Telangana State Judicial (Service And
Cadre) Rules, 2023
[10th June 2023]
In
exercise of the powers conferred under Article 233, 234, 235, 237 read with the
proviso to Article 309 and proviso to clause (3) of Article 320 of the
Constitution of India and all other powers hereunto enabling and in
supersession of the existing Rules issued in Government Orders 1st and 2nd read
above and in consultation with the High Court for the State of Telangana,
Hyderabad, the Governor of the State, hereby makes the following Special Rules
in respect of the Telangana State Judicial Service:-
CHAPTER 1 Preliminary
Rule - 1. Short title application and commencement
(1)
These
rules shall be called the "Telangana State Judicial (Service and Cadre)
Rules, 2023."
(2)
These
rules are applicable to the existing vacancies and future vacancies.
(3)
They
shall be deemed to have come into force with effect from 01.01.2023.
Rule - 2. Definitions
In these Rules unless the context otherwise requires:-
(a)
"Academy"
means the Telangana State Judicial Academy;
(b)
"Approved
Probationer" means a member of the service, who has satisfactorily
completed the probation in such service;
(c)
"Cadre"
means the post in each category of service;
(d)
"Cadre
Strength" means the number of posts permanent as well as temporary in the
cadre;
(e)
"Confirmed
Member" means a member of the service who has been confirmed in accordance
with these Rules;
(f)
"Direct
Recruitment" means appointment of a person; who is not in the service of
the Government of India or the Government of the State; to any category in the
service through the process of inviting applications directly from all eligible
and qualified persons;
(g)
"Existing
Vacancy" means the clear vacancies available as on the date of recruitment
notification;
(h)
"Future
Vacancy" means the anticipated vacancies that may arise due to retirement,
Promotion, resignation, elevation etc.,;
(i)
"Government"
means the Government of the State of Telangana;
(j)
"Governor"
means the Governor of the State of Telangana;
(k)
"High
Court" means and includes High Court for the State of Telangana w.e.f.
02.06.2014;
(l)
"Official
Gazette" means the Telangana State Gazette ;
(m)
"Officiation"
means a person is said to be officiating in the post since the date of his
officiating / temporary promotion till he is confirmed / regularized in that
post ;
(n)
"Promotion"
means the appointment of a member of any category in the service to a higher
category in the service carrying higher scale of pay;
(o)
"Recruitment
by Transfer" means appointment of a person to the higher post, who at the
time of his first appointment thereto is either a confirmed member or approved
probationer in any other category of the service or any other service appointed
through the process of inviting applications from all eligible and qualified
persons;
(p)
"Schedule"
means schedule appended to these Rules;
(q)
"Service"
means the Telangana State Judicial Service;
(r)
"State"
means the State of Telangana;
(s)
"Trainee"
means a person who is recruited against a future vacancy and placed on
training.
Rule - 3. Constitution of Senrke
(1)
There
shall be constituted a State Service known as "the Telangana State
Judicial Service".
(2)
The
Service shall consist of the following categories:
(a)
District
Judges
(b)
Civil
Judge (Se1nior Division) and
(c)
Civil
Judge (Junior Division)
(3)
The
cadre strength of the above three categories shall be, as determined by the
Government from time to time, in consultation with the High Court.
(4)
The
cadre of District Judges shall comprise of :-
Note:
(i)
District
Judges (Entry Level Scale)
(ii)
District
Judges (Selection Grade Scale) and
(iii)
District
Judges (Super Time Scale) 25% of the cadre strength thereof is reserved for
"Selection Grade ScaleN and 10% of the cadre strength thereof is reserved
for "Super Time Scale".
(5)
The
cadre of Civil Judge (Senior Division) shall comprise of :-
(i)
Civil
Judge (Senior Division) (Entry Level);
(ii)
Civil
Judge (Senior Division - Assured Career Progression Scale-I) and
(iii)
Civil
Judge (Senior Division - Assured Career Progression Scale-II)
(6)
The
cadre of Civil Judge (Junior Division) shall comprise of:-
(i)
Civil
Judge (Junior Division - Entry Level);
(ii)
Civil
Judge (Junior Division - Assured Career Progression Scale-I ) and
(iii)
Civil
Judge (Junior Division - Assured Career Progression Scale-II)
CHAPTER 2 Appointment and Recruitment
Rule - 4. Appointment
(1)
Appointing
Authority:
The
Governor of the State shall be the Appointing Authority to the cadre posts of
District Judges and Civil Judge (Junior Division). All other methods of
appointment shall be made by the High Court.
(2)
Method
of appointment:
(A)
DISTRICT
JUDGE :
(a)
District
Judge (Super Time Scale) shall be made based on merit-cum-seniority from among
the District Judges (Selection Grade Scale), who have completed not less than 3
years of service as District Judge (Selection Grade Scale).
(b)
District
Judge (Selection Grade Scale) shall be made based on merit -cum- seniority from
among the permanent District Judges (Entry Level), who have put in not less
than five years of service.
(c)
Appointment
to the Category of District Judges (Entry Level): Appointment to the category
of District Judges (Entry Level) shall be made: By Direct Recruitment, By
Transfer on the basis of merit through a Limited Competitive Examination and By
Promotion.
(I)
By
Direct Recruitment:- 25% of the cadre strength shall be filled up by direct recruitment
on the basis of written examination and viva-voce as prescribed by the High
Court:
(II)
Recruitment
by Transfer on the basis of merit through a Limited Departmental Competitive
Examination:- 10% of the cadre strength shall be filled up by Transfer through
limited departmental competitive examination held for Civil Judge (Senior
Division) who have put in not less than five years of qualifying service as on
the date of issuance of notification:
Provided
that, if the eligible Civil Judges (Senior Division) are not available to fill
10% of cadre strength, iri a calendar year or are not qualified in the
examination in a calendar year to all or any of the vacancies notified, the
vacancies to the said extent shall stand transferred to promotion method to be
filled up by promotion in accordance with these Rules:
(III)
By
Promotion from among the Civil Judge (Senior Division) :- 65% of the cadre
strength shall be filled up by Promotion from among the category of Civil
Judges (Senior Division) who have put in at least 5 years of qualifying service
as on the date of notification on the basis of seniority-cum-merit:
Provided
that, a Civil Judge (Senior Division) who is facing disciplinary proceedings or
Criminal proceedings or has undergone or is undergoing punishment for any
misconduct in discharge of his/her duties is not eligible during the pendency
of disciplinary proceedings / Criminal proceedings or during the currency of
such punishment for appointment by Transfer through limited competitive
examination or by Regular promotion to the post of District Judge.
(B)
Civil
Judge (Senior Division):
(a)
Appointment
to the category of Civil Judge (Senior Division) shall be by promotion from the
category of Civil Judges (Junior Division), who have put in not less than five
years of qualifying service, on the basis of seniority-cum-merit:
Provided
that a Civil Judge (Junior Division) who is facing disciplinary proceedings or
Criminal proceedings or has undergone or is undergoing punishment for any
misconduct in discharge of his/her duties is not eligible during the pendency
of disciplinary proceedings / Criminal proceedings or during the currency of
such punishment for Regular promotion to the post of Civil Judge (Senior
Division).
(b)
Civil
Judges (Senior Division) are entitled to be placed in Assured Career
Progression Scales-I and II after completion of 5 years of qualifying service
and 10 years of qualifying service, as the case may be based on
merit-cum-seniority, provided in the meanwhile they are not promoted to the
District Judge cadre.
(C)
Civil
Judge (Junior Division):
(a)
Appointment
to the Category of Civil Judge (Junior Division) shall be made by direct
recruitment and recruitment by transfer:
(i)
Direct
Recruitment: 850/o of cadre strength shall be filled by Direct Recruitment
based on the performance in the written examination and viva-voce as prescribed
by the High Court.
(ii)
Recruitment
by Transfer : 15 °/o shall be filled from among the eligible categories as
specified from time to time based on the performance in the written examination
and viva-voce as prescribed by the High Court from among the confirmed members
or approved probationers.
(b)
Civil
Judges (Junior Division) are entitled to be placed in Assured Career
Progression Scales-I and II after the completion of 5 years and 10 years of
qualifying service as the case may be, based on merit-cum-seniority, provided
they are not promoted as Civil Judges (Senior Division) in the meanwhile.
Rule - 5. Eligibility for Direct Recruitment and Recruitment by transfer
(1)
District
Judges (Entry Level) Direct Recruitment:
A
person to be appointed to the category of District Judge by direct recruitment
shall be:
(a)
One
who has been practicing as an Advocate in the High Court or Courts working
under the control of the High Court for not less than 7 year:5 as on the date
of the notification;
Provided
that a full time salaried Law Officer in the Employment of the Central
Government or State Government or any Public Corporation or Body constituted by
statute shall not be eligible for the post of District Judge.
(b)
A
person, who has completed thirty five years of age and who has not completed
forty eight years of age as on the date of the notification inviting
applications. for such appointment is published in the newspapers.
Provided
that the upper age limit in respect of persons belonging to the Scheduled
Castes; the Scheduled Tribes and Backward Classes is relaxable by three years.
(c)
One
who has good character and is free from any disability, which renders him,
unfit for such appointment:
Provided
further that no person shall be eligible for appointment to the category if :
(i)
is
not a citizen of India;
(ii)
is
dismissed from service by any High Court;
(iii)
Convicted
of an offence involving moral turpitude as defined in the Conduct Rules;
(iv)
is
or has been permanently debarred or disqualified by the High Court or Union
Public Service Commission or any State Public Service Commission from appearing
for examinations or selections conducted by it;
(v)
directly
or indirectly influences the recruitment authority by any means for his candidature;
(vi)
has
more than one spouse living and
(vii)
marries
knowingly a person having a spouse.
(2)
Civil
Judge (Junior Division):
(A)
By
Direct Recruitment: A person to be appointed to the category of Civil Judge
(Junior Division):
(I)
Shall
posses a Degree in Law of a University in India established or incorporated by
or under a Central Act or a State Act or an Institution recognized by the
University Grants Commission and enrolled in the Bar Council as an Advocate.
(and)
Must
have been practicing as an Advocate or Pleader in the High Court or Courts
working under the control of the High Court for a period of not less than 3
years as on the date of Notification for recruitment to the post. Candidate
shall produce certificate of practice obtained from the concerned Bar association
as proof.
(and)
Must
have attained the age of 23 years and must not have attained the age of 35
years in the case of open category and 40 years in the case of persons
belonging to Scheduled Castes, Scheduled Tribes and Backward Classes as on the
date of Notification for recruitment to the post is made.
(or)
(II)
(a)
Must be a Law Graduate possessing a Degree in Law from a recognized University
as mentioned in Clause (I) above, who is eligible to be enrolled as an Advocate
and who has secured an overall 60% marks in acquiring such a Law Degree in case
of open categories and 55% marks in respect of other reserved categories and
has not enrolled as an Advocate. To fall into this category, candidate must
have obtained Degree of Law within a period of three years prior to the date of
Notification.
(and)
(b)
Must have attained the age of 23 years and must not have completed the age of
26 years as on the date of notification for selection to the post is issued.
The upper age limit is relaxable by 5 years in case of persons belonging to
Scheduled Castes, Scheduled Tribes and Backward Classes.
(or)
(III)
(a)
Shall be a person who has enrolled as an Advocate, but do not possess three years
practice at the Bar would be eligible to appear in the recruitment for the post
of Civil Judge, under the category of fresh Law Graduates, provided they
satisfy the other requisite eligibility criteria. Candidate shall produce
certificate of practice obtained from the concerned Bar association as proof.
(b)
Candidate must have good character and is free from any disability which
renders him/her unfit for such appointment:
Provided
that no person shall be eligible for appointment to the category if:
(i)
is
not a citizen of India;
(ii)
is
dismissed from service by any High Court, Government and Statutory or Local
Authority;
(iii)
is
convicted of an offence involving moral turpitude as defined in conduct Rules;
(iv)
is
or has been permanently debarred or disqualified by the High Court or Union
Public Service Commission or any State Public Service Commission or any other
recruiting authority from appearing for examinations or selections conducted by
it;
(v)
directly
or indirectly influences the recruitment authority by any means for his
candidature;
(vi)
has
more than one living spouse and marries knowingly a person having a spouse.
(B)
Recruitment
by Transfer: A person to be appointed to the category of Civil Judge (Junior
Division) by recruitment by transfer:
(I)
(1)
Must hold a Degree in Law awarded by any University established by Law in
India; or incorporated by or under a Central Act or a State Act or an
Institution recognized by the University Grants Commission, and which is valid
for enrollment as an Advocate as per the Rules of the Bar Council of India.
(2)
has not completed forty eight years of age as on the date of Notification for
selection to the post is made.
(3)
must maintain good character and conduct in the entire service.
(4)
The recruitment shall be by transfer on the basis of written examination and
viva voce as prescribed by the High Court.
(II)
The
following categories are eligible to compete under this recruitment method and
who are confirmed members of service or approved probationers.
(i)
Categories
5 and 6 of Division -1; Categories 1 to 4 and Category 5 (a) and (b) of
Division-II of Telangana High Court Service;
(ii)
Categories
1 to 9 of the Telangana Judicial Ministerial and Subordinate Service Rules,
2018;
(iii)
Assistant
Public Prosecutor, Senior Assistant Public Prosecutor, Additional Public
Prosecutor Grade-II of Telangana State Prosecution Service;
(iv)
Section
Officer in the Law Department of the Secretariat;
(v)
Section
Officer in the Legislature Department; and
(vi)
Manager
of the Office of the Advocate General; Government Pleader; Public Prosecutor;
Provided
that fifteen out of every hundred vacancies in the cadre shall be filled up by
means of recruitment by transfer:
Provided
further that a staff member who is facing disciplinary proceedings or Criminal
proceedings or has undergone or is undergoing punishment for any misconduct in
discharge of his/her duties is not eligible during the pendency of disciplinary
proceedings / Criminal proceedings or during the currency of such punishment
for recruitment to the post of Civil Judge (Junior Division).
(3)
Proficiency
in Telugu Language: The candidates applying for the posts of District Judge and
Civil Judge under direct recruitment and recruitment by transfer, must be able
to read, speak and write the Telugu language fluently and shall pass test as
may be prescribed by the High Court.
Regulation - 6. Recruitment, methodoloy for conducting examination, selection process, fee etc
(a)
Computation
and Identification of Vacancies of Civil Judge (Junior Division): On the 15th
Day of January every year the High Court shall publish the information in its
official website the number of existing clear vacancies as well as future /
anticipated vacancies likely to arise in the cadre of Civil Judge (Junior
Division) in the next two calendar years by taking into consideration the
vacancies which may arise due to promotions, retirements etc.,
(b)
On
or before the 15th March of every year, the Recruitment Wing shall be informed
of the number of existing vacancies and the vacancies that are likely to occur
within one year for the post of District Judge by the concerned Registry and
the vacancy position of District Judges shall be published in the Official
Website of the High Court by 31st March of every year.
(c)
Every
year, the High Court, by advertisement in at least two newspapers, one in
Telugu and the other in English and in the Official Gazette of the Government,
invite applications in such form as it may determine from the intending
candidates, who possess the qualifications for filling the existing and future
vacancies, indicating, inter-alia, the eligibility criteria, the syllabus, the
number of marks allotted for written examination, the qualifying marks to be
secured by a candidate, the number of marks allotted for the viva voce, the
ratio in which the candidates are to be called for the written examination and
viva voce. The advertisement shall also specify that the recruitment to these
posts shall be made in accordance with Telangana State Judicial (Service &
Cadre) Rules, 2023.
(d)
For
the purpose of short listing the candidates, who will be applying for the post
of District Judge (Entry level) by direct recruitment and Limited Competitive
Examination by Transfer and for the post of Civil Judge (Junior Division), the
High Court may, if necessary hold a screening test comprising of multiple
choice objective type questions, and call upon the candidates in the ratio of
1: 10 of the available vacancies, who have secured 40% and above marks in the
Screening Test for a written examination:
Provided
that if there are more than one candidate who have secured identical marks in
the screening test, all such candidates shall be called for the written
examination.
(e)
(i)
The High Court shall hold written examinations consisting of three papers as
indicated hereafter in Rule 7, for the post of Civil Judge (Junior Division)
and for the post of District Judge.
(ii)
The medium of examination for writing the examination is English.
(iii)
The syllabus for the screening test and written examination for Civil Judge
(Junior Division)/ District Judge recruitment is as detailed in Schedules E and
F respectively appended to the Rules.
(f)
The
same pattern of examination including the syllabus, which is fixed for direct
recruitment of District Judges (Entry Level) shall be applicable for the
promotion of District Judges under Limited Competitive Examination by Transfer.
(g)
The
object of the written examination is to test the academic knowledge of the
candidate.
(h)
The
object of the viva voce is to assess the suitability of the candidate for the
cadre by judging the mental alertness, knowledge of law, clear and logical
exposition, balance of judgment, skills, attitude, ethics, power of
assimilation, power of communication, character and intellectual depth and the
like, of the candidate.
(i)
A
candidate who has committed any act of copying or misconduct during the course
of Screening Test / Written Examination or has been convicted in a Criminal
Case or is compulsorily retired, removed or dismissed from Judicial Service or
any other service or could not successfully complete probation period or any
post in Judicial Service or any candidate who from own volition sought
discharged from Judicial Services shall not be . eligible to appear for the
competitive examination.
(j)
Any
Officer having found to be of doubtful integrity in any year, shall not be
eligible to appear for the post of District Judge by promotion through Limited
Departmental Competitive Examination.
(k)
Any
candidate who remains absent for the viva voce either for the post of District
Judge or Civil Judge (Junior Division), shall be deemed to have been
disqualified for selection.
(l)
The
decision of the High Court as to the eligibility or other wise of a candidate
for admission to the written examination and viva voce shall be final. Only candidates
who are issued with Hall Tickets shall be admitted for the examination.
(m)
The
High Court shall prepare in the order of merit, a list of candidates
(groupwise) eligible for appointment either to the post of Civil Judge (Junior
Division) or District Judge. The number of candidates to be included in the
list shall be equal to the number of vacancies notified. The list of
provisionally selected candidates will be placed in the official website of the
High Court. Besides the selection list of Civil Judge (Junior Division) /
District Judge, the High Court shall prepare wait list, equal to ten percent
(group-wise) of the number of vacancies notified for recruitment. The said
waiting list will be valid only for six months from the date of preparation or
till the issue of next notification, whichever is earlier.
(n)
The
High Court shall finalize the list of selected candidates and recommend the
names of the selected candidates to the Government for issuance of necessary
orders of appointment.
(o)
The
Government within two months of receipt of the names of the selected candidates
being forwarded to it shall complete the process of verification of the
antecedents of the candidates and medical examination. No person selected for
appointment by direct recruitment shall be appointed unless he/she is certified
by the Medical Authority specified by the High Court for the purpose that
he/she is medically fit to discharge the duties of the post to which he/she is
selected. for appointment.
(p)
FEE:
Every candidate for direct recruitment may be required to pay such fee as may
be fixed by the High Court from time to time in the notification inviting
applications; provided that in the case of a candidate belonging to Scheduled
Castes or Scheduled Tribes, the fee payable shall be one half of the fee
specified in the notification for other candidates.
(q)
All
necessary steps not provided for in these rules for recruitment under these
rules, shall be decided by the High Court.
(r)
Joining
time:
(i)
A
candidate selected by direct recruitment / recruitment by transfer shall report
before the Authority / Academy as directed by the High Court on the date
specified in the order of appointment / training.
(ii)
Notwithstanding
anything contained in sub-rule (i), the High Court 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 deemed necessary.
(iii)
The
name of the candidate who fails to report before the Authority / Academy within
the time specified in the sub-rule (i) or within the further time granted under
sub-rule (ii) shall stand deleted from the list of seleced candidates and
he/she shall cease to be eligible for appointment / training.
Regulation - 7.
(i)
The
High Court shall conduct written examinations consisting of three papers i.e.,
(I) Civil Law (II) Criminal. Law and (III) English, that includes Translation
from English to Telugu language and Telugu to English language, Essay Writing,
Grammar and Vocabulary carrying 100 marks each, having a duration as fixed by
the High Court from time to time for the post of Civil Judge (Junior Division)
and the post of District Judge. English paper is divided into two parts. Part-I
carries 30 marks and Part II carries 70 marks. In Part-I the candidate1 s
ability to understand his / her proficiency in Telugu language will be
assessed. Candidate is required to translate from English to Telugu and Telugu
to English. In Part-II, candidates ability in Essay writing, Grammar and
vocabulary will be assessed. The Essay Writing test shall be on Legal subjects
only. Candidate has to secure 50 % marks in each part to qualify in the written
examination:
Provided
that the Paper-III shall be considered only as a qualifying examination and
marks secured in the said Paper-III shall not be included in calculating the
aggregate for short listing for viva voce test.
(ii)
The
candidate applying for being appointed under direct recruitment or by transfer
who secures not less than 60% of marks in Papers-I and II each in the written
examination shall be eligible for viva voce carrying 30 marks.
(iii)
That
the Scheduled Castes and Scheduled Tribes candidates who secure not less than
50% marks in Papers I and II each in the written examination shall be eligible
for the viva voce carrying 30 marks:
Provided
that, the High Court shall call the candidates for viva voce for the post of
Civil Judge (Junior Division) / District Judge in the ratio of 1:3 of the
available vacancies to the successful candidates.
Provided
further that if there are more than one candidate who have secured identical
cut off marks, for maintaining the ratio of 1:3, all such candidates shall be
called upon to appear for viva voce.
CHAPTER 3 Oath, Training, Probation and Discharge of
Probationers
Regulation - 8. Oath
Every person appointed to the service shall make and subscribe an oath or
affirmation in the prescribed form set out for this purpose in Schedule - D
appended to these rules.
Regulation - 9. Training
(1)
District
Judges: Every person who is appointed by direct recruitment to the category of
District Judges shall undergo training for a period of twelve months.
(2)
Civil
Judge (Junior Division):
(i)
On
selection the candidate possessing qualifications mentioned in Rule (5.2) (A) (I)
and Rule (5.2) (B) is inducted as trainee recruited against future vacancies
and shall be on training for a period of Twelve (12) months.
(ii)
On
selection, the candidate possessing qualifications mentioned in Rule (5.2) (A)
(II) and (III) is inducted as trainee recruited against future vacancies and
shall be on training for a period of Eighteen (18) months.
(iii)
On
selection as Civil Judge (Junior Division) either by Direct Recruitment /
Recruitment by transfer against the existing vacancies the candidate possessing
qualifications mentioned in Rule (5.2) (A) (I), and Rule (5.2) (B) shall be on
training for a period of Twelve (12) months and the candidates possessing
qualifications under Rule (5.2) (A) (II) and (III) for Eighteen (18) months.
(3)
Execution
of Agreement: - On appointment as a trainee/ Civil Judge (Junior Division) and
District Judge (Entry Level), the candidate shall execute an agreement in the
form specified in the Schedule - H binding himself and one surety, jointly and
severally that in the event of his failing to comply with any of the provisions
of these rules to the satisfaction of the Appointing Authority and quitting the
training, to refund any moneys paid to him consequent on his selection as a
trainee Civil Judge (Junior Division) / Civil Judge (Junior Division) and
District Judge (Entry Level).
(4)
Stipend
and other fadlities to the trainees during the training:
(i)
During
the period of training both for regular or extended period if any, the trainee
as referred in Rule (9.2) (i) and (ii) shall be paid stipe.nd equivalent to
basic pay in the entry level scale of pay and dearness allowance of the post of
Civil Judge (Junior Division).
(ii)
Trainee
shall be provided with accommodation and food in the academy.
(iii)
The
trainees as referred in Rule (9.2) (i) and (ii) are not entitled to any
allowances such as house rent allowance, sumptuary allowance, fuel allowance,
special pays etc., except the medical allowance.
(iv)
No
stipend would be paid for any period of absence due to leave, unauthorized
absence etc. and a proportionate amount shall be deducted from stipend
calculating a month as thirty days.
(v)
Health
and Medicare: The trainees shall be provided required medical assistance as per
the existing Government Rules.
(vi)
Leave:
The trainees shall not be entitled for any kind of leave except public holidays
declared by the High Court. The Director is empowered to cancel a Public
holiday in the interest of training and declare it as a working day for the
trainees.
The
Director can grant leave to the trainees in one or different spells under
exceptional circumstances. The total period of leave however shall not exceed
15 days during the course of training. Unauthorized absence shall be considered
as mis-conduct calling for stern action.
(vii)
The
Director of the Academy shall draw and disburse the stipend and amounts payable
to the trainees during the course of training at the Academy in DBT Mode.
(5)
On
successful completion of training the candidate as referred in Rule (9.2) (i)
and (ii) will be appointed as Civil Judge (Junior Division) against the
existing vacancy.
Regulation - 10. Period of Probation and Officiation
(1)
On
successful completion of training, the trainees referred in Rule 9(2) (i) and
(ii) shall be appointed as Civil Judge (Junior Division). Every person
appointed to the category of Civil Judge (Junior Division) shall be on
probation for a period of two years in a continuous period of three years from
the date on which he joins duty.
(2)
The
period which was undergone by a trainee referred in Rule (9.2) (i) and (ii)
shall not be counted for probation.
(3)
Every
person who is appointed to the category of District Judge (Entry Level) shall
be on probation for a period of two years in a continuous period of three years
from the date on which he joins duty.
(4)
The
period of probation, may be extended by the High Court by such period not
exceeding two years.
Regulation - 11. Record in Academy
(1)
The
State Judicial Academy shall impart training to the District Judge and trainee
/ Civil Judge (Junior Division) on the lines of module as appended in Schedule
- G or as determined by the High Court from time to time.
(2)
A
trainee / Civil Judge (Junior Division) on probation / District Judge (Entry
Level) shall attend such lectures and undergo such examinations, tests and
exercises as the Academy may prescribe from time to time in consultation with
the High Court:
(3)
The
training for District Judges (Entry Level) shall be of three sessions / spells.
(4)
The
training schedule is divided into three sessions / spells for the candidates
falling under Rule 5.2 A (I) and 5.2 B and four sessions / spells for the
candidates falling under Rule 5.2 (A) (II) and (III) respectively.
(5)
At
the end of each training session / spell, the trainee / Civil Judge (Junior
Division) on probation / District Judge (Entry Level) shall undergo
examination. Candidates should secure minimum of 40% in each subject and 50%
over all to qualify for next training session.
(6)
If
any candidate fails in any subject in the examination in the first attempt,
he/she will be allowed to sit for the supplementary examination.
(7)
Where
a trainee / Civil Judge (Junior Division) on probation / District Judge (Entry
Level) is prevented, either due to sickness or other cause over which he has no
control, from appearing at the examination, the High Court may allow him to
appear at a special examination. The Academy may hold such examination as
directed by the High Court.
(8)
If
the recruited trainee / probationer against the direct recruitment vacancies
fails to qualify in the re-examination he / she shall be discharged. If the
trainee recruited against the post of recruitment by transfer fails to qualify
in the examination, he/she shall be repatriated to the post from which he/she
was selected.
(9)
Between
two training sessions / spells there shall be a break for one week.
Regulation - 12. Discipline and conduct
(1)
While
at the Academy, a trainee / probationer shall be under the disciplinary control
of the Director and shall obey any such general and special orders as may be
given by the Director from time to time.
(2)
The
Rules regarding Conduct and Discipline shall be same as applicable to regular
officers.
Regulation - 13. Discharge of Probationer
(1)
If
at the end of the period of probation or extended period of probation, the
Appointing Authority on the recommendation of the High Court, considers that
the probationer is not suitable to the post to which he has been appointed, may
by order discharge him from service after giving him one months notice or one
months pay in lieu thereof.
(2)
A
probationer shall be liable to be discharged from service:
(a)
if
the High Court is satisfied that the probationer was ineligible for recruitment
to the Service or is unsuitable for being a member of the Service;
(b)
in
the opinion of the High Court has willfully neglected probationary studies or
duties;
(c)
is
found lacking in qualities of mind and character needed for the Service;
(d)
fails
to comply with any of the provisions of the rules governing the service;
Provided
that except in a case falling under clause (a) above, the High Court shall hold
a summary enquiry before passing an order under these rules.
(3)
Reversion
of Officers on Officiation: At the end of the period of probation or extended
period of probation, the High Court, considers that, the officer is not
suitable to hold the post for which he/she is recruited by transfer / promoted,
may by order revert him / her to the post, which he / she has held prior to his
/ her promotion or recruitment by transfer.
(4)
Appeal:
No appeal shall lie against the order of discharge or reversion.
Regulation - 14. Salary during the period of probation
A probationer shall receive salary in the lowest stage of the time scale applicable
(along with the allowances) to the Service during the first year of probation
and at the second stage of that scale during .the remaining period of
probation:
Provided
that a Civil Judge (Junior Division) appointed under recruitment by transfer category
shall be entitled for the pay protection as per relevant rules.
Regulation - 15.
The
training period of a probationer shall be computed towards all service benefits
including increments and seniority.
Regulation - 16. Confirmation/Regularisation
A person who has been declared to have satisfactorily completed period of
probation, shall be confirmed as a full member of the service in the category
of post to wl1ich he / she had been appointed or promoted, as against the
substantive vacancy.
Regulation - 17. Inherent Powers
Nothing in these rules shall be construed as limiting the power of the
Appointing authority, on the recommendation of the High Court, for good and
sufficient reasons, to dismiss or remove a trainee/probationer at any time is.
Regulation - 18. Interpretation
If any question arises as to the interpretation of these rules, decision of the
High Court shall be final.
Regulation - 19. General Rules governing Seniority
(1)
An
officer appointed on ad-hoc basis shall not be treated as member of the cadre.
(2)
Where
two officers are placed at the same position of the Merit List, the person
senior in age shall be senior to the other.
(3)
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-seseniority
in the lower Cadre unless directed otherwise.
(4)
A
40 (Forty) point roster is to be maintained for appointment / promotion to the
post of District Judges in service as prescribed in Schedule - A. The posts at
Serial Nos.3, 4, 6, 7, 8, 10, 11, 14, 15, 16, 18, 19, 20, 23, 24, 26, 27, 28,
30, 31, 34, 35, 36, 38, 39 and 40 will go to the promotes under 65% quota. The
post at Serial No.2, 12, 22 and 32 shall go to the promotes under the limited
departmental Competitive Examination and the post at Serial No.1, 5, 9, 13, 17,
21, 25, 29, 33 and 37 shall be available to the direct recruits. This
arrangement is among the officers recruited/ appointed in a calendar year.
(5)
The
High Court shall prepare and publish a Seniority list of Officers in all Cadres
every year and the list so published shall be the basis for the purpose of
consideration for promotion to the next higher cadre/ to grant all service
benefits.
(6)
The
inter-se-seniority of the Civil Judge (Junior Division) appointed by way of
recruitment by transfer will be determined on the basis of their merit in the
qualifying examination conducted by High Court:
Provided
that the seniority of the persons appointed to the category of Civil Judge
(Junior Division) by direct recruitment as well as recruitment by transfer
shall be fixed as per the hundred point roster prescribed in Schedule-B.
(7)
Inter-se
seniority of persons promoted to the Civil Judge (Senior Division) cadre in the
same year shall be the same as it was in the post held by them in the lower
cadre.
(8)
Inter-se
seniority of persons promoted to the District Judge cadre at the same time
shall be based on the seniority determined in the post held by them at the time
of promotion.
Regulation - 20. Temporary Appointments
(1)
Where
it is necessary in the public interest owing to the exigency of service to fill
up the vacancies in the category of District Judges and there would be undue
delay in making such appointments in accordance with Rule 5 and 6 the Governor
may in consultation with the High Court make temporary appointents by transfer
from among the category of Civil Judge (Senior Division).
(2)
Where
it is necessary in the public interest owing to the exigency of service to fill
up the vacancies in the category of Civil Judge (Junior Division) and there
would be undue delay in making such appointment in accordance with Rules 5 and
the Governor may, in consultation with the High Court make temporary
appointments from among the confirmed members or approved probationers of any
category specified in above rules.
Provided
that no person shall be appointed under sub-rule (20.2) unless he is eligible
to be appointed as per above rules.
Regulation - 21. Ad-hoc appointment of Fast Track Court Judges
Where it is necessary in the public interest, the Governor may, in consultation
with the High Court, make ad-hoc appointments, in accordance with the Special
Rules framed in regard thereto and the persons appointed on ad hoc basis shall
not be regarded as members of the cadre.
Regulation - 22. Age of Superannuation
The age of superannuation of a member of the service shall be Sixty One years
or age of superannuation as prescribed by the Government from time to time.
Regulation - 23. Retirement in public interest
The Governor, on the recommendation of the high Court may retire in public
interest any member of the service on attaining the age of 50, 55 or 58 years,
by giving the notice of not less than three months in writing or three months
pay and allowances in lieu thereof.
Regulation - 24. Postings and Transfers
All postings other than first appointments and reappointments to the service,
and transfers in the service shall be made by the High Court.
Regulation - 25. Disciplinary Control of the High Court
The members of the service shall be under the disciplinary control of the High
Court.
Regulation - 26. Conditions of Service
(1)
Pay
and allowances: Pay and allowances of members of the service shall be as
recommended by the National Judicial Pay Commission from time to time and accepted
by the Government.
(2)
A
member of the service shall be eligible for such leave and leave salary and
such travelling allowance as is admissible to the members of the Indian
Administrative Service governed by the All India Service Leave Rules, 1955 for the
time being in force.
(3)
A
member of the service shall be eligible for the other retirement benefits
regulated under the All India Service (death-cum-retirement benefits) Rules,
1958, which are in force at the time of his appointment.
(4)
The
Telangana Civil Services (Classification, Control and Appeal) Rules, 1991, the
Telangana Civil Services (Conduct) Rules, 1964, the Fundamental Rules, the
Telangana Leave Rules, 1933, and the Pension Rules for the time being in force
shall in so far as they may be applicable, and except to the extent expressly
provided in these Rules, govern members of the service in the matter of their
pay, allowances, leave, leave salary, pension and other conditions of service.
Regulation - 27. Conduct
A Judicial Officer appointed under the Rules shall be required to maintain the
integrity and conduct in conformity with the dignity of the office they hold.
They should follow the Code of Conduct as provided in Schedule-C to these
Rules.
Regulation - 28. Addition of certain service for the purpose of retirement benefits
An
advocate appointed to the service as Civil Judge (Junior Division) or District
Judge by direct recruitment shall be entitled to reckon as service qualifying
for computation of retirement benefits, the actual period of practice put in by
him at the Bar not exceeding three years or seven years respectively.
Regulation - 29. Departmental Tests
A
person appointed to the category of Civil Judge (Junior Division) and District
Judges by direct recruitment is exempted from passing any Accounts test,
language test and other tests prescribed under the General Rules of the
Telangana State and Subordinate Service Rules, 1996, and a certificate issued
by the Academy in token of having successfully completed the training shall be
deemed to be a certificate of pass in the relevant tests. The Academy .shall
prepare the necessary curriculum for imparting training to the officers of the
respective categories as regards the above tests.
Regulation - 30. Resignation
A member of the service may resign by tendering his / her resignation in
writing and such resignation shall come into effect on the date of its
acceptance, on the recommendation of the High Court, by the Governor.
Regulation - 31. Relaxation of Rules
The Governor in consultation with the High Court if is satisfied that operation
of any of the provisions of these Rules causes or likely to cause undue
hardship in any particular case or class of cases may dispense with or relax
such provisions of the rules deem proper, just and equitable.
Regulation - 32. Applicability of General Rules
The
Telangana State and Subordinate Service Rules, 1996 which are not inconsistent
with these Rules and to the extent not covered by these Rules, shall apply to
the service.
Regulation - 33. Reservation
Rules
22 and 22-A of the Telangana State and Subordinate Service Rules, 1996 in so
far as they relate to Scheduled Castes, Scheduled Tribes, Backward Classes,
Economically weaker sections, Women and one percent for Physically challenged
[Orthopedically Handicapped (lower portion of the body)] persons shall apply to
the appointments to be made by direct recruitment, and Scheduled Castes and
Scheduled Tribes in so far as it relates to recruitment by transfer.
Regulation - 34. Repeal and Savings
(1)
The
Telangana State Judicial Service Rules, 2017 which are in force immediately
before the commencement of these Rules shall stand repealed.
(2)
The
appointments made or actions initiated prior to the Commencement of these Rules
shall not be effected and are deemed to have been made or initiated under these
Rules.
SCHEDULE 1
SCHEDULE-A
(See Rule 19.4)
(40 Point Roster governing seniority
of District Judges)
|
S. No
|
Category of Post Reserved
|
|
(1)
|
(2)
|
|
1.
|
Direct
Recruitment
|
|
2.
|
Accelerated recruitment
by transfer
|
|
3.
|
Regular
Promotion
|
|
4.
|
Regular
Promotion
|
|
5.
|
Direct
Recruitment
|
|
6.
|
Re,gular
Promotion
|
|
7.
|
Regular
Promotion
|
|
8.
|
Regular
Promotion
|
|
9.
|
Direct
Recruitment
|
|
10.
|
Regular
Promotion
|
|
11.
|
Regular
Promotion
|
|
12.
|
Accelerated
recruitment by transfer
|
|
13.
|
Direct
Recruitment
|
|
14.
|
Regular
Promotion
|
|
15.
|
Regular
Promotion
|
|
16.
|
Regular
Promotion
|
|
17.
|
Direct
Recruitment
|
|
18.
|
Regular
Promotion
|
|
19.
|
Regular Promotion
|
|
20.
|
Regular
Promotion
|
|
21.
|
Direct
Recruitment
|
|
22.
|
Accelerated
recruitment by transfer
|
|
23.
|
Regular
Promotion
|
|
24.
|
Regular
Promotion
|
|
25.
|
Direct
Recruitment
|
|
26.
|
Regular
Promotion
|
|
27.
|
Regular
Promotion
|
|
28.
|
Regular
Promotion
|
|
29.
|
Direct
Recruitment
|
|
30.
|
Regular
Promotion
|
|
31.
|
Regular
Promotion
|
|
32.
|
Accelerated
recruitment by transfer
|
|
33.
|
Direct
Recruitment
|
|
34.
|
Regular
Promotion
|
|
35.
|
Regular
Promotion
|
|
36.
|
Regular
Promotion
|
|
37.
|
Direct
Recruitment
|
|
38.
|
Regular
Promotion
|
|
39.
|
Regular
Promotion
|
|
40.
|
Regular
Promotion
|
SCHEDULE 2
SCHEDULE-B
(See Rule 19.6)
(100 Point Roster governing
seniority of Civil Judge (Junior Division))
|
S. No
|
Category of Post Reserved
|
|
(1)
|
(2)
|
|
1.
|
Direct
Recruitment
|
|
2.
|
Direct
Recruitment
|
|
3.
|
Direct
Recruitment
|
|
4.
|
Direct
Recruitment
|
|
5.
|
Direct
Recruitment
|
|
6.
|
Direct
Recruitment
|
|
7.
|
Recruitment
by transfer
|
|
8.
|
Direct
Recruitnient
|
|
9.
|
Direct
Recruitment
|
|
10.
|
Direct
Recruitment
|
|
11.
|
Direct
Recruitment
|
|
12.
|
Direct
Recruitment
|
|
13.
|
Direct
Recruitment
|
|
14.
|
Recruitment
by transfer
|
|
15.
|
Direct
Recruitment
|
|
16.
|
Direct
Recruitment
|
|
17.
|
Direct
Recruitment
|
|
18.
|
Direct
Recruitment
|
|
19.
|
Direct
Recruitment
|
|
20.
|
Direct
Recruitment
|
|
21.
|
Recruitment
by transfer
|
|
22.
|
Direct
Recruitment
|
|
23.
|
Direct
Recruitment
|
|
24.
|
Direct
Recruitment
|
|
25.
|
Direct Recruitment
|
|
26.
|
Direct
Recruitment
|
|
27.
|
Direct
Recruitment
|
|
28.
|
Recruitment
bv transfer
|
|
29.
|
Direct
Recruitment
|
|
30.
|
Direct
Recruitment
|
|
31.
|
Direct
Recruitment
|
|
32.
|
Direct
Recruitment
|
|
33.
|
Direct
Recruitment
|
|
34.
|
Direct
Recruitment
|
|
35.
|
Recruitment
by transfer
|
|
36.
|
Direct
Recruitment
|
|
37.
|
Direct
Recruitment
|
|
38.
|
Direct
Recruitment
|
|
39.
|
Direct
Recruitment
|
|
40.
|
Direct
Recruitment
|
|
41.
|
Direct
Recruitment
|
|
42.
|
Recruitment
by transfer
|
|
43.
|
Direct
Recruitment
|
|
44.
|
Direct
Recruitment
|
|
45.
|
Direct
Recruitment
|
|
46.
|
Direct
Recruitment
|
|
47.
|
Direct
Recruitment
|
|
48.
|
Direct
Recruitment
|
|
49.
|
Recruitment
bv transfer
|
|
50.
|
Direct
Recruitment
|
|
51.
|
Direct
Recruitment
|
|
52.
|
Direct
Recruitment
|
|
53.
|
Direct
Recruitment
|
|
54.
|
Direct
Recruitment
|
|
55.
|
Direct
Recruitment
|
|
56.
|
Recruitment
by transfer
|
|
57.
|
Direct
Recruitment
|
|
58.
|
Direct
Recruitment
|
|
59.
|
Direct Recruitment
|
|
60.
|
Direct
Recruitment
|
|
61.
|
Direct
Recruitment
|
|
62.
|
Direct
Recruitment
|
|
63.
|
Recruitment
by transfer
|
|
64.
|
Direct
Recruitment
|
|
65.
|
Direct
Recruitment
|
|
66.
|
Direct
Recruitment
|
|
67.
|
Direct
Recruitment
|
|
68.
|
Direct
Recruitment
|
|
69.
|
Direct
Recruitment
|
|
70.
|
Recruitment
by transfer
|
|
71.
|
Direct
Recruitment
|
|
72.
|
Direct
Recruitment
|
|
73.
|
Direct
Recruitment
|
|
74.
|
Direct
Recruitment
|
|
75.
|
Direct
Recruitment
|
|
76.
|
Direct
Recruitment
|
|
77.
|
Recruitment
by transfer
|
|
78.
|
Direct
Recruitment
|
|
79.
|
Direct
Recruitment
|
|
80.
|
Direct
Recruitment
|
|
81.
|
Direct
Recruitment
|
|
82.
|
Direct
Recruitment
|
|
83.
|
Direct
Recruitment
|
|
84.
|
Recruitment
by transfer
|
|
85.
|
Direct
Recruitment
|
|
86.
|
Direct
Recruitment
|
|
87.
|
Direct
Recruitment
|
|
88.
|
Direct
Recruitment
|
|
89.
|
Direct
Recruitment
|
|
90.
|
Direct
Recruitment
|
|
91.
|
Recruitment
by transfer
|
|
92.
|
Direct
Recruitment
|
|
93.
|
Direct
Recruitment
|
|
94.
|
Direct
Recruitment
|
|
95.
|
Direct
Recruitment
|
|
96.
|
Direct
Recruitment
|
|
97.
|
Direct
Recruitment
|
|
98.
|
Reauitment by
transfer
|
|
99.
|
Direct
Recruitment
|
|
100.
|
Recruitment
by transfer
|
SCHEDULE 3
SCHEDULE-C
CODE OF CONDUCT
(See Rule 27)
(1)
Should
upheld the integrity and independence of Judiciary:
An
independent and honorable judiciary is indispensable justice in our society. A
Judge should participate, in establishing, maintaining and enforcing and should
personally observe high standards of conduct so that the integrity and
independence of the judiciary may be preserved. A judge shall always be aware
that the judicial system is for the benefit of the litigants and the public and
not the judiciary. The provision of this chapter should be constructed and
applied to further these objectives.
(2)
Should
avoid impropriety:
(i)
Public
confidence in the judiciary is eroded by irresponsible or improper conduct by
judges. A judge must avoid all impropriety and appearance of impropriety. A
judge must expect to be the subjected of constant public scrutiny. A judge must
therefore accept restriction on conduct that might be viewed as burdensome by
the ordinary citizen and should do so freely and willingly;
(ii)
A
judge shall respect and observe the law. At all times the conduct and manner of
a judge should promote public confidence in the integrity and impartiality of
the judiciary. Without regard to a persons race, gender or other protected personal
characteristic, a judge should treat every person fairly, with courtesy and
respect;
(iii)
A
judge shall not allow family, social or other relationships to influence his
judicial conduct or judgment. A judge shall not lend the prestige of judicial
office to advance his private interest or those of others. A judge shall not
convey or permit others to convey the impression that they are in a special
position to influence the judge. A judge shall not appear as a character
witness in a Court proceeding subpoenaed;
(iv)
A
Judge shall not allow activity as a member of an organization to cast doubt on
the Judges ability to perform the function of the office in a manner consistent
with the code of judicial conduct and the laws of the State. A judge shall not
hold membership of an organization activities of which discriminate or appear
discriminate on the basis of race gender or other protected personal
characteristic. Nothing in this paragraph should be interpreted to diminish a
Judges right to free exercise of religion.
(3)
Performance
of duties impartially and diligently:
(i)
A
Judge shall be faithful to the law and maintain professional competence in it,
should be unswayed by partisan interest, public clamor or fear of criticism;
(ii)
A
judge may require lawyers, court personnel and litigants to be appropriately
attired for Court and should reasonably maintain rules of conduct, order and
decorum on the Courtroom;
(iii)
A
judge shall be patient, dignified and courteous to litigants, witnesses,
lawyers and others with whom the judge deals in official capacity and should
require similar conduct from lawyers and of staff, Court officials and others
subject to the Judges dicection and control;
(iv)
A
judge shall not initiate, permit or consider ex-parte communications made to
the judge in the absence of the parties concerning a pending or impending
proceeding;
(v)
A
judge shall hear and decide matters assigned to the judge except those in which
disqualification is required;
(vi)
A
judge shall pe1iorm judicial duties without bias or prejudice including but not
limited to bias or prejudice based upon race sex, religion, national origin
disability, age, sexual orientation or socio-economic status and shall not
permit staff, Court official and others under his administrative control to be
so biased or prejudiced;
(vii)
A
judge shall dispose of all judicial matters speedily, effectively and fairly;
(viii)
A
judge shall not, while a proceeding is pending or fmpending in any Court, make
any public comment that might reasonably be expected to affect its outcome or
impair its fairness or make any nonpublic comment that might substantially
interfere with a fair trial or hearing. The judge shall require similar
abstention on the part of Court personal subject to the judges direction and
control. This clause does not prohibit judges from making public elements in
the course of their official duties or from explaining for public information
the procedures of the court. The clause does not apply to proceeding in which
the judge is a litigant in a personal capacity;
(ix)
A
judge should prohibit broadcasting, televising, recording or taking of
photographs in or out of the courtroom during session of court or recess
between sessions except authorized by the High Court;
(x)
A
judge may properly intervene in a trial of a case to promote expedition and
prevent unnecessary waste of time or to clear up some obscurity, but the judge
should bear in mind that undue interference, impatience, or participation in
examination of witness or severe attitude on the judges part toward witness,
especially those who are excited or terrified by the unusual circumstances of a
trial, may tend to prevent the proper presentation of the cause or the
ascertainment of truth in respect thereto;
(xi)
Conversation
between the judge and counsel in Court is open necessary but the judge should
be studious to avoid controversies that apt to obscure the merits of the
dispute between litigants and lead to unjust disposition. In addressing
counsel, litigants or witness, the judge should avoid a controversial manner or
tone;
(xii)
A
judge shall avoid interruptions of counsel in their arguments except to clarify
their positions and should not be tempted to the unnecessary display of
learning or premature judgment;
(xiii)
A
judge shall adopt the usual and accepted methods of doing justice, avoid the
imposition of humiliating acts or discipline, not authorized by law in
sentencing and endeavor to confirm to a reasonable standard of punishment and
not seek popularity or publicity either by exceptional severely or undue
leniency;
(xiv) A judge shall be punctual in
attending court and do judicial work during Court hours. He/she shall ensure
punctually of the staff and Court Officials;
(xv)
A
judge should diligently discharge administrative responsibilities, maintain
professional competence in judicial administration and facilitate the
performance of the administrative responsibilities of other judges and Court
officials;
(xvi) A judge should take or initiate
appropriate measures as admissible under law against a judge or lawyers for
unprofessional conduct of which the judge may become aware;
(xvii) A judge should not cause unnecessary
expense by making appointment. All appointments shall be based upon merit;
(xviii)
A
judge should not approve compensation beyond the fair value of services
rendered.
(4)
Extra
judicial and quasi-judicial activities:
(a)
As
a judicial officer and person specially learned in law, a judge is in unique
position to contribute to the improvement of the law, the legal system, and the
administration of justice including revision of substantive and procedural law
and improvement or criminal and juvenile justice. To the extent time permits
and without affecting his judicial work, a judge is encouraged to do so either
independently or through a Bar association, judicial conference or other
organization dedicated to the improvement of the law.
(b)
A
Judge, subject to the proper performance of judicial duties and to the extent
time permits, may engage in the following quasi-judicial activities:-
(i)
A
judge may speak, write, lecture, teach and participate in other activities
concerning only the law, the legal, and the administration of justice and
(ii)
A
judge may appear at a public hearing on matters concerning only the law, the
legal system and the administration of justice.
(c)
A
judge should refrain from financial and business dealings that tend to reflect
adversely on the judges impartially or judicial office, interfere with the
proper performance of judicial duties, exploit the judicial position, demean
the judicial office or involve the judge in transactions with lawyers or
persons likely to come before the court on which the judge serves. A judge
should serve as an executor, administrator, stamentary trustee or guardian.
(d)
A
judge should not act as an arbitrator or mediator except in performance of
judicial duties.
(e)
A
judge should not practice law for remuneration.
(f)
A
judge should not accept appointment to a government Committee commission or
other position without the permission of the High Court writing.
(g)
A
judge should not be a member of or hold any office in a political office.
(h)
A
judge shall not make speeches on behalf of a political and fiduciary economics
interest and make a reasonable effort to keep informal about the personal
economic interest of the judges spouse and children residing in the judges
household.
(i)
A
judge shall conduct all of the judges extra-judicial activities in such a way
that they do not-
(a)
cast
reasonable doubt on the judges capacity to act impartially as a judge.
(b)
demean
the judicial office or.
(c)
interfere
with the proper performance of judicial duties.
(j)
A
Judge shall not serve as an officer, director, trustee or legal advisor if it
is likely that the concerned organization:-
(a)
will
be enga9ed in proceeding that should ordinarily come before the judge or
(b)
will
be engaie frequently in adversary proceeding the court of which the judge is a
member or in any Court subject to the appellate jurisdiction of the Court of
which the judge is a member.
(k)
A
judge and members of the judges family residing in the judges household shall
not accept a gift, bequest, favour or loan from anyone except for:
(a)
a
gift incident to a public testimonial, books, tapes and other resource
materials supplied by the publishers on a complimentary basis for official use
or an invitation to the judge and the judges spouse or guest to attend a
bar-related function or an activity devoted to the improvement of the law, the
legal system or the administration of justice.
(b)
a
gift, award or benefit incident to the business, profession or other separate
activity of a spouse or other family member of judge residing in the judges
household, including gifts, awards and benefit for the use of both the spouse
or other family members and the judge ( as spouse or family member), provided
the gift, award or benefit could not reasonably be perceived as intended to
influence the judge in the performance of judicial duties.
(c)
ordinarily
social hospitality.
(d)
a
gift from a relative or friend for a special occasion, such as wedding
anniversary or birthday if the gift is fairly commensurate with the occasion
and the relationship.
(e)
a
gift, bequest, favor or loan from a relative or close personal friend whose
appearance or interest in a case would in any event require disqualification.
(f)
a
loan from a lending institution in its regular course of business on the same
terms generally available to persons who are not judges.
(g)
a
scholarship or fellowship awarded on the same term and based on the same
Criteria applied to other applicants; or
(h)
any
other gift, bequest or loan, only if the donor is not a party or other person
who has come or is likely to come or whose interest have come or are likely to
come before the judge.
SCHEDULE 4
SCHEDULE-D
[See Rule 8]
Form of Oath
"I
.................... having been appointed as District Judge / Civil Judge (Junior
Division) / do swear in the name of God / solemnly affirm that I will bear true
faith and allegiance to the Constitution of India as by Law established, that I
will uphold the sovereignty and integrity of India, that I will duly and
faithfully and to the best of ability, knowledge and judgment perform the
duties of my office without fear and favour, affection or ill-will and that I
will uphold the Constitution and the Laws".
Date:
Signature of the Officer
SCHEDULE 5
SCHEDULE – E
(See Rule 6)
Syllabus
for the screening test if any and written examination for the recruitment of
District Judges:
|
|
CONSTITUTION AND CIVIL LAWS (as amended
from time to time)
|
|
1.
|
Code of Civil
Procedure, 1908 (along with Civil Rules of Practice 1990)
|
|
2.
|
Telangana
Court Fees and Suits Valuation Act, 1956 and Telangana Civil Courts Act,
1972.
|
|
3.
|
Indian
Evidence Act, 1872
|
|
4.
|
Land
Acquisition Act, 1894
|
|
5.
|
Revenue Laws
in Telangana State including Tenancy, Land Reforms and Ceiling Laws
|
|
6.
|
Arbitration
and Conciliation Act, 1996
|
|
7.
|
Constitution
of India.
|
|
8.
|
Administrative
Law.
|
|
9.
|
Transfer of
Property Act, 1882
|
|
10.
|
Indian
Contract Act, 1872
|
|
11.
|
Commercial
Courts, Commercial Division and Commercial Appellate Division of High Courts
Act, 2015.
|
|
12.
|
Motor
Vehicles Act, 1988
|
|
13.
|
Specific
Relief Act, 1963
|
|
14.
|
Laws on
Inheritance, Succession, Marriage, Divorce, Adoption, Guardianship and
Custody including in country and intercountry adoptions
|
|
15.
|
Family Courts
Act, 1984
|
|
16.
|
Indian
Easements Act, 1882
|
|
17.
|
Law of Torts
|
|
18.
|
Limitation
Act, 1963
|
|
19.
|
Law relating
to Intellectual Property
|
|
20.
|
Indian Stamp
Act, 1899 & Registration Act, 1908
|
|
21.
|
Sale of Goods
Act, 1930
|
|
22.
|
Guardians
& Wards Act, 1890
|
|
23.
|
Indian Trust
Act, 1882
|
|
24.
|
Legal
Services Authority Act, 1987
|
|
25.
|
Contempt of
Courts Act, 1971
|
|
26.
|
All Central
and State Acts (apart from above Acts.)
|
|
|
CRIMINAL LAWS (as amended from time to
time)
|
|
1.
|
Code of
Criminal Procedure, 1973 (along with Criminal Rules of Practice 1980)
|
|
2.
|
Indian
Evidence Act, 1872
|
|
3.
|
Indian Penal
Code, 1860
|
|
4.
|
Protection of
Civil Rights Act, 1955
|
|
5.
|
Scheduled
Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
|
|
6.
|
Negotiable
Instrument Act,1881 (Section 138 to 148-A)
|
|
7.
|
Narcotic
Drugs and Psychotropic Substances Act, 1985
|
|
8.
|
Prevention of
Corruption Act, 1988
|
|
9.
|
Telangana Prohibition
Act, 1995
|
|
10.
|
Telangana
Excise Act, 1968
|
|
11.
|
Wild Life
Protection Act, 1972
|
|
12.
|
The Juvenile
Justice (Care and Protection of Children) Act, 2015
|
|
13.
|
Electricity
Act, 2003
|
|
14.
|
Protection of
Women from Domestic Violence Act, 2005
|
|
15.
|
Arms Act,
1959
|
|
16.
|
Forest Laws
in Telangana State
|
|
17.
|
Protection of
Children from Sexual Offences Act, 2012
|
|
18.
|
Mental Health
Care Act, 2017.
|
|
19.
|
Prevention of
Money Laundering Act, 2002
|
|
20.
|
Unlawful
Activities (Prevention) Act, 1967.
|
|
21.
|
All Central
and State Acts (apart from above Acts.)
|
SCHEDULE 6
SCHEDULE – F
(See Rule 6)
Syllabus for the screening test/
written examination
|
|
CIVIL LAWS (as amended from time to time)
|
|
1.
|
Code of Civil
Procedure, 1908 (along with Civil Rules of Practice 1990)
|
|
2.
|
Indian
Contract Act, 1872 and Sale of Goods Act
|
|
3.
|
Indian
Evidence Act, 1872
|
|
4.
|
Hindu
Succession Act, 1956
|
|
5.
|
Hindu
Marriage Act, 1955
|
|
6.
|
Specific
Relief Act, 1963
|
|
7.
|
Indian
Easements Act, 1882
|
|
8.
|
Limitation
Act, 1963
|
|
9.
|
Transfer of
Property Act,1882
|
|
10.
|
Indian Stamp
Act, 1899 & Registration Act, 1908
|
|
11.
|
Commercial
tourt, Commercial Division and Commercial Appellate Division of High Courts
Act, 2015
|
|
12.
|
Indian
Succession Act, 1925
|
|
13.
|
Laws on Hindu
Adoption, Guardianship. and Maintenance
|
|
14.
|
Legal
Services Authority Act, 1987
|
|
15.
|
Telangana
Land Encroachment Act, 1905
|
|
16.
|
Telangana
Buildings (Lease, Rent and Eviction) Control Act, 1960
|
|
|
CRIMINAL LAWS (as amended from time to
time)
|
|
1.
|
Code of
Criminal Procedure, 1973
|
|
2.
|
Indian
Evider,ce Act, 1872
|
|
3.
|
Indian Penal
Code, 1860
|
|
4.
|
Negotiable Instrument
Act, 1881 (Section 138 to 148-A)
|
|
5.
|
Telangana
Prohibition Act, 1995
|
|
6.
|
Telangana
Excise Act, 1968
|
|
7.
|
The Juvenile
Justice (Care and Protection of Children) Act, 2015
|
|
8.
|
Protection of
Women from Domestic Violence Act, 2005
|
|
9.
|
Forest Laws
in Telangana State and Wild Life Protection Act, 1972
|
|
10.
|
Protection of
Children from Sexual Offences Act, 2012
|
|
11
|
Mental Health
Care Act, 2017
|
|
12.
|
Immoral
Traffic Prevention Act, 1956
|
|
13.
|
Criminal
Rules of Practice, 1990
|
|
14.
|
Telangana
Gaming Act, 1974
|
|
15.
|
Unlawful
Activities (Prevention) Act, 1967.
|
SCHEDULE 7
SCHEDULE – G
(See
Rule - 9.6)
Tentative
Training for District Judges and Civil Judge (Junior Division)
(1) A trainee / Judge should be given as much experience as
possible of Judicial (Civil and Criminal) and Revenue work and also of the
management and control of the Court. They should also study closely the leading
legal works, the codes and the authorised Law Reports.
(2) It shall be the duty of the Director of the Academy to
arrange for the practical training of probationary trainee Judge placed under
him.
(3) The training shall ordinarily be divided into the following
branches, namely :-
(i) One and half months training under the District Judge, Civil
Courts of which one week each in Copying Department, Record Room, Nazarat,
Accounts and Property room;
(ii) One months training in Survey and Settlement in Major
Settlement unde( a Settlement Officer;
(iii) One months training in accounts;
(iv) Three months training under a Civil Judge (Junior Division);
(v) Three months training under a Judicial Magistrate;
(vi) One months training under a Civil Judge (Senior Division);
and
(vii) One and half months training under a Chief Judicial
Magistrate. He shall then be invested with-Second Class Magisterial Powers and
given charge of Court work for at least three months.
(4) The details of training in the branches specified in
paragraph 3 shall be as follows:-
(i) Training under the Administrative Officer, Civil Court - The
trainee / Judge shall get practical experience of administrative work in the
office of the Administrative Officer, Civil Courts. They should thoroughly
acquaint themselves with the work of different Departments namely Nazarat,
Accounts, Record Room and Copying Department, Maintenance of registers in these
Departments, preparation of monthly, quarterly and annual statement, etc. They
should make careful study of the High Courts General Rules and Circular Orders
(Civil and Criminal), the Accounts Rules, the Indian Evidence Act, 1872, the
Code of Civil Procedure, 1908, the Transfer of Property Act, 1882 and Indian
Conti-act Act, 1872.
(ii) Training in survey and settlement - The training in survey
and settlement. under a Settlement Officer shall be in traverse and Survey and
in attestation of recess work. The aim is to secure for the trainee / Judge and
insight into agrarian life and interest and acquaintance with the preparation
of record-of-rights.
(iii) Training in Accounts - The trainee / Judge shall receive
Accounts training so that he or she may be thoroughly acquainted in the Service
Code, Travelling Allowance Rules, General Provident Fund Rules, etc.
(iv) Training in Civil Judges Court and Civil Judge (Senior
Division)s Court - The aim shall be to give the trainee Judge under training
practical experience in handling trial of cases, dealing with interlocutory
matters and in office work such as preparation of decree, classification and
arrangement of papers and records of suits and cases, procedure in execution
cases, etc. They should sit with the Presiding Officers of the concerned Courts
and watch the examination of witnesses, hear arguments and prepare synopsis of
judgments.
(v) Training in Judicial Magistrates Court - The trainee / Judge
should receive training in magisterial work, so that they may acquire sound
insight into the law and procedure in criminal trials. During this period they
should study the Code of Criminal Procedure and take special notes of procedure
in respect of directing prosecution of offences under Chapters XIII and XVIII
of the Indian Penal Code. They should also read the important provisions of
Indian Penal Code, etc. They should sit with the Presiding Officers of the
concerned Courts and watch the examination of witnesses, hear are uments and
prepare synopsis of judgments. They shall also be posted for training with the
Circle Inspector of Police where they can get an opportunity to study the
general working of the Police Department with special reference to the
investigation and prosecution of cases.
During
this period opportunity may also be afforded to the trainee / Judge to get
himself acquainted with the investigation of offences under the Forest Act, the
Excise Act and other local Acts.
(vi) Training in Chief Judicial Magistrates Court- The trainee /
Judges should be given opportunities and become familiar with the practical
working of the rules and procedure in the Administrative and Judicial
Departments of the office of the Chief Judicial Magistrate. They should also
sit in Court with the Chief magistrate in order to acquaint with the procedure
of trial.
(5) The District Judges under training shall be given training
in all the above aspects.
SCHEDULE 8
SCHEDULE- H
AGREEMENT
(See
Rule - 9.3)
To
The
Governor for the State of Telangana
Whereas
I ..................a trainee / probationer under the Telangana State Judicial
Service (hereinafter referred to as "the trainee / probationer")
being entitled, [Subject to compliance with the Telangana State Judicial
Service Rules, 2023] to receive from the State Government, pay and allowance
during the period in which I am under training.
Now
we, 1................... (the trainee / probationer), and
2.
....................................(hereinafter referred to as "the
surety holder") jointly and severally, do hereby in pursuance of the said
rules, promise and agree in the event of the failure of the trainee /
probationer to complete training / probation to the satisfaction of the State
Government to refund to the State Government on demand any moneys paid to him,
including the pay and travelling expenses to join appointment.
The
surety holder hereby agrees that his liability hereunder shall not be affected
by the Appointing Authority extending the period of training / probation or
giving the trainee / probationer an extension of time for payment of or
compounding the amount payable hereunder.
Stamp
duty payable on this bond shall be borne and paid by the Government.
Dated
this ..................day of ..................202
Signature
of trainee / Probationer
Signed
by the trainee / probationer in the presence of:
Name
of witness
Address
.......................................................
Occupation
.......................................................
Signature
of the Surety holder ....................................
Signed
by the surety holder in the presence of ....................................
Name
of witness
Address
......................................................
Occupation
......................................................
DECLARATION BY SURETY
I,
whose signature is appended to the above agreement as surety, do hereby declare
that
I am
(a) in the permanent service of the Government
of--------------., or
(b) ordinarily resident in India and that I possess means which
will enable me to repay to the State Government the sums of money referred to
in the event of my being called upon to do so in accordance with the terms of
the agreement.
Signature
of the surety
Signed
by the surety in the presence of
Name
of witness
Address
Occupation