BIHAR CIVIL COURT OFFICERS AND STAFF (RECRUITMENT PROMOTION, TRANSFER AND OTHER SERVICE CONDITIONS) RULES, 2017

PRELIMINARY

Rule - 1. Short title, extent and commencement.--

(i)       These Rules may be called "The Bihar Civil Courts Officers and Staffs (Recruitment, Promotion, Transfer and other Service Conditions) Rules, 2017".

(ii)      It shall apply to all the Civil Courts in the State of Bihar, subordinate to the Patna High Court.

(iii)     It shall come into force from the date of publication in the official Gazette of the Government of Bihar.

Rule - 2. Definition.--

In these Rules, unless the context otherwise requires.

(i)       "Appointment" means appointment to the posts of Gazetted Officer (Group 'B'), (Group 'C') and Group 'D' posts either by way of direct recruitment or limited examination or selection by way of promotion and that includes appointment on compassionate ground.

(ii)      "Appointing Authority" means the Registrar General of High Court of Judicature at Patna.

(iii)     "Appropriate Cases" means such cases which are specified by the Standing Committee.

(iv)    "Cadre" means the strength of the service of Officers and Staff sanctioned as a separate unit.

(v)      "Centralized Committee" means Centralized Selection & Appointment Committee constituted under Rule 6 (i) of these Rules.

(vi)    "Chief Justice" means the Chief Justice of The High Court of Judicature at Patna.

(vii)   "Civil Court" means Civil/Criminal Court, subordinate to the Patna High Court.

(viii)  "District" means the Judicial District established by the Government in consultation with the High court under Code of Criminal Procedure 1973 and Bengal, Agra, Assam Civil Court Act 1887.

(ix)    "District Judge" means the District and Sessions Judge of the concerned District.

(x)      "Government" means the Government of Bihar.

(xi)    "High Court or Patna High Court" shall mean the High Court of Judicature at Patna.

(xii)   "Officer" means the category of officials included in Group A and Group B of Schedule A.

(xiii)  "Prescribed" means prescribed by these Rules.

(xiv)  "Staff" means the employee included in Group C and Group D of Schedule A.

(xv)   "Staffing Pattern" shall mean all the posts included in Appendix 'A', 'B' and 'C' of the Schedule B.

(xvi)  "Skill Test" shall mean the test as prescribed by the Centralised Committee from time to time according to the nature of work.

(xvii) Any other expression not exclusively defined in this Rule shall be governed by the (as amended from time to time) Patna High Court Rules, 1916.

ESTABLISHMENT

Rule - 3.

On and from the date of commencement of these Rules for administration of Civil Court and Sub-Divisional Civil Court, a Bihar State Civil Court Establishment Service shall be constituted.

Rule - 4.

(i)       All the cadre shall be State cadre except the posts of Process Server and the posts of Driver in Group 'C' and all the posts of the cadre of Group 'D' as specified in Schedule A, which shall be District Cadre.

(ii)      The persons, who before the commencement of these Rules, having been appointed on regular basis on any post specified in the Staffing Pattern to these rules, shall be deemed to have been appointed to the respective cadre of the service in accordance with the provisions of these Rules. 

CONDITIONS OF ELIGIBILITY FOR APPOINTMENT

Rule - 5.

(i)       A person to be eligible for appointment on any post as specified in the staffing pattern shall.-

(a)      Be a citizen of India.

(b)      Be medically fit.

(c)      Be a good character

(d)      Be in the age group, possess the essential qualifications and experience as prescribed in Schedule 'B'.

(ii)      If any doubt arises regarding the eligibility of a candidate for appointment, the decision of the Centralised Committee shall be final.

METHOD OF SELECTION, RECRUITMENT AND METHOD OF APPOINTMENT

Rule - 6. Constitution of Committee.--

(i)       There shall be a Centralized Committee constituted by the High Court known as 'Centralized Selection and Appointment Committee' for the purpose of making direct appointment or appointment by way of promotion on all posts, consisting of 'three senior-most Judges including one judge of the High Court from the Judicial service' and one Registrar of the High Court, nominated by the Chief Justice.

(ii)      The Registrar General will work as Member Secretary of the Centralized Committee.

(iii)     To assist the Centralized Committee, there shall be a Recruitment Cell consisting of Deputy Registrar and other Officers & Staff, as may be deemed fit and proper by the Centralized Committee from time to time, with the approval of the Chief Justice.

(iv)    Notwithstanding anything contained in the Sub Clause (iii), the Centralized Committee may take the service of any reputed Recruitment Agency for the purpose of written examination, skill test or other purposes.

Rule - 7.

(i)       The Centralized Committee shall hold examination/limited examination, skill test, screening test etc as prescribed in Schedule 'A' of these Rules.

(ii)      The Centralized Committee shall also hold interview and other test as prescribed in Schedule 'A'.

(iii)     The Centralized Committee, for the purpose of interview, may constitute one or more Interview Board for the purpose of conducting interview with approval of the Chief Justice which shall be headed by a Judge of the High Court.

(iv)    Subject to the above provision, the Centralized Committee may nominate group of senior District Judges for conducting interview with respect to filling up the vacancies through selection, especially under Group 'D' posts of staff for selection of the candidates with the prior approval of the Chief Justice.

Rule - 8. Method Of Selection.--

(i)       In the month of January of every year, the District Judge shall determine the existing vacancies as well as the vacancies likely to occur by December of the same year and send the list to the Centralized Committee.

(ii)      The Centralized Committee, after receiving information from all the Judgeships about all the vacant posts available for direct recruitment, shall advertise the vacancy at least in two Daily newspapers one of them being in Hindi having wide circulation in the Districts of Bihar and also on Notice Board of all Civil Courts, Sub-divisional Civil Courts and Collectorate, inviting applications in format as prescribed by the Centralized Committee:

Provided that Centralized Committee, in case of necessity, may advertise the post only for single Judgeship or group of Judgeships.

(iii)     Fees- Every candidate for direct recruitment to any category of post, may be required to pay such fees, as may be prescribed by Centralized Committee in respect of each post:

Provided that candidate belonging to Scheduled Caste, Scheduled Tribe and Physical Handicapped Categories, is required to pay half of the fee as prescribed for that post.

(iv)    The Centralized Committee with prior approval of the Chief Justice, shall also conduct written test, skill test, proficiency test, stenography test and interview as well as other tests as specifically prescribed in Schedule - A, keeping in view the specific nature of work for the posts sought to be filled up by appointment/promotion:

Provided that, if the number of candidates is found to be too large, in order to limit the number of candidates, Centralized Committee may hold preliminary test on the basis of objective type question or any other mode decided by the Centralized Committee.

The Centralized Committee shall select the candidates in the ratio of 1:6 for final examination.

(v)      Syllabus and other necessary particulars, modes of preliminary and written examination as well as any matter incidental to the conduct of examination shall be as per guidelines to be notified by the High Court, from time to time, with prior approval by the Chief Justice.

(vi)    For appointment on the posts of Process Server in Group 'C' and Group 'D' are concerned, the Centralized Committee will conduct written test or any other tests and interview as prescribed in Schedule 'B' and the mode of selection shall be as per Schedule 'D'.

(vii)   Once the written examination for the concerned post is complete, the answer books of the candidates shall be sealed and in order to maintain absolute confidentiality with regard to evaluation, the Recruitment Cell before sending the answer books to the examiner shall use process of coding the answer books of the candidates under the personal supervision of Registrar nominated for that purpose or any other senior officer authorized as per direction of the Centralized Committee with prior approval of the Chief Justice.

(viii)  The merit list of the written examination shall be published in website of the Court as well as on the Notice Board of the Court. Wherever applicable, it will be followed by skill test, if necessary.

(ix)    Merit list of the written test and skill test be prepared and candidates be called for interview in the ratio of 1:3 so far as possible.

(x)      Interview shall be conducted by the Committee which shall be headed by a Judge of this Court to be nominated by Centralized Committee with the approval of the Chief Justice:

Provided, if the Centralized Committee thinks it proper, it may nominate two to three senior District Judges with the prior approval of the Chief Justice for conducting the interview.

(xi)    Weightage of 10 marks (for Group' D') posts shall be added in their marks obtained in written test, skill and interview to the person having special knowledge e.g. gardening, cooking, tailoring, carpentary, electronics etc. on their showing certificate of competency in the concerned field.

(xii)   Minimum qualifying marks for all the posts would be fixed at 40%. subject to relaxation of 5% for candidate belonging to reserved category:

Provided the Centralized Committee with the prior approval of Hon'ble the Chief Justice will have power to fix minimum marks to be secured by the candidate in interview for any post.

(xiii)  Upon completion of selection process including written test/proficiency test as well as other tests if any and/interview a panel of successful candidates in keeping with reservation policy of the State Government, shall be notified on the basis of its result to be prepared on the norms formulated by the Centralized Committee with prior approval of Hon'ble the Chief Justice. Such panel shall be in two parts, one confined to the total number of posts to be filled up and the other known as "waiting list" of 20 % of such vacancies. Such panel shall have a life of one year from the date of its notification:

Provided that in case if selection procedure is not undertaken in a particular year the life of the panel including (waiting list) may be extended for a further maximum period of one year by the Centralized Committee with prior approval of the Chief Justice.

(xiv)  The candidates of waiting list shall be entitled for appointment only against advertised number of posts and that too when a successful candidate of the first part of the panel on being offered appointment, does not join the post in the prescribed period of time.

Rule - 9.

The Centralized Committee, after notification of the panel with the prior approval of Hon'ble the Chief Justice would recommend the name of the candidates to the Appointing Authority for issuance of appointment letter to the successful candidates.

Rule - 10. Joining Time.--

(i)       A candidate appointed by direct recruitment shall join his/her post on which he/she has been appointed as soon as possible but not later than 30 days from the date of dispatch of appointment letter and/or display of result on the Official High Court Website:

Provided that the Centralized Committee, in case sufficient reasons shown by the candidate may extend the joining time for further 30 days. However, in case a selected candidate fails to join the duty within specified 30 days or extended 30 days, his offer of appointment shall stand cancelled.

(ii)      Prior to joining, the Appointing Authority or any other Officer authorized for that purpose shall verify the following:-

(a)      Original educational and all other certificates of the candidate concerned on the basis of which appointment letter has been issued;

(b)      Photographs, signature and handwriting of the candidate from the application form submitted by him;

(c)      The Secondary School Examination Certificate or its equivalent (for the purpose of recording of date of birth);

(d)      Medical fitness certificate:

Provided where such original certificate would require its verification from the concerned institution/source. Joining of the candidate shall be accepted provisionally and subject to its being found correct, genuine and authentic.

Rule - 11. Probation And Confirmation.--

(i)       All appointments by direct recruitment to the permanent posts, shall be on probation for a period of two years from the date of appointment/joining:

Provided that if during the period of probation, a candidate's work and conduct, is found unsatisfactory, the Appointing Authority with the prior approval of the Centralized Committee and the Chief Justice may extend his period of probation for one year and on his work and/or conduct being still found unsatisfactory, even in the extended period of probation, he shall be removed from the service without notice.

(ii)      No person shall be confirmed unless he or she has satisfactorily completed the probation period as prescribed.

(iii)     During the period of probation at any point of time, the appointing authority shall have power to terminate the service of a Probationer on the ground of unsatisfactory work and/or conduct.

Rule - 12. Reservation.--

There shall be reservation for the members of the Scheduled Castes, Scheduled Tribes, Backward Class, Most Backward class, Female and Physically Handicapped persons only for direct appointment as provided under the Bihar (For Reservation of Vacancies in posts and services Schedule Caste & Schedule Tribes and Backward Class) Act 1991, as amended from time to time.

Rule - 13. Seniority.--

(i)       Inter-se Seniority amongst employees appointed by direct recruitment shall be determined, as per their position in the merit list.

(ii)      In case of appointment by promotion in the same transaction, the candidates will maintain their inter-se seniority in the lower cadre.

(iii)     Inter-se Seniority amongst direct recruit and promoted candidates will be on the continuous officiation, provided in case of recruitment by way of promotion and direct recruitment under the same transaction, the promotee shall rank senior.

Rule - 14. Promotion.--

(i)       An employee shall be entitled for consideration for promotion only on those cadre posts downward to upward as prescribed in Schedule- C.

(ii)      All the cases of promotion including by way of Selection or Modified Assured Career Progression shall be placed before Centralized Committee for consideration. The Centralized Committee will issue the guidelines for that purpose time to time.

(iii)     An employee for being eligible for consideration of promotion must fulfill the following requirements, namely:-

(a)      must have completed the period of kalawadhi as prescribed;

(b)      must have the qualification in respect of promotional post as per Schedule 'A';

(c)      must have clean and satisfactory records of service;

(d)      must have passed in the departmental/proficiency test/interview/computer literacy test as prescribed, from time to time.

(iv)    ?(a) Notwithstanding the above provisions, Reader-cum-Deposition Writer-cum-Typist before his promotion to the higher scale must pass another test of typing, the minimum speed of typing word be 50 words per minute in English and 35 words per minute in Hindi as well as the standard prescribed by the Steering Committee.

(b) ?He/she will have to pass the examination of practice and procedure, Civil Court Rules Criminal Court Rules.

(v)      ?(a) A Stenographer for consideration of his case for promotion on higher post shall have to pass the Test of Shorthand at the rate of 100 words per minutes in English and 70 words per minute in Hindi and 5 % mistakes shall be allowed.

(b) ?He shall have to pass the examination on practice and procedure Manual and Papers, as prescribed by the High Court.

(vi)    A Clerk in Grade III or any equivalent post, for consideration of his case for promotion to Grade II or for consideration of his case for Financial progression, shall have to pass an examination in:-

(i)       Civil Court & Criminal court Rules.

(ii)      Knowledge of drafting and correspondence an order-sheet.

(iii)     Practice and Procedure.

(iv)    (a) Accountancy only for Accounts Cadre.

(b) ??Book keeping

(c) ??Preparation of budget.

(vii)   A Clerk Grade II for promotion/selection to the post of Assistant Administrative Officer (Judicial) and (Establishment) shall have to pass an examination on-

(i)       Practice and Procedure.

(ii)      Government Letter & Circular

(iii)     Stamp Act

(iv)    Suit Valuation Act

(v)      Correspondence, noting & drafting

(vi)    Court Fee Act

(viii)  Above Examination will be conducted by the Centralized Committee each year and for that purpose procedure and methodology will be decided by the Centralized Committee by way of issuing notification from time to time.

Rule - 15. Appointment From The Group D Staffs & Other Staffs As Prescribed In Schedule.--

(i)       Appointment against 25% posts of the sanctioned strength of Junior Court Assistant and Junior Office Assistant posts shall also be made by way of selection based on annual examination for screening of eligible candidates by conducting written test. Computer operating test and interview as prescribed by the Centralized Committee with prior approval of the Chief Justice, on the basis of result of such selection test, a panel of candidates for the posts of 25% quota of the year shall be prepared by Centralized Committee with the prior approval of the Chief Justice. Such panel shall be valid for one year.

(ii)      For appointment, to the post of Process Server by promotion from Group 'D' Staff will be made on the basis of written test, their Service Record and interview to be conducted by the Centralized Committee in order of merit, as prescribed by the High Court.

Rule - 16. Training.--

Every person appointed either by direct recruitment or by recruitment by way of examination from Group 'D' post and is below 55 years of age, shall have to undergo training as specified for that post by the High Court.

Rule - 17. Kalawadhi.--

For promotion from one post to other, Kalawadhi will be as notified by the High Court from time to time.

Rule - 18. Transfer.--

(i)       All the posts in Cadre of Group-'A', 'B' and 'C' excluding the posts of Process Server and Driver, shall have State cadre and thus amenable to transfer to any Civil Courts in Bihar:

Provided that if the Standing Committee of the High Court thinks it proper, it may direct to place the services of any Group 'B' and 'C' staff for a maximum period of seven years in a particular district:

Provided further that the aforesaid period of seven years may be extended or reduced in case of administrative exigencies or public interest at the discretion of Standing Committee:

Provided further that transfer of an employee may also be made on the request of the employee or in case of mutual transfer, or in case of public interest or in administrative exigencies by the Standing Committee suo motu or on the basis of recommendation of the District Judge concerned. The request for an employee for his/her transfer shall be entertained only after completing a minimum period of three years of initial appointment and not more than on two occasions in his/her entire service:

Provided also that such transferred employee on his or her own request shall be put at the bottom of the cadre at the place where he will be transferred.

Rule - 19.

All posts of Group-D and the post of Driver of Group - C shall be District Cadre posts and District Judge may transfer them, according to need within the District:

Provided that transfer of such employee beyond the district may also be made by the Standing Committee:-

(I)      The District Judge, in exigency of work, assign or re-assign, an employee to any other work as per need;

(II)     On the request of the employee;

(III)   In a case of mutual transfer;

(IV)   In case of public interest or in administrative exigencies suo motu or on the basis of recommendation of the District Judge concerned:

Provided further that whereas such an employee of district cadre on transfer on request or mutual transfer shall be put at the bottom of the Cadre at transferred place, but, in the event of transfer for in the public interest or under administrative exigencies the earlier acquired seniority shall be kept intact.

Rule - 20. Protection To Employees Already In Service.--

Persons already in service, prior to coming in to force of these Rules, who do not hold qualification and other conditions prescribed by these Rules shall continue to hold office subject to condition that they will have to undergo training program and successfully complete the same as prescribed from time to time by the High Court. Persons failing to successfully complete the training program shall be deprived of annual increment as well as all promotional benefits till successful completion of the training program.

Provided that above conditions shall not be applicable to those staff who had completed the age of 55 years on the date of publication of these Rules in the Gazette.

Rule - 21. Relaxation.--

The Full Court alone on the recommendation of Standing Committee of the High Court, shall have power to dispense with or relax the requirements of any of the provision made in these Rules to such extent and subject to such conditions as it may consider necessary in any particular case.

Rule - 22. Power to remove difficulties.--

(i)       If any difficulty arises, in giving effect to the provisions of this Rule, the Standing Committee may, by order not inconsistent with the provisions of this Rule, remove the difficulty.

(ii)      However, order made under this Rule shall be placed as soon as may be after it is made, for its approval before Full Court.

Rule - 23. Repeal and Saving.--

(i)       Bihar Civil Court Staff (Class III and Class IV) Rules, 1998, Bihar Civil Courts Staff (Class III and Class IV) (Amendment) Rules, 2001 and Bihar Civil Court Staff (Class III and Class IV) Rules, 2009 Rules are hereby repealed.

(ii)      Notwithstanding such repeal, anything done or any action taken under aforesaid Rules shall be deemed to have been done or taken under the corresponding provisions of this Rule,

Rule - 24. Interpretation.--

If any question arises relating to the interpretation of these Rules, the decision of the Standing Committee shall be final.