Section 5 in The Appellate Side Rules of The High Court at Calcutta
5. Order on all correspondence and on all returns and statements (not being returns to precepts and judicial orders or explanations called for by particular Judges or Benches) shall ordinarily be passed under his powers, as hereinafter specified, by the Judge in the Administrative Department (or by the Registrar under his superintendence):
[Provided that the sessions statement which is required from each Sessions Judge at the close of every month shall be submitted for the orders of the Judges of the Division Bench sitting for the disposal of the Criminal Business or such other Judges as the Chief Justice may direct. This statement will, hoWever, be dealt with by such Judges from the judicial point of view only, and when returned by them, will be laid before the Judge in the Administrative Department, whenever any orders are required on any administrative questions (including delays in commitment) in connection with the statement.] [For the procedure to be followed in the office in dealing with this statement, see Proceedings for April 1918, No. 77.][6. The Judge of the Administrative Department is empowered to pass orders in the following matters, namely:(a)matters arising out of the review of all periodical returns and statements furnished by the Subordinate Civil and CriminalCourts, and also sessions statements in the manner provided in the proviso to Rule 5;(b)the posting, transfer and the grant of leave to the members of the Higher Judicial Service:[Provided that in respect of the posts of - (i) Secretary, Additional Secretary and/or Joint Secretary, Judicial Department; (ii) Secretary, Additional Secretary and /or Joint Secretary, Legislative Department; (iii) Legal Remembrancer, Additional and /or Joint Legal Remembrancer; (iv) Chief Judge, City Civil and Sessions Courts; (v) Chief Metropolitan Magistrate; and (vi) District and Sessions Judge, 247Parganas, the selection shall be made, in the first instance, by the Judge of the Administrative Department in consultation with the Chief Justice, such selection be circulated to all the Judges, and, if no objection is raised by any Judge, it shall be deemed to have been approved by all the Judges, and in case any such objection is raised, the matter is to be decided at a meeting of all the Judges;] [[Substituted by Notification No. 2559-G, dated 26.03.1971. Earlier it read as under:'6. The Judge in the English Department is empowered to pass Orders on the following matters, namely :(a)matters arising out of the Review of all periodical returns, and statements furnished by subordinate Civil and Criminal Courts, and also Sessions Statements in the manner provided in the proviso to Rule 5 above;(b)the posting and promotion of, and the grant of leave to, persons belonging to the Subordinate Civil Judicial Service;(c)recommendations to Government for the appointment of Assistant Sessions Judges and for the investiture of Subordinate Judges and Munsifs with extraordinary powers, e.g. powers under the Indian Succession Act (XXXIX of 1925), the Land Acquisition Act, etc.;(d)applications and routine references connected with the admission and enrolment of Pleaders and Mukhtars under Act XVIII of 1879;(e)all other correspondence not relating to matters Judicial, or to Orders of other Judges, unless there be, as to any subject, and express Rule to the contrary, or unless the importance of the subject may render it, in his opinion, fit to be laid before a greater number of Judges.'.]](c)the posting, transfer and the grant of leave to the Assistant District Judges and Munsifs; .(d)vesting MunsifS with higher powers or with powers under the Provincial Small Causes Court Act; and(e)recommendations to the State Government for vesting Assistant District Judges and Munsifs with powers under the. Indian Succession Act, the Land Acquisition Act and other Statutes under which the State Government is to vest Subordinate Judges and Munsifs with powers.]Special Committees
