Bare Acts Live

The Orissa Inspection of Subordinate Courts (by the High Court) Rules, 2004

Published vide Notifications No.342-1, dated, 24th June 2004, Orissa Gazette Part 3A, No. 27 dated 2.7.2004

or429

Published under the authority of the High Court of Judicature, Orissa

(i) "High Court" means the High Court of Orissa

(ii) "Chief Justice" means the Chief Justice of the High Court of Orissa

(iii) "Judge-in-charge" means the puisne Judge of the High Court kept in charge of a particular District or Districts or Judgeship.

(iv) "Subordinate Courts" means the Courts of District and Sessions Judges, Additional District and Sessions Judges, Court of Commissioner of Endowments, Court of Chief Judicial Magistrate, the Special Courts including Tribunals and all other Courts established in the State presided over by Officers of the State Judiciary.

(v) "Superior Court" means the Court of District and Sessions Judge, Additional District and Sessions Judge, Court of Special Judge, C.B.I., Special Judge (Vigilance), Tribunals, except the State Administrative Tribunal, Family Courts and the Courts of Chief Judicial Magistrate.

(vi) "Prescribed" means prescribed by these rules

(vii) "Schedule and Annexure" means schedule and annexure referred to by these rules.

(viii) "Presiding Officer" means the Judicial Officer presiding over a Subordinate Court or Tribunal in the State except the State Administrative Tribunal.

(ix) "Information Sheet", means the proforma prescribed under these rules.

(x) "Registrar" means the Registrar (Inspection and Enquiry) of the High Court.

(xi) "Special Officer" means the Special Officer (Special Cell) of the High Court.

(ii) The Chief Justice or the Judge in charge of the Judgeship/District as would be nominated by the Chief Justice shall make regular inspection of the Subordinate Courts.

(iii) Casual inspection and surprise visit can be conducted at any time by the Judge-in-charge of the Judgeship with the prior consent of the Chief Justice or by the Chief Justice himself whenever it requires.

(b) Process for inspection of the Subordinate Court shall be initiated by the inspection Branch of the Court after obtaining administrative approval of the Judge-in-charge of the concerned Judgeship.

(c) Programme of Inspection drawn up shall be placed before the Judge-in-charge for approval and thereafter placed before the Chief Justice.

(d) The Schedule of inspection soon after being approved by the Chief Justice shall be communicated to all concerned, well in advance.

(b) The time schedule required by the Inspecting Party for complication of preliminary notes of inspection for the District Court and other Superior Courts including the Tribunals shall be as follows

(i)	Court of District and Sessions Judge	...	10 days
(ii)	Special Judge (Vig. & C.B.I.) and Commissioner of Endowments	...	3 days
(iii)	Additional District and Sessions Judge functioning at independent station	...	3 days
(iv)	Chief Judicial Magistrate and Civil Judge (Senior Division)	...	3 days
(v)	All other Sub-Courts and Tribunal except SAT	...	3 days

(c) The Court to be inspected shall furnish all information to the Inspecting Party soon after their arrival in the prescribed proforma as per Schedule I.

(d) The Inspection shall be made in such a manner so as to cover all the aspects of the Subordinate Courts and Tribunals as specified in the proforma attached as Schedule-II and such other matters at the discretion of the Judge-in-charge.

(e) The Inspecting Party shall scrutinise the matter in details and prepare the notes of Inspection in order of subjects indicated in the proforma prescribed as per Schedule-II.

(f) On completion of the draft notes of inspection, the same shall be placed before the Registrar (Inspection and Enquiry) or any other Officer of the Courts Registry deputed by the Chief Justice for the purpose who shall finalise the draft notes after making any addition or alteration, if required.

(g) The draft notes of inspection after being finalised shall be placed before the Judge-in-charge of the Judgeship for perusal soon after his arrival at the station.

(b) The Judge-in-charge may also hold dias sitting with the Presiding Officer of the inspecting Court and watch the proceedings of the Court and the manner in which the officer conducts the case including maintaining the decorum of the Court.

(c) As far as practicable procedural defects, if any, noticed during inspection shall be pointed out and necessary guidelines or instructions be imparted to remove the same.

(d) The Judge-in-charge after going through the draft notes of inspection and on making any addition or alteration at his discretion will record his remark officer wise and finalise the draft notes of inspection.

(e) The final inspection note shall thereafter be placed before the Chief Justice for approval and passing orders for circulation to the Full Court.

(f) After obtaining orders of the Chief Justice, the notes shall be circulated among the other puisne Judges of the Court except the Inspecting Judge.

(g) After completion of the Circulation, a copy thereof be transmitted to the concerned District and Sessions Judge and the Presiding Officer of the Subordinate Court inspected for submission of compliance report within two months from the date of receipt of the copy of the notes of inspection.

(h) On receipt of the communication from the High Court under Rule 7(g), the Presiding Officer of the Subordinate Court inspected shall take appropriate steps for removal and rectification of the defects and deficiencies, if any, and report compliance within two months.

(i) Soon after completion of two months and after receipt of the compliance report on the notes of inspection, the Inspecting Party consisting of the Superintendent, some Ministerial Officers including one Stenographer shall be deputed to the Court concerned to verify if all the defects pointed out have been actually and properly removed.

(j) The Inspecting Party on proper verification shall submit their report regarding removal of defects to the Registrar (Inspection and Enquiry) who shall place the same before the Hon'ble Chief Justice through the concerned Judge-in-charge.

(k) The Judge-in-charge of the District/Chief Justice will, on the basis of inspection reports,make relevant entries and make appropriate assessment of the work and performance of the concerned officer in their C.C.Rs.

Schedule-I

Information Sheet

(a) With their jurisdiction

(b) State of the Court building

(c) Whether Government Quarters are provided to the judicial officers and staff of the district.

(d) Distance from headquarters to each Court

(e) Dates on which each Court was established

(a) Is the catalogue up to date

(b) Whether all the library book and journals, periodicals received are properly arranged, correctly labelled, correction slips properly pasted.

(c) (i) If any loss of books and periodicals reported

(ii) What steps are taken for recovery of missing books

(d) Whether library books are regularly verified by the library in charge and report submitted to Presiding Officer.

(e) Whether library books are verified by Presiding Officer at any time and date of submission of certificate of verification.

(1) Are the stationary articles and forms required by the Courts indented from Government Press on due dates.

(2) Are the stock Registers maintained up to date

(3) Are the forms neatly arranged and kept

(4) Are the stocks of forms and stationery articles verified periodically and date(s) verification since last inspection.

(5) Is any difficulty felt in getting the forms and Stationary from Government Press.

(i) Has the stock Register of furniture being maintained up to date

(ii) Date of last verification by Presiding Officer

(iii) Are the furniture sufficient for use of Court and staff.

(a) Statement of pending cases (both Civil and Crl.) category wise and year wise should be submitted showing number of cases and other proceedings pending for disposal in a separate sheet.

5 years

4 years

3 years

2 years

1 year

(b) Reasons for year old pendency

(c) Cases/appeals stayed by Appellate/Revisional Courts

(b) Does the disposal keep pace with the institution ?

(c) If there is excessive filing what remedy do you suggest ?

(d) Is the pendency due to negligence or inefficiency of the office ?

(e) Is there any excess filing, what remedy do you suggest ?

(b) Is precedency given in the days work to the cases which are frequently adjourned ? If not, is the explanation satisfactory ?

(c) Are dates once fixed for peremptory hearing adhered to where adjournments granted, are the reasons recorded ?

(To be verified from atleast 5 cases)

(b) If the Judge conducts himself of satisfaction by hearing cases ?

(c) Did you recure any complaint regarding irregular attendance and/or sitting in Court ?

(i) If yes, did you enquire into the complaint ?

(ii) If so, what was the result ?

(d) Did the Judge fixing the dates personally in open Court or leaving the matter to his Bench Clerk ?

(a) What steps do you suggest to avoid them ?

(b) Has the judgement reserved any particular day for hearing Civil matters ? If not, is it possible to do so in lieu of Criminal files ?

(a) Is there any instance in which judgement was delayed by the Judge beyond one month and the same was not shown pending for judgement in the monthly return ?

(b) Did you verify that the judgement in cases shown in the monthly return as contested disposal were really contested judgements ?

(a) If they cover both facts and law

(b) Whether documents are correctly exhibited.

(c) Whether evidence properly recorded

(d) Quality of the judgement.

(a) Sanctioned strength of employees under the administrative control of the District Judge.

(b) Posts, temporary or permanent to be specified.

(b) How many Disciplinary proceedings are pending and their progress ?

(c) How many appeals are pending against orders passed in Disciplinary proceedings ?

(a) The reasons for delay ?

(b) Are the Salaried Amins over burdened ?

Schedule-II

Matters to be Dealt with in the Notes of Inspection of the Subordinate Courts Made by the High Court

(i) Introduction - Regarding establishment of the Court, date of last inspection by the High Court, submission of compliance reports on the notes of inspection etc.

(ii) Personnel of the Presiding Officers with their period of incumbency

(iii) Jurisdiction and powers of the Court

(iv) Other Courts functioning at the station

(v) Accommodation - Accommodation of Courts and offices including residential.

(vi) Pending projects and repair work - Details of the pending projects and their progress including suggestions' if any.

(i) Staff position

(ii) Inspection defect Register

(iii) Duty Cards of Ministerial Officers

(iv) Security by the Ministerial Officers

(v) Disciplinary proceedings

(vi) Vigilance Committee Meeting/P.M.C. Meeting/Senior Officers meeting, etc.

(vii) Gradation lists -

(i) Gradation lists of members of the staff in different cadres;

(ii) Whether it is being published during every year and if confirmation matter is taken up at regular intervals.

(viii) Departmental Examination -

Whether the Departmental Examination is being done regularly as per the Rules prescribed in the District and Subordinate Courts Ministerial Services (Method of Recruitment and Conditions of Service) Rules, 1969.

(ix) Jail visit by the District and Sessions Judge -

Whether the District Jail, Circle Jail and Sub-jail are being regularly visited by the Sessions Judge and report thereof submitted to the High Court regularly.

(x) Correspondence -

Whether correspondence files are being maintained properly, classification and destruction of correspondences are being made as per the Rules and pending lists prepared regularly.

(xi) Recruitment Examination -

(i) State of vacancy position in all cadres of the members of the staff;

(ii) If steps have been taken for filling up the vacant posts in all cadres, etc.

(xii) Periodical statements (Civil and Crl.) and U.T.P. -

Whether periodical returns are being furnished to the High Court correctly and regularly in terms of the Rules prescribed in the G.R. and C.O. (Civil and Crl.) and instructions issued by the High Court from time to time.

(xiii) Performance of the Registrar, Civil and Sessions Courts -

(1) Whether the successive Registrars posted at the headquarters station are inspecting the offices and departments of which they are the Judge-in-charge.

(2) Whether his performance in transacting the administrative business of the District Court is satisfactory.

(3) Whether he is conducting training classes of the newly recruited ministerial officers regularly.

(xiv) Clearance day inspection by the Sheristadar/Chief Ministerial Officers -

Whether the successive Sheristadars/Chief Ministerial Officers of the Court are supervising the work of the Ministerial Officers of the Court by way of inspection and imparting instructions regularly.

(xv) Inspection by the District Judge/Chief Judicial Magistrate/Presiding Officer :-

Whether the District Judge is inspecting Subordinate Courts punctually and accurately in accordance with the Rules prescribed in the G.R. and C.O. (Civil and Crl.), Volume-I.

(xvi) Library -

(1) Whether physical verification of the Library is being done regularly as per the Rule prescribed in the G.R. and C.O. (Civil), Volume-I.

(2) Whether steps have been taken for recovery of the missing law books, if any, and certificate of stock taking is being furnished to the High Court regularly.

(3) Whether law books and journals purchased for the Library are being properly accounted for and steps taken for binding of the journals which are already received in complete.

(i) State of Files-

Pendency position of all categories of cases and appeals with their year wise break up shall be indicated in a Tabular form.

(ii) Examination of pending case records -

(i) Some oldest case records of all categories shall be examined;

(ii) The reason for pendency, procedure of dealing with the case records with suggestion and instructions for early disposal shall be indicated in the notes in brief.

(iii) Examination of disposed of case records-

(i) Some disposed of case records such as, conviction and acquittal judgement of S.T. Cases, some appeals both Civil and Criminal including some bail applications shall be scrutinized;

(ii) procedural defects and as to whether the conviction and acquittal is recorded properly or whether the decrees have been drawn up correctly and in time shall be indicated in the notes;

(iii) Whether the bail applications have been disposed of promptly or not etc.

(1) Defects and deficiencies as far as practicable which can be remedied at the spot should not be reflected in the notes.

(2) Whether all the cases and appeals presented in the Court are being timely registered and entries made up to date.

(3) Whether the results of the cases and appeals are being noted in the register properly and fact of communication of orders and judgement reflected in the register.

The following important registers may be scrutinised

(i) Register of Civil appeals and revisions

(ii) Register of S.T. Cases (R) 23

(iii) Register of Criminal appeals and revisions

(iv) Register of warrants of Imprisonments (R) 5

(v) Separate receipt register (R) 5-B

(vi) Court fees register (R) 7

(vii) judgement register

(viii) Diary (R) 6 and (R) 8, etc. are to be examined

(ix) Fine register (A) 7

(x) Any other important register

(i) Staff position

(ii) Strength of process servers and furnishing required security by them

(iii) Register of candidate (peons)

Whether the candidate (peons) have been appointed according to the Rule.

(iv) Register of process served (R) 9 & (R) 10

Whether processes are being served properly and returned to the issuing Court before due date.

(v) Register of work done (R) 11 and

(vi) Register of attendance and deputation of peon (R) 13

(vii) Register of cheque

(viii) Preemtory cash book-

(1) Whether the limit of P.C.R. is not exceeding on any date and kept without depositing the same in the treasury.

(2) Whether the deposits accepted under P.C.R. are being done in view of Rule 516 at Page 143 of G.R. & C.O. (Civil), Volume-I.

(ix) General Cash -

On the date of inspection as well as on the date of arrival of the inspecting party the cash should be verified physically. Whether the cash has been verified by the Judge-in-Charge of the Nizarat once in every month regularly.

Whether all the amounts drawn are being disbursed in time without being kept with the cashier for a longer period in contravention to the provision of Rule 242 of the subsidiary Rules.

(x) Register of furniture and store-

(1) Whether the furniture and other articles purchased have been properly accounted for in the Register.

(2) Whether the stock and store has been audited regularly by the A.G.

Whether physical verification of stock and store are being done by the Judge-in-Charge regularly as per Rule 112 and Rule 516 of the G.R. & C.O. (Civil), Volume-I.

(xi) Log Book -

Whether the log books of the staff car and the jeep or other vehicle, if any, are being maintained properly. Whether any of the vehicle is being requisitioned by any officer for private use and if so whether the charges thereof are being realised as per the rules.

(xii) Forms and Stationery

Whether forms and stationery received have been accounted for. Whether the same have been properly preserved and equally distributed as per the requirement.

(a) Whether property received in the Malkhana are properly entered in the register than and there.

(b) Whether valuables like gold, silver and other ornaments are received in the Malkhana after being tested by the empanelled goldsmith and preserved safely as per rule.

(c) Whether the results regarding disposal of properties are being noted in the register.

(d) Whether the register of valuables are being verified at regular intervals and report submitted to the High Court.

(e) Whether prompt steps are being taken for disposal of properties as per the rules

(1) Staff position

(2) Inspection of the Accounts Section-

If the Accounts Sections have been inspected by the District and Sessions Judge and the Judge-in-charge regularly.

(3) Guard Files of Challan-

(i) Whether the Civil Court deposits both (Civil & Criminal) are being made in appropriate head of account.

(ii) Whether the copy of challans are preserved properly.

(4) Register of payment orders (Civil & Criminal) -

(i) Whether the payments orders are being promptly passed in favour of the parties entitled and they are in consistent with the orders of the Courts and Rules.

(ii) Whether the payment orders are being entertained at the fag-end of the Financial year.

(5) Treasury Advice lists-

(a) Timely submission of advice list by the treasury.

(b) Whether postings are made in the Register properly with reference to the Advice list.

(c) Destruction of advice lists.

(6) Daily Register of 'A' deposits received (A)-15 (Civil & (A)-11 (Criminal)-

Regular posting in the registers with reference to the Treasury Advice lists.

(7) Register of 'A' deposit repaid (A)-16 -

Whether the entries in the register regarding repayments are being made up to date with reference to the Advice lists having no discrepancies.

(8) Clearance Register (A)- 18-

Whether all unpaid balances of 'A' deposits have been carried forward in the register without any discrepancies.

(9) Register of Mis Receipts and repayments (A)- 20-

The entries should be made with reference to the Treasury Advice Lists whether monthly and yearly totals have been made.

(10) Submission of Accounts Statements :

Whether plus and minus memorandum both the Civil and Criminal side have been regularly furnished to the A.G., Orissa through the Treasury Officer. If lapsed statements have been submitted to the Treasury in time.

(11) Audit objection -

Whether the accounts section of the District Court have been audited by A.G. Orissa on regulate intervals. If so, whether the Audit Objections have been duly and promptly complied with.

(12) Pension Cases -

Whether pension papers of all the retired employees of he judgeship have been submitted to the A.G., Orissa. Whether other retirement benefits of the employees have been promptly dealt with.

(13) Register of short term advances and loans-

Whether the fact of recovery of loans have been properly accounted for in the register.

(14) Service Books -

Whether the service books of the employees are being made up-to-date and the leave account are maintained properly.

(15) C.C.Rs.-

Whether the Character Rolls of the Ministerial Officers are being maintained up-to-date and the remarks in the C.C. Rs. are being made during the month of April each year.

(16) Personal Claims -

Whether the Travelling Allowances and the reimbursement cost of medicines are being sanctioned in favour of the member of the staff and officers on the basis of first come first serve basis.

(a) Staff position

(b) Inspection of the Record Room-

(i) Whether the record room is being inspected by the District Judge regularly as per Rule 587 (9) of the G.R. & C.O. (Civil), Volume-I.

(ii) Whether the half-yearly examination of certain proporation of disposed of case records are being examined by the District Judge or other officers nominated by the District and Sessions Judge as per Rule 454 of the G.R. & C.O. (Civil), Volume-I.

(c) Plan and Index-

Whether the plan and index has been prepared and exhibited in the front room of the Record Room and the same is maintained up-to-date.

(d) Precaution against fire-

(i) Whether all fire fighting weapons have been provided in the record room.

(ii) Whether the fire extinguisher is being retested at regular intervals.

(e) Consignment of case records-

(i) Whether the disposed of case records are being consigned to the Record Room as per the stipulated date fixed for the purpose.

(ii) If not, instructions be imparted for regular consignment.

(f) Arrangement and preservation of Records-

(i) Whether the records received have been arranged in accordance with the plan and index.

(ii) Whether the records of permanent preservation have been kept in the selves after being properly bounded.

(iii) Whether appropriate steps have been taken for proper preservation of records and insecticides have been applied at regular intervals.

(g) Register of Records removed from the Record Room (R)-19 and (R)-15

(i) Whether the records either called for or removed and kept back have not been returned to the Record Room.

(ii) Whether the reminder lists are being sent to the concerned Court once in every two months as per Circular Letter No.4366, dated the 19th April 1992 and footnote of the Form (M)-37 of the G.R. & C.O. (Civil), Volume-II for return of records.

(iii) Whether the records received back are being restored in the appropriate selves.

(h) Register of bulky documents-

(i) Whether bulky documents have been properly preserved.

(ii) Whether appropriate steps have been taken for return/disposal of bulky documents as per the Rule 329 of the G.R. & C.O. (Civil), Volume-I.

(i) Register of defect reports (Civil & Criminal)-

(a) Whether the case records received in the record room are being examined and defect report issued on valid points which can not be rectified in the record room.

(b) Whether the defects sent to the concerned Courts are returned within the reasonable time after removal of defects. If not, whether the said Courts are being reminded from time to time to return the same.

(j) Destruction of records-

(i) Whether destruction of records is up to date

(ii) Whether destruction of all classes of records are being done regularly soon after expiry of the period of preservation.

(a) Staff position

(b) Number of copy applications filed during the period from the date of previous inspection and number of applications pending with the Copying Section for preparation of copy.

(c) Register of copy application-

(i) Whether the certified copies both urgent or ordinary are being supplied within the stipulated time prescribed in the G.R. & C.O. (Crl.), Volume-I.

(ii) Whether preference is being given to the older application over new ones

(iii) Whether the documents received from different Courts for preparation of copy are returned to the issuing Courts soon after the preparation of the certified copy.

(d) Preparation of police papers-

(i) Number of case records pending for preparation of copies of Police Papers.

(ii) Whether police papers are being prepared in order of preference of date of posting of the case and the cases involving U.T.Ps. and Triable by the Court of Sessions.

(e) Outturn of Copyists and Typists-

Whether the Typists and Copyists working in the Copying Section have reached the prescribed outturn in view of Rule-292 of the G.R. & C.O. (Crl.), Volume I.

(f) Xerox Machine-

Whether the certified copies are being prepared by Xerox process with the help of the Xerox machine of the Court or the machine installed by the private entrepreneure according to the Rules prescribed by the Court in the G.R. & C.O. (Crl.), Volume-I. If not, instructions be imparted accordingly.

(i) Whether the Computer installed at the station is functioning properly ?

(ii) Whether the matter relating to the Salary and other administrative functions are being processed through computer ?

(iii) Whether the statistics regarding pendency and disposal of all courts of the Judgeship have been computerised ?

(iv) Any other matter

(a) (i) If the diaries of the Court are maintained up to date.

(ii) If reasons for adjournment of suits and cases have been indicated in the diary.

(iii) Whether preference has been given for hearing of year old suits and cases and cases involving U.T.Ps.

(iv) If posting of cases has been properly planned.

(v) Any other matter.

(b) Outturn -

(i) Outturn of work of all the successive Presiding Officers shall be shown separately.

(ii) Whether the outturn of work of the Officers are adequate or inadequate.

(iii) If the Presiding Judge has devoted adequate member of days for trial of Civil matters as per the instructions of the Court.

(iv) Whether the Presiding Officer has properly utilised the administrative days and indicated the fact in the administrative diary.

(v) Any other matter

(i) If the performance of the Presiding Judge in the dias is satisfactory (This aspect may be indicated if the Inspecting Judge sat in the dias with the Presiding Officer).

(ii) The Administrative and Judicial functions of the Presiding Officer shall be commented upon.

(iii) Condition of the office and working of the Ministerial Officers.

(iv) Suggestions for improving efficiency of Officer and the condition of office, if any.