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MIZORAM JUDICIAL SERVICE RULES, 2006

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MIZORAM JUDICIAL SERVICE RULES, 2006

PREAMBLE

In exercise of the power conferred by the proviso to Article 309, read with Article 234 of the Constitution of India and in supersession of all previous notifications on the subject-matter, the Governor of Mizoram after consultation with the Mizoram Public Service Commission and with the Gauhati High Court is pleased to make the following rules, namely:-

Rule 1. Short title and commencement.-

(1) These rules may be called 'The Mizoram Judicial Service Rules, 2006.

(2) They shall come into force with effect from the date of publication in the Mizoram Gazette.

Rule 2. Application.-

These rules shall apply to all members of the Mizoram Judicial Service.

Rule 3. Definition.-

In these rules, unless there is anything repugnant to the subject or context:-

(a) "Cadre" means the Cadre of the Service;

(b) "Chief Justice" means the Chief Justice of the Gauhati High Court;

(d) "Constitution" means the Constitution of India;

(e) "Governor" means the Governor of Mizoram;

(f) "Government" means the Government of Mizoram;

(g) "High Court" means The Gauhati High Court;

(h) "Members of the Service" means the officers appointed or deemed to have been appointed under the provisions of these rules;

(i) "Service" means the Mizoram Judicial Service;

(j) "Year" means the Calendar Year.

Rule 4. Constitution of the Service.-

There shall be constituted a State Service to be known as the 'Mizoram Judicial Service' and any member of the service shall be under the exclusive control of the Gauhati High Court except during the period, such a member of the Service is holding any post other than the Cadre post on deputation.

Rule 5. Cadre.-

(1) The strength of the Service and cadre shall be determined by the Governor from time to time in consultation with the High Court.

(2) On the commencement of these rules, the strength of the service shall be as given in Schedule -A appended to these rules.

(3) The Governor may, by Notification, leave unfilled or hold in abeyance any post of the Cadre or may increase the strength of the Cadre by creation of additional post as may be required and recommended by the High Court from time to time.

Rule 6. Initial Recruitment.-

(1) The persons who at the time of commencement of these rules are the existing members of the service or are holding any post as may be specified/notified by the State Government in consultation with the High Court shall continue as such under the administrative control of the High Court.

(2) The persons whose services are placed under the administrative control of the High Court shall be considered for initial recruitment by way of absorption in the post mentioned in Schedule - A. Those who are found suitable by the High Court shall be appointed by the Governor as initial recruits by way of absorption. Such persons who are not found suitable for initial recruitment/ absorption will stand reverted to the State Government.

(3) The High Court may place the services of members of the service at the disposal of State Government on deputation, as may be requisitioned by the State Government from time to time.

(4) After initial recruitment by way of absorption, vacancies in the posts mentioned in Schedule -A shall be filled up in accordance with these rules.

Rule 7. Gradation.-

The gradation of the service in the Cadres for the purpose of their career advancement shall be as follows:-

(a) District Judge.

The Cadre of the District Judge shall consist of the following grades:-

(a) District Judge.

(b) Selection Grade

(b) Civil Judge (Senior Division).

Rule 8. Pay and Allowances.-

(1) The time scale of pay of the Mizoram Judicial Service shall be as under:-

(i) District Judge Cadre:

(a) District Judge, Suppertime Grade: Rs. 22850-500-24850/- (Non-functional)

(b) District Judge, Selection Grade: Rs. 18750-400-19150-450-21850-500-22850/-(Non-functional).

(ii) Civil Judge (Senior Division) Cadre.

(a) Civil Judge (Sr. Division): Rs. 16750-400-19150-450-20500/- (Non-functional) (Second Stage ACP)

(b) Civil Judge (Sr. Division): Rs. 14200-350-15950-400-18350/- (Non-functional) (First Stage ACP)

(iii) Civil Judge Cadre:

(a) Civil Judge : Rs. 12850-300-1350-350-15950-400-17550/- (Non-functional) (Second Stage ACP)

(b) Civil Judge : Rs. 10750-300-13150-350-14900/- (Non-functional) (First Stage ACP)

(2) Allowances and other service benefit shall be as per entitlement notified by the Government in the Official Gazette from time to time.

Rule 9. Method of Recruitment, Qualification and Age limit.-

In respect of each category of the Cadre specified in column (2) of the Table below, the method of recruitment and minimum qualification, age limit etc., are as shown in the corresponding entries in columns (3) and (4) thereof.

Provided that the High Court shall have the power to relax the qualifying service of Judicial Officer for the purpose of promotion in case the same is considered necessary in the interest of service.

Sl. No	Cadre	Method of Recruitment	Qualification, age limit etc.
1	2	3	4
1.	District Judge	(i) Not exceeding 25% of the posts in the cadre may be filled by direct recruitment on the basis of the aggregate marks/grade secured in a competitive examination conducted by the High Court as specified in Schedule-B of these rules.	By direct recruitment 1. Must be holder of degree in Law of a recognized University. 2. Must be practicing as an Advocate in courts of Civil and Criminal Jurisdiction on the last date fixed for receipt of applications and must have so practiced for a period not less than seven years as on such date
			3. Must have attained the age of 35 (thirty five) years and must not have attained the age of 48 (forty eight) years in the case of candidates belonging to Scheduled Tribes and forty five years in the case of others, as on the last date fixed for receipt of applications.
			4. Must possess knowledge of Mizo Language at least Middle School standard.
		(ii) 50% of the posts in the cadre shall be filled by promotion from the cadre of Civil Judges (Senior Division) of the service on the basis of merit-cum-seniority in consultation with the High Court following the criteria in Schedule-E.	1. Must have been in the cadre of Civil Judges (Senior Division) for a period of not less than 5 years regular service in the Cadre.
		(iii) Remaining 25% of the post in the Cadre shall be filled up by promotion strictly on the basis of merit through limited departmental competitive examination as conducted by the High Court as specified in Schedule - B of these rules.	1. Must have been in the cadre of Civil Judges (Senior Division) for a period of not less than 5 years regular service in the Cadre.
2.	Civil Judge ( Sr. Division)	By promotion from the cadre of Civil Judges of the service on the basis of merit-cum-seniority by the High Court following the criteria in Schedule - E.	By Promotion: 1. Must have been in the cadre of civil Judge for a period not less than 7 years regular service.
3.	Civil Judge	By direct recruitment on the basis of aggregate marks obtained in a competitive examination conducted by the Commission as indicated in Schedule-B of these rules.	By direct recruitment: 1. Must be holder of degree in Law of a recognized University. 2. Must not have attained the age of 35 (thirty five) years.
			3. Must not have completed 40 years of age in the case of candidates belonging to Scheduled Castes or Scheduled Tribes and 35 years of age in the case of others as on the last date fixed for receipt of applications. 4. Must possess knowledge of Mizo language of at least Middle standard.

Rule 10. Disqualification for appointment.-

No person shall be eligible for appointment to the service:

(a) Unless he is a citizen of India.

(b) If he is dismissed from service by any High Court, Government or statutory or local authority.

(c) If he has been convicted of an offence involving moral turpitude or who is or has been or has been permanently debarred or disqualified by the High Court or the Union Public Service Commission or any State Public Service Commission from appearing for examination or selections conducted by it.

(d) If he directly or indirectly influences the recruiting authority by any means for his candidature.

(e) If he is a man, has more than one wife living and if a woman, has married a man having another wife living.

Rule 11. Recruitment.-

(1) To fill a vacancy required to be filled by promotion, the recruiting authority shall take all necessary steps well in advance so as to finalise the list of persons considered eligible for promotion at least 10-15 days before the occurrence of the vacancy.

(2) (i) Whenever two or more vacancies required to be filled by direct recruitment occurs in a cadre in the service or once in two years, whichever is earlier, the recruiting authority shall, invite by advertisement and in at least two Local/National news papers in two consecutive issue, applications in such form as it may determine from intending candidates, who possess the prescribed qualifications. The advertisement shall indicate the number of vacancies and shall contain all necessary information relating to the recruitment. It shall also indicate that an additional list of selected candidates would be prepared as per clause (iv).

(ii) The decision of the recruiting authority as to the eligibility or otherwise of a candidate for admission to the written and viva voce examination shall be final. No candidate to whom Certificate of admission has not been issued by the recruiting authority shall be admitted for the examination.

(iii) The recruiting authority shall, on the basis of cumulative grade value secured by a candidate, prepare in the order of merit, assessed as provided in Schedule- B, a list of candidates to be included in the list which shall be equal to the number of vacancies notified.

(iv) The recruiting authority shall, in accordance with the provisions of clause (iii), also prepare an additional list of names of candidates not included in the list of candidates prepared under clause (iii) above, for which the number of candidates to be included, shall, as far as possible, be ten percent of the number of vacancies notified for recruitment or one, whichever is higher.

(v) The lists so prepared under clauses (iii) and (iv) above shall be published for general information and they shall cease to be operative on the expiry of one year from the date of such publication.

(vi) Candidates whose names are included in the list prepared under clause (iii) above shall be considered for appointment in the order in which their names appear in the list and subject to rule 10, they may be appointed by the appointing authority in the vacancies notified under clause (i) above. Candidates whose names are included in the additional list prepared under clause (iv) may be similarly appointed after the candidates whose names are included in the list published under clause (iii) above have been appointed.

(vii) Inclusion of the name of a candidate in any list prepared under clause (iii) or (iv) above shall not confer any right of appointment to such candidate.

Rule 12. Fees.-

Every candidate for direct recruitment may be required to pay such fees as may be specified in the notification inviting applications.

Provided that in the case of a candidate belonging to Schedule Caste or Scheduled Tribe, the fees payable shall be one half of the fees specified in the notification for other candidates.

Rule 13. Conditions relating to suitability, Fitness and character.-

(1) No person selected for appointment by direct recruitment shall be appointed:-

(i) unless the appointing authority is satisfied that he is of good character and is in all respects suitable for appointment to the service,

(ii) unless he is certified by the Medical Board of the Government for the purpose that he is medically fit to discharge the duties of the post to which he is selected for appointment.

(2) Every candidate selected for appointment by direct recruitment shall furnish certificates, given not more than six months prior to the date of the application, from two respectable persons unconnected with his college or university and not related to him testifying to his character, in addition to the certificate which may be required to be furnished from the educational institution last attended by him.

Rule 14. Joining time for appointment.-

(i) A candidate by direct recruitment shall report for duty before the authority on the date specified in the order of appointment.

(i) Notwithstanding anything contained in sub-rule (i) the appointing authority may on the application of the candidate, if satisfied that there are good and sufficient reasons for doing so, by order in writing, grant such further time as it may deem necessary.

(ii) The name of the candidate who fails to assume charge of the post within the time specified in sub-rule (i) or within the further time granted under sub-rule (ii) shall stand deleted from the list of selected candidates and he shall cease to be eligible for appointment.

Rule 15. Oath.-

Every person appointed to the service shall, before joining, make and subscribe before such person as may be specified by the Chief Justice of the High Court, oath or affirmation in the Form as mentioned in Schedule-C.

Rule 16. Appointment.-

(1) All appointments to the service in the Cadre of District Judge; Civil Judge (Senior Division) and Civil Judge shall be made in the appropriate cadre/Grade but not against any specific post.

(2) Appointments to the service in the Cadre of the District Judge by promotion /direct recruitment shall be made by the Governor on the recommendation of the High Court, and appointment to service in the Cadre of the Civil Judge by direct recruitment shall be made by the Governor on the recommendation of the Mizoram Public Service Commission.

(3) All appointment to the service in the Cadre of Civil Judge (Senior Division) by promotion from Civil Judge Cadre and promotion to the Selection Grade and Super time Grade in the Cadre of the District Judge and the grant of the first and second stage ACP Scale to the Civil Judge (Senior Division) and Civil Judge Cadre shall be made by the High Court.

(4) Promotion of the member of the service to higher Cadre as well as higher grades in the Cadre of the service shall be made strictly following the criteria laid down in Schedule-E.

Rule 17. Training.-

(1) There shall be a training course for the Officers appointed in the Cadre of Civil Judge entry grade of the service and direct recruit in the entry grade of the District Judge Cadre of the service, as the High Court may deem fit and proper as per the Schedule-D.

(2) The High Court may arrange Refresher course for officers of all cadres from time to time. The Judicial Officer may also be deputed for Training/Refresher Course outside the State or outside the country in consultation with the State Government.

Rule 18. Probation.-

(1) All appointments to the service by direct recruitment shall be on probation for a period of two years.

(2) All appointees by promotion shall be on probation for a period of one year.

(3) The period of probation, for reasons to be recorded in writing, may be extended by the appointing authority but the total period of probation shall not exceed three years.

(4) Notwithstanding anything contained in sub-rules (1) and (2) where validity of the appointment of any person-

(a) as probationer is questioned in legal proceedings before a court of law, the period of probation of such person shall continue until the final disposal of such proceedings.

(b) as a promotee on probation is questioned in legal proceeding before a Court of law, the period of probation of such promotee shall continue until the final disposal of such proceedings.

(5) At the end of the period of probation or the extended period of probation, as the case may be, the appointing authority shall consider the suitability of the person so appointed or promoted to hold the post to which he was appointed, and-

(i) If it decides that he is suitable to hold the post to which he was appointed and has passed the special examinations or tests; if any, required to be passed during the period of probation, it shall, as soon as possible, issue an order declaring him to have satisfactorily completed the period of probation and such an order shall have effect from the date of expiry of the period of probation, including extended period, if any, as the case may be.

(ii) If the appointing authority considers that the person is not suitable for confirmation to the Cadre/Grade to which he was appointed or promoted, as the case may be, shall by order-

(i) If he is a promotee, revert him to the Cadre/Grade which he held prior to his promotion.

(ii) If he is a direct recruit, discharge him from service;

(6) A person shall not be considered to have satisfactorily completed the period of probation unless a specific order to that effect is issued. Any delay in issuing such an order shall not entitle the person to be deemed to have satisfactorily completed the period of probation.

(7) A probationer shall be deemed to be on probation until confirmed, reverted or terminated as the case may be.

(8) Discharge of a probationer during the period of probation-

(i) Notwithstanding anything contained herein above, the appointing authority may, at any time during the period of probation, discharge from service, a probationer of direct recruit on account of his unsuitability for the service.

(ii) An order under sub-rule (1) shall indicate the grounds for the discharge but no disciplinary inquiry shall be necessary.

Rule 19. Appeal.-

No appeal shall lie against an order discharging a probationer or an order reverting a promotee to the post held by him prior to his promotion.

Rule 20. Confirmation.-

A probationer who has been declared to have satisfactorily completed the period of probation shall be confirmed in service of the Cadre/Grade to which he was appointed or promoted, as the case may be, at the earliest.

Rule 21. Increment during the period of Probation.-

(a) A probationer may draw the increments that fall due during the period of probation. He shall not however, draw any increment after the expiry of the period of probation unless and until he is declared to have satisfactorily completed his probation.

(b) When a probationer is declared to have satisfactorily completed his probation he shall draw, as from the date such order takes effect, the pay he would have drawn had be been allowed the increments for the whole of his service from the date of his appointment on probation.

Rule 22. Posting and Transfer.-

Posting and transfer of Judicial Officers to the Judicial Posts shall be made by the High Court.

Rule 23. Deputation.-

Any member of the service may be transferred and posted to perform the duties of any post in the Central Government or State Government or the Union Territory Government or to serve in any organization, which is wholly or partly owned or controlled by the Central or the State Government on deputation for a period of 3 years or for such period as the High Court and the borrowing department may agree. But the total period of deputation to a particular post in one spell shall in no case exceed 5 years.

Rule 24. Seniority.-

(1) An Officer appointed or promoted in accordance with the rules, on regular basis shall be senior to persons appointed ad-hoc or temporarily.

(2) The seniority inter-se of the members of the service, appointed on the basis of result of competitive Examination/Limited Departmental Examination shall be determined according to the Merit List prepared by the concerned Authority.

(3) Where officers are recruited to a Cadre by promotion or by direct recruitment on the same date, the officers recruited by promotion shall take precedence over the direct recruit officer(s).

(4) Where two officers are placed at the same position of the Merit List, the person senior in age shall be senior to the other.

(5) The inter-se seniority of persons appointed in any Cadre/Grade by way of promotion /direct recruitment/departmental examination shall be determined according to the dates in which they report for duty, subject to merit list.

(6) Where more than one Officer is promoted to a cadre by the same order, the inter-se Seniority of persons so promoted shall be determined by their inter-se Seniority in the lower Cadre unless directed otherwise.

(7) A 40 (forty) point roster is to be maintained for appointment/promotion to the Cadre of the District Judge of the Service. The posts at Serial Nos. 1 and 2 will go to the promotees under 50% quota. The post at Serial No 3 shall go to the promotee under the limited Departmental competitive examination and the post at serial No. 4 shall be available to Direct recruit. This process shall be repeated till all the posts in the cadre are filled up in the roster in the manner stated.

Provided that the above roster will not affect the existing members of the Service and this be implemented prospectively.

(8) The High Court shall prepare and publish a Seniority list of Officers in all Cadres from time to time and the list so published shall be used for the purpose of consideration for promotion to the next higher cadre.

(9) The Seniority inter-se of the members of the service appointed to various Cadre/Grades by way of absorption for the initial constitution of the service under these rules will be determined on the basis of their inter-se-Seniority under the State Govt. prior to their absorption.

Rule 25. Retirement.-

Except as otherwise provided in this Rule, every Judicial Officer shall retire from service on the afternoon of the last date of the month in which he attains the age of 60 years, provided that the Judicial Officer whose date of birth is the 1st day of the month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of 60 years.

Rule 26. Retirement in Public Interest.-

(1) There shall be a committee consisting of three Senior Judges, headed by Chief Justice of the High Court to review the career progress and other attributes of all Judicial Officers.

(2) This review will be undertaken when the concerned officer (s) attained the age of 50 or has completed 25 years' service whichever is earlier. If the committee considers that in public interest the officer should be retired from service, he shall be retired as per the provision of FR 56 (J) of Fundamental Rules.

Provided that nothing in sub-rule (2) shall be considered as preventing consideration for compulsory retirement of a member of the service at anytime other than those mentioned therein.

Rule 27. Re-employment after retirement.-

(1) Judicial Officer retiring at the age of 60 years may be re-employed till the age of 62 years, if the High Court so desires provided there are vacancies in the Cadre appropriate for such re-employment and they satisfy the following conditions.

(i) There is no adverse comment in the ACRs so far as disposal/integrity and character are concerned.

(ii) The Officer was not dismissed or removed or compulsorily retired or made to seek retirement.

(iii) The Officer has not sought voluntary retirement after initiation of departmental proceedings/inquiry.

(2) Judicial Officer will have to be found fit and eligible to continue in service only after assessing and evaluating the record for his continued utility and recommended by the High Court.

(3) The order of re-employment shall be made by the Governor, only on the recommendation of the High Court.

Rule 28. Addition of certain past service for the purpose of pension.-

Notwithstanding anything contained in the Civil Services (Pension) Rules, 1972, as adapted by the Government of Mizoram or in any other rules.

(1) The members of the Service initially recruited to Civil Judges Cadre of the Service having not less than 10 years of actual qualifying service shall be entitled to add to their service qualifying for superannuation pension, the actual period, of practice put in by him at the Bar not exceeding three years.

(2) The members of the Service directly recruited from the bar to the District Judges Cadre of the Service, having not less than 10 years of actual qualifying service, shall be entitled to add to their service qualifying for superannuation pension, the actual period of practice put in by him at the Bar not exceeding seven years.

Rule 29. Residuary Provision.-

The Conditions of service of the members of the service for which no express provision is made in these rules shall be determined by the rules and orders for the time being applicable to corresponding State Civil Services.

Rule 30. Conduct.-

A Judicial Officer appointed under these rules shall be required to maintain the absolute integrity and conduct himself in conformity with the dignity of the office he holds. He should follow the Code of Conduct as provided in Appendix-A to these rules.

(A) Disqualification:

(1) A Judge shall disqualify himself or herself in a proceeding in which the Judge's impartiality might reasonably be questioned, including, but not limited to instances where;

(a) The Judge has personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of disputed evidentiary facts concerning the proceeding;

(b) The Judge served as a lawyer in the matter in controversy, or lawyer with whom the judge previously practiced law, served during such association as a lawyer concerning the matter, or the judge has been a material witness concerning it;

(c) The Judge knows that he or she, individually or a fiduciary, or the judge's spouse, parent or child wherever residing, or any other member of the judge's family residing in the judge's household, has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other interest that could be substantially affected by the proceeding;

(d) The judge or the judge's spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person;

sis a party to the proceeding, or an officer, director or trustee of a party;

(i) is acting as a lawyer in the proceeding;

(ii) is known by the judge to have interest that could be substantially affected by the proceeding;

(iii) is to the judge's knowledge likely to be a material witness in the proceeding.

(2) The rules governing and regulating the conduct of State Civil Service Officers shall, in so far as they are not inconsistent with the rules in this chapter, shall apply to the members of the service.

(B) Disciplinary Authority:

(1) The members of the service shall be under the disciplinary control of the High Court and the disciplinary proceeding if and when necessity arise may be drawn up against the member of the Service in accordance with the provisions of the rules followed by the Gauhati High Court. Notwithstanding anything contained in this rule, penalty of dismissal or removal from Service and reduction in rank in respect of any member of the Service shall be imposed by the Governor only on the recommendation of the High Court.

(2) No disciplinary proceeding shall be initiated against any member of the service except by the High Court.

Rule 31. Leave, Pension etc.-

Except as provided in these rules, Retirement benefits, leave and other conditions of service of the members of the Service shall be regulated by the relevant rules in force in the State which are applicable to members of corresponding State Civil Services.

Rule 32. Power to relax.-

(1) Where the High Court is satisfied that the operation of any of the rules relating to posting, transfer, probation, confirmation, promotion, deputation and leave causes undue hardship in any particular case or to any category of service, it may, for reasons to be recorded in writing, dispense with or relax the particular rule to such extent and subject to such exceptions and conditions as may be deemed necessary.

Provided that if any such relaxation is granted by the High Court, the State Government shall be informed of the same.

(2) Save as otherwise provide in sub-rule (1), where the State Government is satisfied on the recommendation of the High Court that the operation of any of the rules relating to appointment, imposition of major penalties of dismissal, removal and reduction in rank and compulsory retirement, causes undue hardship in any particular case or to any category of service, it may, for reasons to be recorded in writing, dispense with or relax the particular rule to such extent and subject to such exceptions and conditions as may be deemed necessary.

Rule 33. Saving.-

Any appointment made, order issued, action taken or anything whatsoever done under the earlier Mizoram Judicial Service Rules prior to the coming into force of these rules, shall be deemed to have been validity made, issued, taken or done under the corresponding provisions of these rules.