Short title and Commencement.
Authority Competent to make the apoointment.
Method of Appointment and Gualification HIGH COURT CF HIMACHAL PRADESH AT SHIMLA.
No. HHC/E.S.-1/71- Dated March 22, 1978 In exercise of the powers conferred by Sub Section (3) of Section 18 of the Himachal Pradesh Courts Act, 1976 (Act No.23 of 1976), the Hon'ble the Chief Justice and Judges of this Court, after obteining previous approval of the Covernor of Himachal Pradesh, are pleased to make the following rules relating to the appointment and control of the Superintendents of the Courts of District and Sessions Judges in Himachal Pradeshi-~ le (i) These rules may be called the appointment and Control Rules of Superintendents to the District and Sessions Judges in Himachali Pradesh.
(ii) These rules shall come into force at onceée Ze (i) There shall be as many costs of the Superintendents as there may be Sessions Divisions in the State of Himachal Pradesh.
(ii) The posts of Superintendents to the District end Sessions Judge shall carry the scale of pay as may be sanctioned by the Himachal Pradesh Government from time to time. The existing strength of the posts of Superintendents with their pay scales is shown in Annexure "A", cry The appointment to the post of Superintendents to the District and Sessions Judge whether sermanent or officiating shall be made by the Chief Justice and Judges of the High Court.
46 (i) The High Court shall maintain a Panel of Candidates accepted for appointments as Superintendents. This list shall ordinarly contain such number of candidates as can be absorbed within two years.
(ii) The post of Superintendent to the District and Sessions Judges shall be a selection post and shall form 4 State cadre.
Confirmation transfer and leave etc.
Leave Transfer 2-2-3 * (iii) The Superintendent Grade-II in the courts subordinate to the High Court with a minimum educational qualification of graduates from a recognised university shail form a feader category for the post of Superintendents.
Note:— However, this sub rule shall not apply to these candidates who have already been appointed as such on reguler basis.
as (2.v) The selection to the post of Superintendents will be made on the basis of service record and cral examinations, ad ( v) (o0eee.deleted)
5. (i) Every person appointed as Cuperintendent to the Court of District and Sessions Judge shall be on probation for a period of two years. This period of probation may be extended by the Chief Justice and the Judges for a maximum period of another one year for reasons to be recorded in writings
(ii) A person who has been declared by the Chief Justice and the Judges, on the recommendations of the District and Sessions Judge concerned, to have satisfactorily completed his period of probation may be confirmed as Superintendent subject to the evailability of permanent post. In case of unsatisfactory work and conduct, the official can be reverted to the post which he held prior to his appointment as Superintendent.
(iii) The District and Sessions Judge concerned will be ccmpetent to grant leave of any kind to the Superintendent of his Court provided that where a substitute is to be apoointed, the application for leave shall be referred to the Chief Justice and the Judges of the High Court for sanction.
(iv) The Superintendents to the District and Sessions Judge will be liable to transfer under orders of the Chief * Substituted by IInd Amendment vide High Court Notification.
NOeHHC/R-5-1/71, Gated 20,1.1996.
** Deleted by IInd Amendment vide High Court Notification Noe HHC/R-5-1/71, dated 20.1.,1996.
*e* Substitued vide III Amendment dated 9-1-1998 Notification No.HHC/i-5-1/71 dated 9-1-1998 Penalty and Disciplinary Authorities Residuary Matters Justice and the Judges of the High Court from one Sessions Division to another.
6. (i) The Superintendents to the District and Sessions Judges shall in matters relating to discipline, punishment and appeal, be governed by the Paneraieceoees (Classificati- -on Control and Appeal) Pules, 1965 as are applicasle to Himachal Fradesh or such other rules es the Government of Himachal Pradesh may hereafter make in this behalf provided thats=
(i) The District and Sessions Judge may impose on his Superintendent the punishment of (a) censure; (b) recovery from his pay of the whole or part of any pecuniary iess caused by him to the Government by negligence or breach of order and
(c) withhelding of increments of pay. The power to impose all other punishments shell vest in the Chief Justice and Judges, but such powers may be exercised by the Judge Incharge of the Administrative business of the High Court or a Judge nominated by the Chief Justice in this behalf.
(ii) An appeal acairst the order of the District and Sessions Judge imposing any penalty aforesaid shall lie to the Chief Justice and Judges and such appellete power may be exercised by the Judge Incherge of the Administrative business of the High Court or a Judge nominated by the Chief Justice in this behalf.
(iii) An appeal shall lie against the order passed by the Judge Incharge of the Administrative business of the High Court or a Jydge nominated by the Chief Justice under sub pare (i) to the proviso to this rule to a bench of two Judges to be nominated by the Crief Justice.
Te (4) In respect of such matters regarding the conditions of service for which no provision or insufficient Provision has been made in these rules, the rules or orders for the time being in force and applicable to the servent holding corresgonding posts in connection with the service and affairs of the State of Himachal Fradesh shall regulate the conditions of such service.
g-4—3
(ii) The Chief Justice and the Judges subject to the prior approval of the Governor reserve to themselves the right to relax the provision of any of these rules in their Giscretion.
(iii) On the dete on which these rules come inte force, the corresponding rules pertaining to the appointments of the Clerks of Courts contéined in Chapter i8-1, Vol.i of the High Court Rules and Crders as applicable to Himachal Pradesh and the corresponding rules contained in the Civil Courts Establishment (Appointment and Conditions of service) Rule shall stand repealed.
By Order ( HeD. Kainthla ) REGISTRAR * ANNEXURE = "A" List of the posts of Superintendents provided for the Courts of District and Sessions Judges in Himachal Fradesh.
Sr.No. Post Court for which post sanctioned.
ie Superintendent District & Sessions Judge, Shimla.
26 -do-=- Nahar.
36 -do~ Hamirpur.
4. -do- Mandi.
Sv -—do= Kangra.
60 -do- Solan.
Voy -do= Chamba.
Bo -do- Unae 9e -do= Bilaspur.
Oe -do~ Kinnaur at Rampur.
* Substituted by IInd Amendment vide High Court Notification No. HHC/R-5-i/7l-, dated 20.1.1996.
No.
HIGH COURT OF HIMACHAL PRADESH AT SHIMLA...» LE MO | . Dated 9th January, 1998, N O J) ie ATION _ In 2xercise of tha powers conf errad by Sub Section (3) of Section. 1B of the Himachal Pradash Courts ‘act, 1976 (ast 1 23 of 1976), ‘the Hont ble the Chief Justice _and Judges of ehis High Court. are pleased. t to maka the following amendment. ini* the Rp pon ater and Gontrol. of the _ Superintendents of the Courts of District and’ SseePhns guagee in Himachal eyacch, Rules, 1978" as amended by the a” The Appointment and Gon tad (2nd “Amendmaat) Rules of Superintand.
vaitse £8 tha Dyeraac ane Sassions Judges in Himechal pradesh, 1995":- - a | | 4 een E oe le Short title 1(i) These rules shall be called “The and ; “Appointment and Gontrol of Suparincommencement, | .' tendents’to the District. and . - i+ “= Sassions Judges. (3rd Amendment).
Rules, 1998."
“>. (ii) These rules shall come into "33. 0+ force with immediate effect. ly a a Ze i i In Rule-4 the existing sub Rule . (iv) shall be substituted by the following sub rule;- so, a ee
(iv) " The pein ceret to the post of Superintendent will be made on the basis of sarvie ce record and oral examinatz ion. * BY ORDR OF HON'BL2 THS CHESE.
JUSTIGE AND JUDGES.
(K-C.Neyji) District & Sessions Judye(R) Pasay Ends t.No« plore aU Tds l- Jauelast a Davad | ad 9. le 1998 eGopy fdrwardad tbo yes yet aleass ek) ree wore sata Qe reek get ° (Ajet bul 3 i eat dey a e La e Cas ee =fite que) 3 ‘io.
B22! & ls =o oe fen . e { The Special’ Secretary, foc thisé Hon'ble Chi af Justice pian goes of Himachal Pradesh.
i , Me i eS “ALD: ae District & Sessions Judyes in Himachal 4 yas Prades e . if Da ‘The Lieb nied Sessions Judge @y uae deco?
Himachal aiegent 7 wet t .
es cis ihe “The. Seon atary. (Law). tavobihan€’ of HPs the Addl. Registrars High ‘Court oft. Pe ALL { the! Dy Registrars / Assistant Aeyistrars/ -Gourt Secretarjes{Secretari es /Readers / STUNG STINE fitgh eee of H.P.
Chief Librarian, High Court ‘of H.P. ‘gh ‘Editor ~ILL.R (H-P. Series)! tigh Court of H.P. 3 P,Ss Ragistrar/’ Megistrer(v) High Gourt of, Himachal’ Pradeh.
‘The Controliér’ ae ‘Printing /and Stationary “Daparthent, ‘HsP. SSiinla for publication in the Himachal, Pradash: Rajpatra with the raquast: that: one “Soby of the publication be " anderes2d_ to. ae Re eyis try » “Guard file .
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