regarding the grant of casual leave to Judicial Officers, forwarded with this Court's
circular letter No. 6721-E/XXIX.14 dated the 22nd/30th July, 1949, paragraph 5 (under
the head 'GENERAL') of which provides inter alia that applications for casual leave
should be submitted well in advance of the date from which it is wanted and care must
be taken that no cases are fixed for hearing during the period of absence on leave. It
has come to the notice of the Hon'ble Judges that these instructions are not being
complied with and that some officers proceed on casual leave at short notice and in
anticipation of sanction, even though this involves the inevitable postponement of cases
fixed for hearing in their Courts and puts the parties to unnecessary trouble and
expense. The Hon'ble the Chief Justice and Judges have, therefore, been pleased to
direct that, save in exceptional circumstances, applications for grant of casual leave
should be made well in advance, that no cases should be fixed for hearing during the
period of absence on leave and that officers should not proceed on leave unless
sanction of the sanctioning authority is received. I am to request that these instructions
be brought to the notice of all Judicial Officers in your district(s) and they be asked to
follow them strictly in future.
Copy of letter No. 5185-RHC/XXIX.N.14 dated 10-4-1954 addressed to the all the
District and Sessions Judges in the state of Punjab and Delhi.
Subject: Grant of casual leave to Judicial Officers.
I am directed by the Hon'ble the Chief Justice and Judges to refer to this Courts circular
letter No. 6721-E/XXIX.14, dated the 22nd/30th July, 1949, on the above subject and to
sya that for the form referred to in paragraph 4 under the Head "General" of the
"Instructions regarding the grant of casual leave to Judicial Officers" the enclosed form
may be substituted.
2. The Hon'ble the Chief Justice and Judges are anxious that, save in exceptional
circumstances, applications for the grant of casual leave for a period exceeding four
days should be submitted well in advance of the date on which the officer proposes to
proceed on leave and that the grant of leave should not involve the adjournment of
cases already fixed. I am accordingly to request that while submitting or forwarding
applications to this Court you should state whether any work has been fixed on the
dates for which the officer proposes to be on leave and, if so, whether these are strong
reasons for adjournment of the same.
ENSLOSURES:
FORM OF APPLICATION BY JUDICIAL OFFICERS FOR CASUAL LEAVE.
1. Name of Officer.
2. Date of application.
3. The date on which the casual leave is to commence:
4. Period of casual leave applied for:
5. Number of Holidays (both Gazetted and local) falling during the period of casual
leave with dates.
6. Period of casual leave already enjoyed during the casual leave years, indicating the
number of times leave in excess of 4 days taken at a stretch:
7. Whether any work has been fixed on the days for which the officer proposes to be on
leave:
8. Reasons, if any, for delay in submitting the application:
9. Reasons for leave:
10. Place where casual leave will be spent and the address while on leave.
11. Pending file of the various classes of cases on the date of application.
12. Recommendation of the District and Sessions Judge, where necessary.
Copy of letter No. 107-RHC/XXIX.N.14 dated 2-3-1955 addressed to the all the District
and Sessions Judges in the state of Punjab and Delhi.
Subject: Instructions regarding the grant of casual leave to Judicial Officers.
I am directed to refer to paragraph 10 of the instructions concerning the grant of casual
leave to Judicial Officers forwarded to you with this Court's circular letter No. 6721E/XXIX.14 dated the 22nd/30th July, 1949, and to say that in partial modification thereof,
the Hon'ble the Chief Justice and Judges have been pleased to decide that District and
Sessions Judges and Addl. District and Sessions Judges should, in future, submit a
report to the High Court even if the period of their absence from Court due to illness
does not exceed four days. I am to request that the change in paragraph 10 of the
instructions be brought to the notice of Additional District and Sessions Judge if any in
your District or Division.
Copy of letter No. 7070-E/XXIX.N.14 dated 29-6-1955 addressed to the all the District
and Sessions Judges in the state of Punjab and Delhi.
Subject: Grant of casual leave to Judicial Officers.
I am directed by the Hon'ble the Chief Justice and Judges to refer to this Court's Endst.
No. 10868-E/XXIX.N.14 dated the 17th Dec. 1948 and to forward herewith, for
information, necessary action and communication to all concerned, a copy of Punjab
Govt. Circular letter No. 1841-G/55/10529, dated the 3rd March, 1955. I am to add that it
has been decided to substitute the following sentence for the last sentence of paragraph
1 (above the note thereto) under the head "General" of the instructions forwarded with
this Court's circular letter No. 6721-E/XXIX.N.14 dated the 22nd/30th July, 1949, on the
above subject and to request that all concerned be informed accordingly:-
"Leave exceeding four days (including a spell of ten days casual leave)
cannot be granted except in special circumstances or more than two
occasions during the year."
Copy of letter No. 1841-C-55/10529 dated 3-3-1955 from Chief Secretary to
Government, Punjab, addressed to this Court.
Subject: Grant of casual leave.
I am directed to invite a reference to the instructions issued with Punjab Government
Circular letter No. 6218-G-48/53713, dated the 4th October, 1948, on the subject noted
above, in which it was laid down that leave exceeding 4 days should not be granted,
except in special circumstances and with the sanction of the competent authority on
more than two occasions during the year. It has come to the notice of Government that
leave exceeding four days is granted by some departments’ twice in a year in addition
to a spell of ten days casual leave. This practice is wrong. The intention of the
instructions contained in Punjab Government circular under reference read with clause
(2) of rule I of Rules for the grant of Casual and quarantine Leave as given in Appendix
17 of the Punjab Civil Service Rules, Volume I, Part II is that leave exceeding four days
(including a spell of 10 days' casual leave) should not be allowed for more than two
occasions during a year in the ordinary course. I am, therefore, to request that these
instructions may strictly be complied with while considering applications for the grant of
casual leave.
Copy of letter No. 12779 Gaz.II(12)/CL dated 5-4-1999 addressed to the all the District
and Sessions Judges in the state of Haryana.
Subject: Grant of casual leave to the Govt. Employees in the State of Haryana.
I am directed to refer you on the subject noted above an to forward herewith a copy of
letter No. 28/11/89-2GSII dated 22-3-1999 received from the Haryana Govt. for
information and necessary action.
Copy of letter No. 28/11/9-2GSII dated 22-3-1999 from Chief Secretary to Government,
Haryana, addressed to this Court.
Subject: Grant of casual leave to the Govt. Employee in the state of Haryana.
I am directed to refer to your letter No. 37158-Gaz.II(12) dated 23-12-98 on the above
subject and to say that it is not quite correct to say that the pay of Judicial Officers has
not been revised. Your kind attention is invited to the instructions dated 9-3-1998 issued
by the Finance Deptt. According to these instructions interim relief at the rate of 40% on
basic pay plus DA as on 1-1-96 has been granted to all the categories of the Judicial
Offices in the Haryana State, on the recommendations of the first National Judicial Pay
Commission. This interim relief has been made effective from 1-7-96 and is fully
adjustable and is integral part of the package that may become admissible to all the
Judicial Officers on the final recommendations of the first National Pay Commission.
When the State Govt. Would extends the benefit of the recommendations of the Judicial
Commission to the Judicial Officers, this interim relief granted w.e.f. 1-7-96 will be
appropriately adjusted. The interim relief afforded is very substantial and it may be said
that the benefit of the pay revision occasioned by the 5 th Pay Commission has accrued
to Judicial Officer Substantively, in spirit if not in letter.
As the Judicial Officers in the Haryana State have since been granted interim relief,
which is substantial and in any case they will get full revision of pay w.e.f. 1/1/96 itself
through arrears, the Govt. Has accordingly decided that the instructions dated 11/8/98
containing the revision of the entitlement of the casual leave are also applicable to the
Judicial Officers of the Haryana State.
(1) Judicial Officer
Earned Leave
A. Submission of application for grant of earned 3291.Gaz.II
Leave by judicial officer. dt. 3-3-1969
B. -do- -do- 1425.Gaz.II dt. 3-3-1969
C. 23170.Gaz.II dt. 5-9-1991
D. 14607.Gaz.II dt. 9-6-1992
E. 27715.Gaz.II dt. 11-11-1993
F. 14072.Gaz.II dt. 2-6-1994
G. Raising the maximum limit of accumulation 7565.Gaz.II of earned leave from 360
days to 450 dt. 16-3-1998
H. -do- -do- 34008.Gaz.II dt. 28-11-1998
Copy of letter No. 3291 Gaz-II dated 3-3-1969 addressed to all the District and Sessions
Judges in state of Punjab, Haryana and Chandigarh.
Subject: Submission of Application for the grant of earned leave by Judicial Officers.
It has come to the notice of Hon'ble the Chief Justice and Judges that application for the
grant of earned leave submitted by Judicial Officers reach this court very late and
sometime after the date from which the leave is to commence. Owing to their late
receipt, orders sanctioning leave cannot conveyed in time as a result thereof either the
officer concerned has await orders sanctioning leave or he proceeds to leave without
any order and the very purpose or prior sanction of leave is defeated. The practice of
sending such leave applications to this Court with a short notice should be discouraged
and an officer applying for leave must obtain prior sanction of this Court while
proceeding on leave. I am, therefore, to request you to inform all the Judicial officers
working under you that the applications for the grant of earned leave, in the prescribed
form, should be submitted well in advance so as to reach this Court duly recommended
by you at least a fortnight before the date of the commencement of the leave, so that
orders granting leave are passed and conveyed to you in time. I am also to add that any
leave application for the grant of earned leave not submitted in the prescribed form or
without your recommendation or received in this Court after the stipulated period, unless
for special reasons beyond one's control recorded there-in may not be entertained. In
case such an application for good reasons given is entertained, but for lack of time, the
sanction is conveyed by telegram, the cost of such communication may be recovered
from the officer concerned.
Such applications, in your office, should be treated as urgent and processed and
dispatched within 24 hours of its receipt.
Copy of letter No. 1425 Gaz-II/VI.J dated 28-1-1980 addressed to all the District and
Sessions Judges in the state of Punjab, Haryana and Chandigarh.
Subject: Submission of applications for grant of earned leave by the Judicial Officer-time
limit.
Ref: This Court's letter No. 3291-Gaz.II/ dated 3-3-1969.
The applications of Judicial Officers of the grant of earned leave re received in this court
very late and sometimes after the date from which the leave is to commence. In order to
obviate this difficulty general instructions in this behalf were issued by this Court vide
letter No. 3201-Gaz.II, dated 3-3-69 that the applications for the grant of earned leave in
the prescribed form, should be submitted well in advance so as to reach this court duly
recommended by you at least a fortnight before the date of the commencement of the
leave, so that orders granting leave are passed and conveyed to you in time. Kindly
bring the aforesaid instructions to the notice of all the judicial officers working under
control for strict control.