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How Annual Confidential reports of all the Judicial Officers Prepared By High Court Judges?

 



"In this respect, it is submitted that the procedure of recording of ACRs being following by the Delhi High Court is as follows:-

(a) Annual Confidential reports of all the Judicial Officers are recorded by the Full Court of the High Court on a calendar year basis, at the end of the Calendar year:

(b) Groups of the Judicial Officers of subordinate Courts are placed under the direct supervision and control of individual Hon'ble Judges of the High Court for the purposes of inspection;

(c) The Hon'ble Inspecting Judges call for and assess the monthly disposal of Judicial Officers and also carry out inspection of the Courts of Officers allotted to them. They may also call for judgments from the particular Officers for perusal. Complaints, if any received against the Judicial officers are also placed before the Hon'ble Inspecting Judges and the Hon'ble Judges, after perusal of the complaints, depending upon the nature and merits of the allegation, some times, call for judicial files of the cases to which the complaints are related and pass appropriate orders on the administrative side;

(d) The Hon'ble Inspecting Judges, thereafter, give their Inspection Reports/ Confidential remarks on the working of the Officers concerned, on the proforma prescribed containing columns as mentioned therein; and

(e) At the time of recording of ACRs by the Full Court, the reports of the District and Sessions Judge, if any given, the Inspection, Report of the Hon'ble Inspecting Judge, if made, ummary of monthly disposal of the Officer and a precis of previous 5 years ACRs are placed before the Full Court for its consid eration for the recordings of the ACRs of the Judicial Officers. he personal files and complaint files, it called for, are also placed before the Full Court."


Form to be used in the case of District/Additional District & Sessions Judges/Subordinate Judge/Rent/Additional Rent Controllers/Metropolitan Magistrates).
HIGH COURT OF DELHI AT NEW DELHI Confidential remarks by the Hon'ble Inspecting Judge on the work of Shri P.D. Gupta. DJS FOR THE YEAR 1993.
       1.   Knowledge of law and procedure     Good
      2.   Is he industrious and prompt 
      in the disposal of cases and            Yes
      has he coped effectually with
      heavy work?
      3.   Are his judgments and orders       Yes
      well written and clearly
      expressed?
      4.   (For District and Sessions Judges
      and Senior Subordinate Judges)
      Is his supervision and the 
      distribution of business 
      among, and his control over
      the Subordinate Courts good?
 
      5.   Is he an efficient Judicial        Yes he is good
      Officer?                                officer.
      6.   Has he maintained Judicial         Nothing adverse
      reputation for honesty and              has to come my
      impartiality?                           notice.
      7.   Net result.                        B+(Good)"
HIGH COURT OF DELHI AT NEW DELHI Confidential remarks by the Hon'ble Inspecting Judge on the work of Shri P.D. Gupta, Addl Sr Civil Judge, Tis Hazari FOR THE YEAR 1994.
       1.   Knowledge of law and procedure     Reasonably
                                              good
      2.   Is he industrious and prompt 
      in the disposal of cases and            Yes
      has he coped effectually with 
      heavy work?
      3.   Are his judgments and orders       Yes
      well written and clearly
      expressed?
      4.   (For District and Sessions 
      Judges and Senior Subordinate 
      Judges)
      Is his supervision and the 
      distribution of business
      among, and his control over
      the Subordinate Courts good?
 
      5.   Is he an efficient Judicial        Yes
      Officer?
      6.   Has he maintained Judicial         Nothing adverse
      reputation for honesty and              came to notice
      impartiality?
      7.   Net result.                        B+

 
Form to be used in the case of District/Additional District & Sessions Judges/Subordinate Judges/Rent/Additional Rent Controllers/Metropolitan Magistrates).
 

     HIGH COURT OF DELHI AT NEW DELHI
 

     Confidential remarks by the Hon'ble Inspecting Judge on the  work of Shri P.D. Gupta, DJS FOR THE YEAR 1995
       1.   Knowledge of law and procedure          Good
      2.   Is he industrious and prompt            Yes 
      in the disposal of cases and 
      has he coped effectually with
      heavy work?
      3.   Are his judgments and orders
      well written and clearly                     Yes
      expressed?
      4.   (For District and Sessions Judges
      and Senior Subordinate Judges)
 
      Is his supervision and the
      distribution of business
      among, and his control over 
      the Subordinate Courts good?
      5.   Is he an efficient Judicial             Yes
      Officer?
      6.   Has he maintained Judicial
      reputation for honesty and
      impartiality?
      7.   Net result.  
The representations of Judicial Officers were considered by us in the meetings held on 6.2.97, 6.3.97, 14.5.97, 21.7.97 and 22.7.97. We have perused the personal files, complaint files, ACR files and also judgments of some of the officers. Some discrete enquiries were also made by us. Having fully considered and examined the matter, our recommendations on the representations are as follows:
       S.   Particulars of the                 Representation (s)
      No.  Representation (s)                 Deserve/Deserves 
                                         to be:
      1.   Two representation dated           Rejected
      nil of Mr. Ravi Kumar,
      Addl. District & Sessions
      Judge, Delhi, for upgra-
      dation of ACRs recorded 
      on his work and conduct
      for the years 1994 and 
      1995.
      2.   Representation dt. 12.7.96         Rejected
      of Mr. Prithvi Raj, a
      Member of Delhi Higher
      Judicial Service for
      expunction of adverse
      remarks recorded in his 
      confidential report for 
      the year 1994-95.
      3.   Application dated 16.7.96          Rejected
      of Mr. G.S. Jugti, a member 
      of Delhi Higher Judicial 
      Service for giving him full 
      particulars on the basis of 
      which remarks 'C' have been 
      recorded on his work and
      conduct for the year 1995.
 
      4.   Representation dated 15.7.96       Rejected
      of Mr. Sunil Gaur, a member of
      Delhi Higher Judicial Service 
      for reconsideration of his
      Annual Confidential Report for 
      the year 1995 and giving him 
      better grade.
      5.   Representation dated               Accepted. The
      10.7.96 of Mr. P.S. Teji, a             officer deserves
      member of Delhi Higher Judicial         to be graded as 
      Service for expunction of               'B' (Average).
      adverse remarks recorded in             However, the
      his ACR for the year 1995.              work and conduct
                                              of officer 
                                              deserves to be 
                                              observed.
 
      6.   Representation dated               Rejected.
      15.7.96 of Mr. M.S. Rohilla 
      M.M.Shahdara, for expunction 
      of adverse remarks recorded 
      in his ACR for the year 1995 
      and, if deemed fit, for 
      giving him opportunity to 
      explain personally.
      7.   Representation dated               Rejected
      6.7.96 of Mr. D.S. Sidhu, 
      M.M. Tis Hazari for 
      reconsideration/review of 
      adverse remarks recorded in 
      his ACR for the year 1995.
 
      8.   Representation dated nil           Rejected.
      of Mr. J.K. Pali, 
      representation dated 11/3/96 
      of Mr.Jaswant Singh and 
      representation dated 8.3.96 
      of Mr. Z.S Solanki,Ex-members 
      of Delhi Judicial Service, 
      addressed to the Lt. Governor, 
      Delhi, for review of their 
      cases of premature retirement 
      and for re-instating them in 
      service treating the 
      intervening period of absence 
      as duty and the request of the 
      Govt. of NCT of Delhi contained 
      in their letter No.6/9-96-Judl.
      /665 dated 22.4.96 for views/
      comments of the Hon'ble High 
      Court thereon to enable to 
      submit the case to the Lt. 
      Governor, Delhi, for his 
      consideration.
      (i)  Representation dated 11.7.96       Rejected.
      of Mr. Ghanshyam Gupta, M.M.
      New Delhi, for deletion of 
      adverse remarks recorded in 
      his ACR for the Year 1995 and 
      for giving him appropriate
      gradation and personal hearing.
      (ii) Representation dated 26.8.96       Rejected.
      of Mr. Ghanshyam Gupta, against
      his supersession in the matter 
      of promotion to Delhi Higher 
      Judicial Service and for grant 
      of personal hearing in the 
      matter.
      (iii)Representation dated 20.9.96       Rejected.
      of Mr. Ghanshyam Gupta against
      adverse entries in his ACR for
      the year 1987-88 to 1991 and 
      for the years 1992 to 1995.
 
      10(i)Representation dated 16.7.96       Rejected.
      of Mr. Rajesh Kumar, M.M. 
      New Delhi for expunction of 
      adverse remarks recorded in 
      his ACR for the year 1993, 
      grant of promotion from the 
      date of his juniors are 
      promoted with consequential 
      benefits, and upgrading the 
      ACRs recorded on his work and 
      conduct for the years 1994 and 
      1995 to 'B+' grading.
      (ii) Representation dated 2.11.96       Rejected.
      of Mr. Rajesh Kumar, M.M.
      against his representation in 
      the matter or promotion to Delhi 
      Higher Judicial Service.
      11(i) Representation dated 8.7.96       Rejected.
      of Mr. P.D. Gupta, M.M.,Tis
      Hazari, for expunction of 
      adverse remarks recorded in 
      his ACR for the years 
      1994 and 1995.
      (ii) Representation dated 21.2.97       Rejected.
      of Mr. P.D. Gupta, MM., Delhi
      against his supersession in the 
      matter of promotion/appointment 
      to Delhi Higher Judicial Service.
 
      12(i)Application dated 16.7.96          1993-Rejected.
      of Mr. S.S. Handa, M.M. Tis
      Hazari for supply of a copy of          1994 and 1995:
      the reasons, if any recorded at         Accepted.
      the time of recording of his ACRs       No remarks need
      for the years 1993, 1994 and            be given for
      1995 and a copy of the remarks          1994 and 1995.
      recorded for these years by the 
      two Hon'ble Inspecting Judges,
      and for extension of time for
      making the full and effective 
      representation.
      (ii) Representation dated 8.1.97        -do-
      of Mr. S.S. Handa, M.M. Tis 
      Hazari against adverse Annual
      Confidential remarks recorded 
      on his work and Conduct for the
      years 1993, 1994 and 1995. 
 
      13(i) Representation dated 3.10.96      Rejected.
      of Mr. A.B. Dateer, an officer
      of Delhi Judicial Service against 
      recommendation of hon'ble High 
      Court of the names of five 
      officers of Delhi Judicial 
      Service, who are Junior to him, 
      for promotion  to Delhi Higher 
      Judicial Service. 
      (ii) Representation dated 27.11.96      Rejected.
      of Mr. A.S. Dateer, an officer 
      of Delhi Judicial Service 
      against adverse Annual 
      Confidential Remarks recorded 
      on his work and conduct for 
      the year 1995.
      14.  Representation dated 27.9.96       Since proposed  
      of Mr. A.K. Chaturvedi,                 chargesheet 
      an officer of Delhi                     against the 
      Judicial Service who has                officer is       
      been placed under suspension            coming up for                                        
      w.e.f. 21.9.96 against the              consideration.               
      order of his suspension.                before Full          
                                              Court on 
                                              26.7.97 it 
                                              would be 
                                              appropriate that
                                              the matter of
                                              suspension is also
                                              taken up by Full
                                              Court.
 
      15.  Note dated 3.9.96 of Hon'ble       The officer should
      Ms. Justice Usha Mehra in the           be warned to be 
      matter regarding inspection note        careful in future 
      dated 30.11.95 recorded by              and his performance 
      Mr. R.K. Sharma,                        should be watched by 
      Additional District & Sessions          the Incharge Addl. 
      Judge in respect of the court           Distt. & Sessions 
      of Mr. Mahavir Singhal,M.M. Tis         Judge, who may be 
      Hazari pointing out certain             directed to report         
      iregularities in the claims of          the matter to the  
      units of disposal charged etc.          High Court               
      pursuant to Administrative              quarterly with    
      Committee decision                      regard to work and
      dated 17.9.1996.                        conduct of the
                                              officer.
      16.  Representation dated 2.1.97        Accepted and the           
      of Mr. I.C. Tiwari an officer           officer deserves
      of Delhi Higher Judicial                to be graded as 
      Service against adverse Annual          per the recommen- 
      Confidential Remark recorded on         dation of the 
      his work and conduct for the            Inspecting Judge.  
      year 1995. 
      17.  Representation dated 6.1.97        Accepted and the 
      of Mr. V.K. Malhotra, an officer        officer deserves to 
      of Delhi Higher judicial Service        be graded as per        
      against adverse Annual                  the recommen-           
      Confidential remarks                    dation of the     
      recorded on his work and                Inspecting Judge.          
      conduct for year 1995.          
      18.  Representation dated 9.12.96       Accepted and 
      of Mr. I.C. Tewari and                  work be 
      representation dated 11.12.96           assigned to
      of Mr. V.K. Malhotra, officers          the officers.
      of Delhi Higher Judicial Service
      against withdrawal of judicial 
      work from them.
      19.  Representation dated 9.12.96 of    Rejected.
      Mr. Shiv Charan, an officer of 
      Delhi Judicial Service for review
      and upgrading of ACRs recorded
      on his work and conduct for the 
      year 1995 and for his promotion 
      as Additional District and 
      Sessions Judge." 

Thereafter, the office put up a notice for compulsory retirement of the appellant under Rule 74 of the Bihar Service Code. That was considered by the Standing Committee on 21.11.1996. The following resolution was adopted:-

       "Agenda                       Declaration
      To consider the               Having considered
      desirability of taking        the entire service
      action under Rule             records of each of 
      74 of the Bihar Service       the following 4 
      Code against a few            officers:
      officers of the 
      Subordinate Judiciary 
      (XIX-31-96)
                                    1. Sh. Madan Mohan 
                                    Choudhary Addl.
                                    Distt. & Sess.
                                    Judge, Madhubani.
 
                                    2 .............
                                    3 .............
                                    4 .............
 
                                    It is resolved that it is 
                                    not in the public interest 
                                    to retain their services any 
                                    longer and they should, 
                                    therefore, be retired 
                                    compulsorily from service 
                                    under Rule 74(b)(ii) of the 
                                    Bihar Service Code.
 
                                    The above decision be 
                                    placed before the meeting of 
                                    the Full Court, scheduled to 
                                    be held on 30th November, 
                                    1996 as per Rule 3(n) of 
                                    Chapter-I Part-I of the 
                                    Rules of the High Court at 
                                    Patna instead of getting 
                                    it circulated."
 
 

On 30.11.1996 the Full Court met. The Resolution of the Standing Committee was approved. The relevant extract of the minutes of the Full Court meeting is as under:-

      "Item No. 7:-            To consider the decision of 
                              the Standing Committee 
                              regarding compulsory 
                              retirement of Judicial 
                              Officers under Rule 74 
                              of the Bihar Service 
                              Code, 1952.

 

The decision of the Standing Committee meeting dated 21.11.96 regarding compulsory retirement of the following Judicial Officers under Rule 74(b) of the Bihar Service Code, is considered by the Full Court and the same is approved.

1. Shri Madan Mohan Choudhary, Addl. Distt. & Sessions Judge, Madhubani.

2..............

3...............

4..............


Read  https://indiankanoon.org/doc/945314/

Delhi High Court
Purshottam Dass Gupta (Shri) vs Union Of India on 28 May, 1999
Equivalent citations: 1999 IVAD Delhi 645, 80 (1999) DLT 230


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