Section 490 in Civil Court Rules of the High Court of Judicature at Patna
490.
The character, qualifications, and official merits of the several subordinate Judicial Officers should be made the subject of a separate report, in which the work done by, and the result of appeals from, each officer ought to be analysed and commented upon, only as aids to forming a judgment as to their respective deserts and fitness for promotion. This is not, however, to debar District Judges from recording in their Administration Reports any instance of special and distinguished merit on the part of any subordinate officer, which they consider deserving of special mention and entitling the person indicated to the favourable notice of the Court or of Government. [G.L. 3/61, G.L. 1/62.]Note 1. - Such reports should set out clearly and tersely sufficient particulars to enable the Court to form a correct and definite judgment on the merits of the officer reported on; and to ensure this, it is necessary that they 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. District Judges should form a clear and reasoned estimate of the merits and demerits of the officers under them and express their views clearly and fully. Where a District Judge has seep 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 full reports being submitted in the following year. Where the District 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 District Judge should obtain from the Judge of the district and submit the report required by this rule. Where a District Judge has seen something of 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 that officer concerned should be informed that his efforts at improvement have been noticed. If the confidential report 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. 12, dated 11.8.1972.]Note 2. - Reports on the merits of an officer should invariably state whether the officer exercises effective control of his office and of any departments which may be in his charge.
