Section 241 in Criminal Court Rules of the High Court of Judicature at Patna
241.
The character, qualifications, and official merit of [x x x] [Deleted by G. S. No. 79.] Magistrates should be made the subject of a separate report by Sessions Judges [x x x] [Deleted by G. S. No. 79.]. In such report the work done by, and the result of appeals [and revisions] [Inserted by G. S. No. 79.] from, each magistrate should be analysed and commented on only as an aid to forming a judgement as to their respective deserts and fitness for promotion. This does not debar Sessions Judges from recording in their Administration Reports any instance of special and distinguished merit on the part of a subordinate Magistrate which they consider deserving of special mention and entitling the person indicated to the favourable notice of the Court or of Government.Note 1 - The report should set out clearly and tersely sufficient particulars to enable the Court to form a correct and definite judgement on the merits of the officer reported on; to ensure this, it is necessary that it should indicate any special merits or defects which may exist in his case. In case of a very bad report it is desirable, if possible, that the unfavourable trait should be very briefly illustrated. Sessions Judges should form a clear and reasoned estimate of the merits and demerits of the officers under them and express their view clearly and fully. Where a Sessions Judge has seen little or nothing of the work of any officer under him, he should say so in reporting to the High Court and should take steps to ensure a full report being submitted in the following year. Where the Sessions Judge has been newly posted to the district, he should submit to the Court the report or opinion recorded by his predecessor and when the subordinate officer has been transferred from another district, the Sessions Judge should obtain from the Judge of that district and submit the report required by this rule. Where a Sessions Judge has seen an officer's work, he should record something more than such vague general expressions as "satisfactory", "good" "unsatisfactory", "bad" or the like. [If at the time of submitting the confidential report it is found that an officer has taken steps to remedy any defect previously reported, mention should be made of this fact also in the report, and then with the court's concurrence, the officer concerned should be informed that his efforts at improvement have been noticed. If the confidential reports on the work and character of Subordinate Judicial Officers contain remediable defects or any adverse remarks regarding an officer which in the opinion of the High Court should be communicated to him for his guidance and correction, a transcript of the remarks will be sent by the Registrar directly to the officer concerned] [Substituted by C. S. No. 5.].Note 2 - Reports on the merits of an officer should invariably state whether he exercises effective control over his office.[Note 3 - The Sessions Judges may call the report in this behalf from the Chief Judicial Magistrates and from the Sub-divisional Judicial Magistrates in case of outlying stations.] [Inserted by C. S. no. 79.]
