In exercise of the powers conferred by the
proviso to Article 309 of the Constitution of India, the Governor of Jharkhand,
in consultation with the High Court of Jharkhand, is hereby pleased to make the
following rules to regulate the appointment and other conditions of service of
Court Managers in the District and Subordinate Courts of Jharkhand. (a)
These
Rules may be called The Jharkhand State Civil Courts' Court Managers
(Recruitment, Conditions Of Service, Conduct And Appeal) Rules, 2020 and they
shall come into force on the date as notified in the official Gazette. (b)
These
Rules shall apply to all the Court Managers appointed in the Subordinate Courts
of the State of Jharkhand. In these Rules, unless the context otherwise
requires- (a)
'Board'
means any recognized Institution conducting examinations upto intermediate
standard or awarding diplomas as may be declared by the Chief Justice to be so
recognized for the purpose of these Rules. (b)
'Chief
Justice' means the Chief Justice of Jharkhand High Court. (c)
'Constitution'
means Constitution of India. (d)
'Court'
means Jharkhand High Court. (e)
'Establishment'
includes all offices, Departments, Sections, Branches and other Ancillary Unit
and Wings of the Civil Courts. (f)
'Court
Manager' means a person appointed in accordance with these Rules or the Rules
or orders in force prior to the commencement of these Rules. (g)
'Member
of the Staff' means upto the rank of class III and IV working in the
Establishment of the Civil Court. (h)
'Schedule'
means the schedule appended to the Rules. (i)
"Service"
means Court Managers for District Courts of Jharkhand. (j)
"Subordinate
Courts" means the Subordinate Courts in the State of Jharkhand; (k)
"State
Government" means the State Government of Jharkhand. (l)
Words
and expressions used and not defined in these Rules shall have the same
meaning, assigned to them in the CIVIL COURT RULES. The appointment of Court Managers in the
District and Subordinate Courts shall be made by the High Court. The administrative control shall be of the
Principal District and Sessions Judges/Judicial Commissioner, as the case may
be, in the Subordinate Courts. Appointment of the Court Managers in the
Civil Courts of Jharkhand shall be made:- (1)
By
Direct Recruitment through written examination followed by interview, or (2)
Regularisation
by way of absorption of Court Managers already working as Court Managers, in
light of directions of Hon'ble Supreme Court as one time measure. (3)
Any
employee already working in the establishment of Civil Court having a degree of
MBA or equivalent from a recognized institution shall be eligible to
participate in the selection process for consideration of candidature as per
the provision of Rule 5(1) subject to eligibility criteria as per Rule 8(2)
with the prior approval of the competent authority. The Service shall consist of the cadre viz.
Court Managers at District & Subordinate Courts of the State of Jharkhand. No person shall be eligible for appointment
to the Service by direct recruitment, unless he satisfies the Appointing
Authority- (1)
That
he/she is a citizen of India. (2)
That
he/she is of sound health and clean habits; (3)
That
his/her conduct, character and antecedents are such as to qualify him for the
service; (4)
That
he has completed 25 years of age on the date of advertisement by the High Court
or cut of date, if any Provided that- (i)
The
upper age limit for other reserved categories residing in the Jharkhand State
shall be computed as per the resolution of Department of Personnel,
Administrative Reforms & Rajbhasha, Government of Jharkhand, Ranchi in
force on the date of advertisement. (ii)
The
Chief Justice may, at his discretion, relax the age rule, if he considers it
necessary in individual cases. (5)
That
he/she possesses the educational qualification and/or experience as indicated
in Rule 8. (1)
A
degree or Advanced Diploma in General Management preferably MBA from a
recognized institution. AND (2)
Five
(5) Years Experience/Training in System and Process Management. OR (3)
Five
(5) Years Experience/training in IT Systems Management, HR Management and
Financial System Management. (a)
Those
personnel serving as on the date of commencement of these Rules, as Court
Managers in District and Subordinate Courts in the State of Jharkhand, having
been recruited as per the notification dated 03.02.2012 published in
"Jharkhand Gazette Extraordinary Published By Authority No. 55 14 Magh,
1933 (S) Ranchi, Friday 3rd Feb' 2012. Jharkhand High Court At Ranchi Dated
Ranchi the 02nd February, 2012 No. 36/A" shall be eligible for one time
regularisation by way of absorption in the cadre of Court Manager which they
may be holding on the date of commencement of these Rules in terms of the
direction passed by Hon'ble Supreme Court in I.A. No. 279 of 2010 in W.P. (C)
No. 1022 of 1989. (b)
The
regularisation by way of absorption under Sub Rule (a) as mentioned above shall
be a one- time exercise. (c)
The
personnel, not recruited as per the guidelines laid down in the "Jharkhand
Gazette Extraordinary Published By Authority No. 55 14 Magh, 1933(S) Ranchi,
Friday 3rd Feb' 2012. JHARKHAND High Court At Ranchi Dated Ranchi the 02nd
February, 2012 No. 36/A" and the personnel, not in service as on the date
of commencement of these Rules, in any category of post, shall not be entitled
for regularisation by way of absorption as mentioned above. 7th Pay Commission Level-11, 67700 & 6th
Pay Commission (PB-III): 15600-39100 Grade Pay 6600/- (i)
There
will not be any post for regular promotion in the cadre, since it is single
cadre post. (ii)
The
benefit of MACP will be implemented in light of Sankalp No. 2981 dated
01.09.2009 of the Finance Department, State of Jharkhand or any subsequent
resolution for financial upgradation by the State Government. (iii)
The
duration of service for taking the benefit of MACP will be computed from the
date of joining/taking charge on the post of Court Manager. (a)
Court
Managers in the District and Subordinate Courts in the State of Jharkhand,
recruited on contractual basis as per the guidelines laid down in the
"JHARKHAND GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 55 14 Magh,
1933 (S) Ranchi, Friday 3rd Feb' 2012 JHARKHAND HIGH COURT AT RANCHI Dated
Ranchi the 02nd February, 2012 No. 36/A" shall be placed in the same order
of seniority of their appointment in the respective post and continuing in
service as on the date of commencement of these Rules, irrespective of the date
of their actual regularisation by way of absorption into a category of post,
which they are holding as on the date of commencement of these Rules. (b)
Court
Managers in the District and Subordinate Courts appointed by direct recruitment
shall be placed in the same order of seniority as indicated in their
appointment order/merit list issued by the High Court based on their
performance in the recruitment process and they shall be placed below the
absorbed candidates. (c)
Seniority
of Court Managers shall be counted after the date of regularization. (A)
Persons
appointed to the service by direct recruitment or by regularisation by way of
absorption shall be on probation for two years from the date of their initial
appointment and their confirmation in service shall be subject to clearing the
probation period successfully. In any individual case and class of cases, the
Hon'ble Court may extend period of probation. (B)
Confirmation.- A probationer shall be confirmed
substantively at the end of his probation period (or extended probation period)
if his work and conduct during the period of probation have been found to be
satisfactory. The Court Managers of Civil Courts will be
member of Establishment of Civil Court under these rules for all intents and
purposes. Any matter not covered under this shall be governed by "The
Jharkhand State Civil Courts' Officers and Staffs (Recruitment, Promotion,
Transfer and other Service Conditions) Rule 2018". The Chief Justice may from time to time with
respect to any individual case or for any class or group of cases relax any
condition or any requirement as it relates to age, qualification or minimum
experience, as is or may be prescribed in or under these Rules. If any dispute or question arises relating to
the applicability or interpretation of these Rules, the decision of the Chief
Justice shall be final. (A)
With
a view to achieve the purpose of these Rules and also to carry into effect the
provisions and objectives contained therein, the Court may, from time to time,
make regulations or issue Administrative Orders. (B)
Without
prejudice to the generality of the foregoing power, such regulations or orders
may relate to, or provide for:- (i)
a
procedure for making direct appointments, including the conduct of examinations
and the fees required to be paid by the candidates desirous of appearing in
such examinations ; (ii)
the
provision or prescription of any special examinations or tests for clearance of
probation; or The High Court may, from time to time, amend
these Rules. (A)
The
following penalties may for good and sufficient reasons, and as hereinafter
provided, be imposed upon the Court Managers in the District and Subordinate
Courts, namely- Minor Penalties: (i)
censure; (ii)
fine, (iii)
with
holding of increments or promotion, and (iv)
recovery
from pay of any loss caused to the State. Major Penalties (i)
pre-mature
(compulsory)retirement; (ii)
removal
from service, which does not disqualify for future appointment, and (iii)
dismissal. (B)
Without
prejudice to the generality of the provisions of law, no order imposing any
'minor penalty' shall be passed against a Court Manager unless he/she has been
given an adequate opportunity in writing of making a representation that he may
desire and before taking such representation into consideration. Explanation.- While giving an opportunity of
making representation, the Court Manager shall be informed in writing the
substance of the accusations/allegations against him and he would be asked to
submit his detailed reply/defense with respect thereto. With Regard to preferring appeal against the
punishment and the matters not specifically covered under these Rules including
the matters governing service conditions of the Court Managers, their conduct
and discipline, the Court Managers shall be governed by the Jharkhand Government
Servant (Classification, Control and Appeal) Rules-2016, as well as by Law,
Rules and Regulations or norms applicable to the State Government Employees in
general in so far as these are not inconsistent with, or repugnant to these
Rules. The service of the Court Managers of District
and Subordinate Court will be transferable as per administrative exigency or in
public interest as per the direction of the High Court. Rule of reservation/roster applicable in the
State of Jharkhand shall be applicable. (1)
The
guideline notified in JHARKHAND GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY
No. 55 14 Magh, 1933 (S) Ranchi Friday 3rd Feb' 2012. JHARKHAND HIGH COURT AT
RANCHI Dated Ranchi the 02nd February, 2012 No. 36/A is hereby repealed. (2)
Notwithstanding
such repeal, any order, rule, notification or scheme made or anything done or
any action taken in pursuance of any provision of the said guideline, shall be
deemed to have been made, done or taken under the corresponding provisions of
this Rule. ANNEXURE
"A" Duties and Responsibilities of COURT
MANAGERS Nature of work.- The duties of Court Managers for the District Courts shall
be to assist the Principal District & Sessions Judge/Judicial Commissioner
in administrative duties including formulation of policy for better
e-governance, disposal of cases and for efficient court management. (A)
Policies and Standards ·
For the Managers at the District and
Subordinate Courts:- ·
Based on applicable directives of High
Court, a performance standard will be established and looked after by the
Managers which shall include Induction training of the employees. ·
Carry out an evaluation of the
Compliance of the Court with standards, Identify deficiencies and deviations,
identify steps required to achieve compliance, maintain such an evaluation on
current basis through annual updates. For the same the managers shall :- Prioritization of Cases.- The cases may be prioritized as Fast Track Cases, Normal Track
Cases and Slow Track Cases depending on the age of the cases year wise and
according to its stage of the case and may be listed as per the prioritization. The Registrar and Chief Administrative Officer shall
exercise supervisory jurisdiction over the functioning of Court Managers. (B)
Planning For the Managers at the Judgeships of the State Ø In consultation with the Stakeholders of a Court (including
the Bar, ministerial staff, Executive Agencies supporting Judicial functions
such as prosecutors/police/process serving agencies and Court users) to prepare
and update annually a 5 year Court Development Plan (CDP) Ø Look after the implementation of the CDP and report to
superior authorities on progress. CASE/COURT MANAGEMENT ·
To ensure that the processes and procedures
of the Court (including for filing, scheduling, conduct of adjudication, access
to information and documents and grievance redressal) are fully compliant with
the policies and standards established by the High Court for Court Management
and they safeguard quality, ensure efficiency and timeliness and minimize costs
to litigants and to the State and enhance access to Justice. Information and Statistics Ø Ensure that reports on statistics are duly compiled and
provided as required DAY TO DAY ACTIVITIES, FUNCTIONS AND
DUTIES (i)
Management cadre shall ensure that the
processes and procedures of the Court i.e. filing, scheduling, conduct of
adjudication, access to information and documents and grievance redressal are
fully compliant with the policies established by the High Court for Court
Management and that they shall safeguard quality, ensure efficiency and
timeliness, and minimize costs to litigants and to the State, and enhance
access to justice. (ii)
Ensure that Case Management systems
are fully compliant with the policies and standards established and timeliness,
costs to litigants and to the State. (iii)
The Principal District & Sessions
Judge/Judicial Commissioner may assign any duty by general or special order,
from time to time. (iv)
Personnel appointed under the
Management cadre shall report as per separately mentioned reporting channel. (v)
Any other work assigned by The
Principal District & Sessions Judge/Judicial Commissioner, Registrar or
Chief Administrative Officer. (vi)
Court Managers can not interfere with
policy decisions. Fiscal Administration- Look after all the work of Court budgets,
administrating accounting, purchasing, payroll and financial control
functions, acquiring and overseeing grants and guiding and budget Case Flow Management-Look after of post disposition activity,
assessment of compliance with orders and continuous process evaluation Human Resource Management-Inter District Transfer Related Work of
employees, Matter regarding compassionate appointment, employees
Grievance/complaints related work, Employees ACR related work TECHNOLOGY MANAGEMENT-Evaluating technology based opportunities for
expanding the Court system capacity, providing technologies to navigate
information systems, providing electronic transmission of and access to data,
images and other files in automated records management and retrieval systems,
utilizing Court room technology and implementation of other computer assisted
systems that can improve Court performance. INFRASTRUCTURE - In Consultation with the stakeholders of a court
(including the Bar, ministerial staff, Executive Agencies supporting judicial
functions such as prosecutors/policies/process serving agencies and court
users)prepare, implement and update annually a 5 years court wise Court
Development Plan. Statistics-Ensure that reports on statistics are duly compiled and
provided as required RESPONSIVENESS MANAGEMENT -Access to Justice Legal Aid and User
Friendliness-Ensure that the court meets standards established by the High
Court on access to justice, legal aid and user friendliness. Look after OF SECTIONS/COURTS/OTHER DEPARTMENT AND Look after OF STAFF-Court Registers and Receipts, Centralize Filing Centre,
Talwana Section, Nazarat Section, Copying Section, Malkhana Library, Record
Room Section, Computer Section, work Assignments to employees in case of
Court is vacant or Judicial Officer is on leave Arrangement of alternate for
Court, if the Judicial Officer is on leave. Any other work assigned by the Principal District and Sessions
Judge/Judicial Commissioner. ANNEXURE-
B REPORTING CHANNEL OF COURT MANAGER DISTRICT
COURT: PRINCIPAL DISTRICT AND SESSIONS JUDGE or ANY
JUDGE AUTHORIZED REGISTRAR/Chief Administrative Officer/Chief Shrestedar COURT MANAGER OTHER MINISTERIAL CADRE OF THE JUDGESHIPJHARKHAND
STATE CIVIL COURTS' COURT MANAGERS (RECRUITMENT, CONDITIONS OF SERVICE, CONDUCT
AND APPEAL) RULES, 2020
PREAMBLE
COURT MANAGER ROLES AND RESPONSIBILITIES DISTRICT COURT