(Published in Delhi Gazette (Extra), Part IV, No. 90, dated August 27, 1970)
No.F.1
(1)/70-Judicial (ii) – In exercise of the powers conferred by the proviso to Article 309 of the
Constitution read with the Government of India, Ministry of Home Affair’s
notification No.1/2/70-Dh (S), dated the 29th May, 1970, as amended
by notification No.F.1/2/70-Dh (S), dated the 25th July, 1970, and
all other powers enabling him in this behalf, the Lieutenant-Governor of Delhi
in consultation with the High Court of Delhi, is pleased to make the following
rules, namely –
PART I
General
1.Short title and commencement.
These rules may be called the Delhi Judicial Service Rules, 1970
and they shall come into force from the date of publication in the Delhi
Gazette.
2. Definitions.
In these rules, unless the context otherwise requires
–
(a) “Administrator”
means the Administrator appointed under Article 239 of the Constitution for the
Union Territory of Delhi.
(b) “Cadre
Post” means any post specified in schedule, and includes a temporary post
carrying the same designation as that of any of the posts specified in that
schedule and the scale of pay of which is identical to that attached to Grade II
of the service any other temporary post declared as cadre post by the
Administrator.
(c) “High
Court” means the High Court of Delhi.
(d) “Member
of the Service” means a person appointed in substantive capacity to either grade
of the service under the provisions of these rules and includes a person
appointed on probation.
(e) “Service”
means the Delhi Judicial Service.
(f) “Schedule”
means the schedule as amended from time to time and appended to these rules.
(g)
“Initial recruitment” means the first recruitment and appointment made to the
service after the commencement of these rules.
PART II
Constitution and Strength
3.
(a) On
and from the date of commencement of these rules there shall be constituted a
Civil Service to be known as Delhi Judicial Service.
(b) The
service shall have two grades, namely:
(i)
Grade I
(Selection Grade); and
(ii)
Grade
II
(c) The
post in Grade I shall be civil posts Class I, gazette, and those in Grade II
shall be civil post Class II, gazette.
(d) A
person appointed to the service shall be designated as Subordinate Judge or
Judicial Magistrate or as Subordinate Jude-cum-Judicial Magistrate in accordance
with the duties being discharged by him for the time being.
4.
The posts borne on the permanent strength of the service and the rules included
therein shall be as specified in the schedule.
5. The
number of selection grade posts shall be 10 per cent of the permanent strength
of the service as specified in the Schedule.
6.
The Administrator may create from time to time as many cadre posts as may be
necessary.
PART III
Selection Committee
7. For
purposes of recruitment to the service, there shall be a Selection Committee
consisting of the following:
(1) Chief
Justice or a Judge of the High Court deputed by him.
(2)
Two
Judges of the High Court nominated by the Chief Justice.
(3)
Chief
Secretary, Delhi Administration, Delhi.
(4)
A
secretary of Delhi Administration nominated by the Administrator.
The Registrar of the High Court shall be the ex-officio
Secretary of the Committee.
PART IV
Initial Recruitment
8.
The initial recruitment shall be made by the Administrator upon the
recommendation of the Selection Committee.
9.
For initial recruitment to the service, the Selection Committee shall recommend
to the Administrator suitable persons for appointment to the service from
amongst the following:
(a) Subordinate
Judges and law Graduate Judicial Magistrate working in the Union Territory of
Delhi on deputation from other States;
(b) Members
of Civil Judicial cadres of States whose names may be recommended by their
respective State Governments for appointment, and
(c) Members
of the Delhi, Himachal Pradesh and Andaman and Nicobar Islands Civil Service,
who are Law Graduates.
The consent of the officer to be recommended and the
consent of his parent Government shall be necessary before his appointment to
the service.
10.
The Selection Committee may in its discretion examine the character rolls and
hold such other tests, as it may consider necessary.
11. The
Selection Committee shall arrange the seniority of the candidates recommended by
it in accordance with the length of service rendered by them in the cadre to
which they belong at the time of their initial recruitment to the service.
Provided that the inter-se seniority as
already fixed in such cadre shall not be altered.
12.
The number of officers to be appointed from the States of Punjab and Haryana
shall not, subject to availability, be less than the number of posts borne on
the cadre of the said States for the purpose of the Union Territory of Delhi.
PART IV
Recruitment
13.
Recruitment after the initial recruitment shall be made on the basis of a
competitive examination to be held by the High Court at such intervals as the
Administrator may in consultation with the High Court determine. The dates on
which and place at which the examination is to be held shall be fixed by the
Administrator.
14. A candidate shall be eligible to appear at the
examination if he is:
(a) a citizen of India;
(b) a person practicing as an Advocate in India or a
person qualified to be admitted as an Advocate under the Advocates Act, 1961,
and
(c) not more than 32 years of age on the 1st
day of January following the date of commencement of the examination.
15.
Syllabus for the examination and the fees payable shall be as detailed in the
Appendix to these rules.
16.
After the written test, the High Court shall arrange the names of the candidates
in order of merit and these names shall be sent to the Selection Committee.
17.
The Selection Committee shall call for a viva-voce test only such candidates,
who have qualified at the written test as provided in the appendix.
18.
The Selection Committee shall prepare a list of candidates in order of merit.
Such list will be forwarded to the Administrator for filling the vacancies then
existing or any vacancy that may occur within a period of one year of the
preparation of the list.
19. Disqualification.
(1) No person
who has more than one wife living shall be eligible for appointment to the
service:
Provided that the Administrator may, if satisfied that there are
special grounds for doing so, exempt any person from the operation of this
sub-rule.
(2) No woman who is married to any
person who has a wife living shall be eligible for appointment to the service.
Provided that the Administrator may, if he is satisfied that there
are special grounds for doing so, exempt any such woman from the operation
of this sub-rule.
PART V
Probation
20.
(1) Persons appointed to the service at
the initial recruitment shall stand confirmed with effect from the date of
appointment.
(2) All other candidates on appointment
to the service shall be on probation for a period of two years.
21. All persons appointed to the
service on probation shall be confirmed at the end of the said period of two
years:
Provided that the Administrator may, on the recommendation of the
High Court, extend the period of probation, but in no case shall the period of
probation extend beyond the period of three years.
22. The services of a person on
probation are liable to be terminated without assigning any reason.
23.
After successful completion of the period of probation the officer shall be
confirmed in the service by the Administrator in consultation with the High
Court and the same shall be notified in the Gazette.
PART VI
Pay
24.
The scale of pay of members of the service shall be as follows:
(1) Time Scale –Rs.8000 – 275 – 13500
(2) Selection Grade – Rs.10000 – 375 – 15200
(3) Super Time Scale – Rs.12000 – 375 – 16500
25.
The pay and scale of the officers appointed at the time of initial recruitment
shall be fixed by the Administrator in consultation with the Government of
India in this behalf.
26.
All appointments to the service shall be made to Grade I or Grade II of the
service and not against any specific post.
27.
A member of the service may be required to work as a Subordinate Judge or as
Judicial Magistrate or as Subordinate-Judge-cum-Judicial Magistrate.
Explanation – For the purpose of this rule the expression “Subordinate Judge” includes
the Senior Subordinate Judge and Additional Senior Subordinate Judge, the Judge
Small Cause Court and the Additional Judge Small Cause Court. The expression
“Judicial Magistrate” includes the Chief Judicial Magistrate and the Additional
Chief Judicial Magistrate.
28.
Appointments made to this service by competitive examination shall be subject to
orders regarding special representation in the service for the Scheduled Castes
and Schedules Tribes issued by the Central Government from time to time.
29.
The administrative control over members of the service, including their posting
and promotion and the grant of leave shall be vested in the High Court, but
nothing in this rule shall be construed as taking away from any such person any
right of appeal which he may have under the aw regulating the conditions of his
service or as authorising the High Court to deal with him otherwise than in
accordance with the conditions of his service prescribed under such law.
30.
Candidates, other than those appointed at the initial recruitment, shall on
selection undergo a test for medical fitness before appointment and shall pass
during the period of probation such department examinations as may be
prescribed.
31.
Every member of the service unless he has already done so shall be required to
take the oath of allegiance to India and to the Constitution of India as by law
established.
32. Regulations.
The Administrator may by consultation with the High Court make
regulations not inconsistent with these rules, to provide for all matters for
which provision is necessary or expedient for the purpose of giving effect to
these rules.
33. Residuary matters.
In respect of all
such matters regarding the conditions of service for which no provision or
insufficient provision has been made in these rules, the rules, directions or
the order for the time being in force, and applicable to officers of comparable
status in the Indian Administrative Service and serving in connection with the
affairs of the Union of India shall regulate the conditions of such service.
34. Interpretation.
In any question
arises as to the interpretation of these rules, the same shall be decided by the
Administrator in consultation with the High Court.
35.
On the
commencement of these rules and until persons are appointed to hold cadre posts
in accordance with the provisions of these rules, such posts may continue to be
held by officers appointed thereto on deputation either before or after the
commencement of these rules as if these rules have not come into force.