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NCT Delhi - Act

DELHI JUDICIAL SERVICE RULES, 1970

DELHI
India

DELHI JUDICIAL SERVICE RULES, 1970

Rule NO-F-L-L-170-JUDICIAL-II- of 1970

Published in Delhi Gazette on 27 August 1970
Commenced on 27 August 1970
[This is the version of this document from 27 August 1970.]
[Note: The original publication document is not available and this content could not be verified.]

No.F.l(l)170-JUDICIAL (II): - In exercise of the power conferred by the proviso to Article 309 of the Constitution read with the Government ofIndia , Ministry of Home Affairs's Notification No .1I2170/DH(S), dated the 29 th May, 1970 as amended by Notification No.F.1I2170-DH(S), dated the 25 th July, 1970 and all other powers enabling him in this behalf, the Lieut. Governor, Delhi, in consultation with the High COUli of Delhi is pleased to make thefollowing rules, namely: -.

Part I – GENERAL

1. SHORT TITLE AND COMMENCEMENT: -

(1)These rules may be called the Delhi Judicial Service Rules and they shall come into force from the date of publication in the Delhi Gazette.

2. DEFINITIONS:

In these rules, unless the context other wise requires:a) i["Administrator" means the Lieutenant Governor of the National CapitalTerritory of Delhi appointed by the President under article 239 anddesignated as such under article 239 AA of the Constitution;b) "cadre post" means any post specified in the Schedule, and includes a temporary post carrying the same designation as that of any of the postsspecified in the Schedule and the scale of pay of which is identical to that attached to Civil Judge (Junior Division) of the service and any other temporary post declared as cadre post by the Administrator];c) "High COUli" means High COUli of Delhi;d) "Member of the Service" means a person appointed in a substantive capacity to either grade of the service under the provisions of these rules and includes aperson appointed on probation;e) "Service" means the Delhi Judicial Service;f) "Schedule" means the schedule as amended from time to time and appended to these rules;g) "Initial Recruitment" means the first recruitment and appointment made to the service after the commencement of these rules.

Part II – CONSTITUTION AND STRENGTH

3.

(a)On and from the date of commencement of these Rules there shall be constituted a Civil Service to be known as the Delhi Judicial Service.

(b)The service shall have two grades, namely (i) Civil Judges (Senior Division); and (ii) Civil Judges (Junior Division);

(c)The posts in both the Grades shall be Civil Posts Group A Gazetted;

(d)A person appointed to the Service shall be designated as Civil Judge

(Junior Division) or Metropolitan Magistrate or as Civil Judge (Junior Division)-cum-Metropolitan Magistrate in accordance with the duties beingdischarged by him for the time being.]

4. STRENGTH OF THE SERVICE. - The authorized strength of the Service and the posts included therein shall be as specified in the .Schedule which shall stand automatically amended simultaneously with the creation or abolition of cadre post.

5. The number of Civil Judges (Senior Division) shall be 25% of the cadre post strength of the Service as specified in the Schedule.]

Provided that no Civil Judge (Junior Division) shall be eligible for appointment as Civil Judge (Senior Division) unless he has completed fiveyears of service:Provided further that where a person is considered for such appointment, all persons senior to him in Civil Judge (Junior Division) shall also be considered, irrespective of the fact whether or not they fulfill the requirements as to the minimum of five year service.EXPLANATION. - For calculating the period of five years of service for the purpose of this rule with respect to officers appointed to the Service atthe time of its initial constitution, the service rendered by them in the cadre to which they belonged at the time of the initial recruitment to the Servicewhich was counted for determining the seniority shall also be counted.]

6. The Administrator may create from time to time as many cadre posts as may be necessary.

Part II – A SELECTION COMMITTEE

7. For purposes of recruitment to the service there shall be a Selection Committee consisting of the following: -

(1)Chief Justice or a Judge of the High Court deputed by him.

(2)Two Judges of the High Court nominated by the Chief Justice.

(3)Chief Secretary, 5[Government of National Capital Territory of DeIhL]

(4)A Secretary of the 6[Government of National Capital Territory of Delhi] nominated by the Administrator.Provided that the quorum for any meeting of the Selection Committee shall be four Members.The Registrar 8[General] of the High COUli shall be the ex-officioSecretary of the Committee.

Part III – INITIAL RECRUITMENT

8. The initial recruitment shall be made by the Administrator upon the

recommendation of the Selection Committee.

9. For initial recruitment to the service, the Selection Committee shall recommend

to the Administrator suitable persons for appointment to the service fromamongst the following:-

(a)Subordinate Judges and Law Graduate Judicial Magistrates working in

the Union Territory of Delhi on deputation from other states;

(b)Members of Civil Judicial cadres of states whose names may be

recommended by their respective State Governments for appointment;and

(c)Members of the Delhi, Himachal Pradesh and Andaman & Nicobar

Islands Civil Service, who are Law Graduates.The consent of the officer to be recommended and the consent of his parentGovernment shall be necessary before his appointment to the service.

10. The Selection Committee may in its discretion examine the character rolls and

hold such other tests as it may consider necessary.

11. The Selection Committee shall arrange the seniority of the candidates

recommended by it in accordance with the length of service rendered by them inthe cadre to which they belong at the time of their initial recruitment to theservIce.Provided, that the inter-se seniority as already fixed in such cadre shall notbe altered.

12. The number of officers to be appointed from the States of Punjab and Haryana

shall not, subject to availability, be less than the number of posts borne on thecadre of the said States for the pmpose of the Union Territory of Delhi . .

Part IV – RECRUITMENT

9.

[13. Recruitment after the initial recruitment shall be made on the basis of acompetitive examination comprising of a Preliminary objective type Examinationfor selection for the Mains Examination (Written), Mains Examination (Written)and InterviewNiva Voce. The Examination will be held by the High Court inDelhi, preferably once a year, subject to vacancy position. The Administratorshall be kept informed about the dates and place of such examination.]

14. A candidate shall be eligible to appear at the examination, ifhe is: -

a) a citizen of India;IO[b) a person II [practising] as an Advoc~te in India or a person qualified to beadmitted as an Advocate under the Advocates Act, 1961; and]c) not more than 32 years of age on the l2[lst day of January of the year inwhich the applications for appointment are invited.]

15. I3[The Syllabus for the Examination and the Scheme governing the conduct

of the Examination shall be as detailed in the Appendix to these Rules.]

16. After the written test, the High Court shall arrange the names of the candidates

in order of merit and these names shall be sent to the Selection Committee.

17. The Selection Committee shall call for viva-voce test only such candidates, who

have qualified at the written test as provided in the Appendix.

14.

[18. (i) The Selection Committee shall prepare a list of candidates in order ofmerit on the basis of competitive examination held in accordance with theRules. Such list will be forwarded to the Administrator.

(ii)The Administrator may in consultation with the High Court, make

appointment in substantive, officiating or temporary vacancies from amongstthose who stand highest in order of merit.]

15.

[(iii) All selected candidates shall join the service within a period of onemonth from the date of issuance of notification of appointment by thecompetent authority.

(iv)Upon sufficient justification, the competent authority i.e. the High

Court may extend the abovementioned period of one month for joiningservice on a written application made by the candidate concerned. Suchextension, if granted, shall be for a period of two months only. Extension ofperiod of joining beyond this period may be granted by the High Court inrare and exceptional circumstances but in no case shall such furtherextension be granted for a period of more than six months from the date ofissuance of notification of appointment.

(v)Upon failure of the selected candidate to join service either within

one month of the date of notification of appointment or upon expiry of suchextended period as may be granted by the High Court, the appointment ofthe selected candidate shall lapse.

(vi)The vacancy so created by virtue of clause (v) above may be offered

to the next candidate, as per order of merit in the select list unless forreasons to be recorded in writing, it is not so deemed apposite.

(vii)The Select List prepared for all categories of officials shall be valid

till the next Select List is published.

(viii)The Clauses (iii) to (v) of this Rule shall form part of the notification

of appointment of the selected candidates.]

19. DISQUALIFICATIONS:

1.

) No person who has more than one wife living shall be eligible forappointment to the Service.Provided, that the Administrator may, if he is satisfied that there are specialgrounds for doing so, exempt any person from the operation of this Sub-rule.

2.

) No woman who is married to any person who has a wife living shall beeligible for appointment to the Service.Provided, that the Administrator may, if he is satisfied that there are specialgrounds for doing so, exempt any such woman from the operation of this sub-rule.

Part V – PROBATION

20. 1) Persons appointed to the service at the initial recruitment shall stand

confirmed with effect from the date of appointment.

2.

) All other candidates on appointment to the Service shall be on probationfor a period of two years.

21. All persons appointed to the Service on probation shall be confirmed at the end

of the said period of two years.Provided, that the Administrator may, on the recommendation of the HighCourt, extend the period of probation, but, in no case shall the period ofprobation extend beyond three years in all.

22. The services of person appointed on probation are liable to be terminated

without assigning any reason.

23. After successful completion of the period of probation the officer shall be

confirmed in the service by the Administrator in consultation with the HighCourt and the same shall be notified in the Gazette.

(viii)The Clauses (iii) to (v) of this Rule shall form part of the notification

of appointment of the selected candidates.]

19. DISQUALIFICATIONS:

1.

2.

Part V – PROBATION

20. 1) Persons appointed to the service at the initial recruitment shall stand

confirmed with effect from the date of appointment.

2.

) All other candidates on appointment to the Service shall be on probationfor a period of two years.

21. All persons appointed to the Service on probation shall be confirmed at the end

22. The services of person appointed on probation are liable to be terminated

without assigning any reason.

23. After successful completion of the period of probation the officer shall be

confirmed in the service by the Administrator in consultation with the HighCourt and the same shall be notified in the Gazette.AGE OF SUPERANNUATION

21. [31 A. A member of the service shall retire from service in the afternoon of the

last day of the month in which he attains the age of sixty years.Provided that the High Com1 shall assess and evaluate the service recordof a member of the service for his continued utility well within the time beforehe attains the age of 58 years by following the procedure for compulsoryretirement under the service rules applicable to him before he is allowed tocontinue beyond the age of fifty- eight years.Provided fmiher that an existing member of the service may exercise hisoption in writing before he attains the age of fifty-seven years to retire at the ageof fifty-eight years.]

32. REGULATIONS: The Administrator may in consultation with the High Court

make regulations not inconsistent with these rules, to provide for all matters forwhich provision is necessary or expedient for the purpose of giving effect tothese rules.

33. RESIDUARY MATTERS: In respect of all such matters regarding the

conditions of service for which no provision or insufficient provision has beenmade in these rules, the rules or orders, for the time being in force, andapplicable to Government Servants holding corresponding posts in connectionwith the affairs of the Union of India shall regulate the conditions of suchserVIce.

34. INTERPRETATION: If any question arises as to the interpretation of these

rules, the same shall be decided by the Administrator in consultation with theHigh Court.

35. On the commencement of these rules and until persons are appointed to hold

cadre posts in accOl:dance with the provisions of these rules, such posts maycontinue to be held by officers appointed thereto on deputation either before orafter the commencement of these rules as if these rules have not come intoforce.

1.

2.

22.

[ SCHEDULE(under rule 4)Civil Judges (Senior Division) (25% of cadre strength)This will indude -

(i)Senior Civil Judge-cum-Rent Controllers

(ii)Additional Senior Civil Judges-cum-Judges Small

Cause Courts-cum-Guardian Judges

(iii)Chief Metropolitan Magistrates

(iv)Additional Chief Metropolitan Magistrates

(v)Additional Rent Controllers

Jvi) Administrative Civil Judges

(vii)or any other officer who may be designated as

Civil Judge (Senior Division)Sub TotalCivil Judges (Junior Division)This will include Civil Judges/Metropolitan Magistrates.Total

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