Skip to content

Advocatetanmoy Law Library

Legal Database

United States Code

  • Title 1. General Provisions
  • Title 2. The Congress
  • Title 3. The President
  • Title 4. Flag and Seal, Seat of Government, and the States
  • Title 5. Government Organization and Employees
  • Title 6. Domestic Security
  • Title 7. Agriculture
  • Title 8. Aliens and Nationality
  • Title 9. Arbitration
  • Title 10. Armed Forces
  • Title 11. Bankruptcy
  • Title 12. Banks and Banking
  • Title 13. Census
  • Title 14. Coast Guard
  • Title 15. Commerce and Trade
  • Title 16. Conservation
  • Title 17. Copyrights
  • Title 18. Crimes and Criminal Procedure
  • Title 19. Customs Duties
  • Title 20. Education
  • Title 21. Food and Drugs
  • Title 22. Foreign Relations and Intercourse
  • Title 23. Highways
  • Title 24. Hospitals and Asylums
  • Title 25. Indians
  • Title 26. Internal Revenue Code
  • Title 27. Intoxicating Liquors
  • Title 28. Judiciary and Judicial Procedure
  • Title 29. Labor
  • Title 30. Mineral Lands and Mining
  • Title 31. Money and Finance
  • Title 32. National Guard
  • Title 33. Navigation and Navigable Waters
  • Title 35. Patents
  • Title 36. Patriotic and National Observances, Ceremonies, and Organizations
  • Title 37. Pay and Allowances of the Uniformed Services
  • Title 38. Veterans' Benefits
  • Title 39. Postal Service
  • Title 40. Public Buildings, Property, and Works
  • Title 41. Public Contracts
  • Title 42. The Public Health and Welfare
  • Title 43. Public Lands
  • Title 44. Public Printing and Documents
  • Title 45. Railroads
  • Title 46. Shipping
  • Title 47. Telecommunications
  • Title 48. Territories and Insular Possessions
  • Title 49. Transportation
  • Title 50. War and National Defense
  • Title 51. National and Commercial Space Programs
  • Title 52. Voting and Elections
  • Title 54. National Park Service and Related Programs

Read More

  • Home
    • About
  • UPDATES
  • Courts
  • Constitutions
  • Law Exam
  • Pleading
  • Indian Law
  • Notifications
  • Glossary
  • Account
  • Home
  • 2020
  • February
  • 29
  • Leave rules for the Judicial Officers of the Criminal Courts in West Bengal
  • Service Law

Leave rules for the Judicial Officers of the Criminal Courts in West Bengal

Rules 489 to 497 of Criminal Rules and Orders West Bengal Service Rule Part -1 Chapter 15 Bengal Government Servants' Conduct Rules, 1975 The West Bengal Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980
5 min read
Print Friendly, PDF & Email

Rules 489 to 497 of Criminal Rules and Orders

West Bengal Service Rule Part -1 Chapter 15

Bengal Government Servants’ Conduct Rules, 1975

The West Bengal Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980

The Prevention of Corruption Act, 1947

  •  Casual Leave- 15 days in a Calendar Year
  • Maximum permissible period for absence- 5 years 

Supervision and Control by High Court

Control of the High Court over the members of the subordinate judiciary in the State, is a complete and exclusive control and it is the High Court and no other authority which can exercise such control over the members of the subordinate judiciary of the State. The Supreme Court in the case of the Chief Justice of Andhra Pradesh and Anr. v. L.V.A. Dikshitulu and Ors. (A.I.R. 1979 S.C. 198) has clearly indicated that the control over the subordinate judiciary vested in the High Court under Article 235 is exclusive in nature, comprehensive in extent and effective in operation and it comprehends wide variety of matters. In our view, the contention of the appellant that although under the first limb of Article 235 of the Constitution, exclusive control over the members of the Judicial Service of the State has been vested in the High Court, such control cannot be exercised unless statutory rules governing the conditions of service or in the absence of such statutory rules, executive instructions are issued by the State Government, cannot be accepted. It will be an incorrect reading of Article 235 of the Constitution, if it is contended that the exercise of control can only be made by the High Court on the basis of service regulation framed by the appropriate authority and or the executive instructions issued by the State Government. It appears to us that the second limb of Article 235 of the Constitution only limits the exercise of control by the High Court under the first limb of Article 235 and the said second limb only envisages that if there is any service regulation, the exercise of control by the High Court will be made in accordance with such service conditions. The exercise of control under Article 235 of the Constitution does not become inoperative or inchoate in the absence of framing of any service regulation and/or issuing any exclusive instructions by the State Government. The Supreme in the case of State of West Bengal v. N. N. Bagchi has considered the scope of Article 235 of the. Constitution of India and has held that the expression ‘control’ as used under Article 235 includes disciplinary control. Similar view has been expressed by the Supreme Court in the case of Baroda Kanta Mishra v. Registrar, Orissa High Court and Anr. and in the case of or State of Haryana v. Indar Prakash Anand and Ors. . It is quite apparent that the High Court in discharging its duties and function as a Controlling Authority of the members of the Judicial Service of the State has power to initiate disciplinary proceeding and make enquiries against the Judicial Officers in furtherence of the administration of justice. The decision made in the case of Glaxo Laboratories (I) Ltd. and the decision made in Rasiklal Bhagagi’s case since relied on by the appellant have no manner of application in the facts and circumstances of the instant case. In the said decisions, the Supreme Court has held that when ‘misconduct’ has been defined in the relevant standing order, a charge of misconduct must be confined to such defined or enumerated misconduct. It may be noted in this connection that no service regulation has been framed by the appropriate authority regarding the conditions of service of the members of the Judicial Service of the State of West Bengal but the members of the Judicial Service of the State are being controlled all along by the High Court and disciplinary proceedings had been and are being initiated from time to time. Although the West Bengal Government Servant’s Conduct Rules, 1959 do not apply in terms to the members of the Judicial Service, but the broad principles of such Conduct Rules applicable to Government employees in general may be followed. In our view, it is not necessary to go into the question as to whether or not the West Bengal Duties and Rights Rules and the (provisions of Prevention of Corruption Act apply to the members of the Judicial Service for the purpose of disposing of the contentions raised in the instant appeal. It appears to us that charges are not at all vague and the said charges also do not depict that the charging authority has finally framed its mind and is proceeding with bias and or closed mind against the delinquent Officer. It will appear from charge No. 2 that the delinquent Officer held out threats and hurled abuses to the Officer-in-charge and other Police Officers of the Bhowanipur Police Station in inducing, coercing and/or intimidating them to release the seized movables in favour of one Sm. Bimala Ghosh. It does not appear to us that no such allegations, a disciplinary proceeding cannot be initiated against the delinquent Officer simply because ‘misconduct’ on the part of the Judicial Officer has not been defined. It also does not appear to us that the charges have been framed against the appellant on grounds inconsistent with accepted notion of good or proper conduct of a public servant and as such it can be reasonably contended that an arbitrary action has been taken against the delinquent Officer by initiating a disciplinary proceeding merely on subjective evaluation of a standard relating to the conduct of the appellant although such standard is not commonly accepted. Accordingly, in the facts of the case, the allegation of an arbitrary action on the part of the disciplinary authority in initiating the disciplinary proceeding is not tenable. In our view, the learned Trial Judge has rightly noted that the delinquent Officer has been served with the charge-sheet containing the charges and imputations made in support of such charges. The documents intended to be relied upon in the disciplinary proceeding have also been indicated and inspection of such documents have also been given to the delinquent Officer. Hence, all reasonable opportunities to defend the charges levelled against the delinquent Officer have been given. In the circumstances, there is no occasion at this stage to quash the disciplinary proceeding either on the ground of inherent lack of jurisdiction of the High Court to initiate such proceeding or on the ground of arbitrary or untenable charges levelled against the appellant. If the contention of the appellant that in the absence of any service regulation or executive instructions issued by the State Government, the High Court cannot exercise any control over the members of the Judicial Service of the State is accepted, it will only mean that the members of the Judicial Service of the State of West Bengal are at present fully immuned against any administrative control because under Article 235 of the Constitution the High Court and no other authority can exercise control and the High Court for want of service regulations are also incompetent to exercise such control. Such contention is not only untenable and opposed to the provisions of Article 235 of the Constitution but will lead to an absurdity.[Amar Nath Saha And A.N. Saha vs High Court And 4 Ors.  (1987)1 Cal HN 193. 91 CWN 912]

RREAD MORE

Study material relating to court management and disciplinary procedings by Honble Justice R.K. Bag

West Bengal Service Rule, Note, Vol-I


Related

Tags: Criminal Rules Judicial Service west bengal

Continue Reading

Previous: No rule can be struck down merely because it has been wrongly interpreted by the Government so as to defeat the object of advancing the cause of higher merit.
Next: State of U.P. and Ors. etc. v. U.P. State Law Officers Association and Ors. etc- 25/01/1994

Indian Supreme Court Digest

  • Unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint (SC-18/05/2023)
  • For passing order u/s 319 CrPC, ‘satisfaction’ as mentioned in para no106 of Hardeep Singh case is sufficient (SC-2/06/2023)
  • ISKCON leaders, engage themselves into frivolous litigations and use court proceedings as a platform to settle their personal scores-(SC-18/05/2023)
  • High Court would not interfere by a Revision against a decree or order u/s 6 of SRA if there is no exceptional case (SC-2/4/2004)
  • Borrower may file a counterclaim either before DRT in a proceeding filed by Bank under RDB Act or a Civil Suit under CPC-SC (10/11/2022)

Write A Guest Post

Current Posts

Unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint (SC-18/05/2023)
15 min read
  • Criminal Procedure Code 1973

Unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint (SC-18/05/2023)

For passing order u/s 319 CrPC, ‘satisfaction’ as mentioned in para no106 of Hardeep Singh case is sufficient (SC-2/06/2023)
8 min read
  • Criminal Procedure Code 1973

For passing order u/s 319 CrPC, ‘satisfaction’ as mentioned in para no106 of Hardeep Singh case is sufficient (SC-2/06/2023)

Ghanshyam Vs Yogendra Rathi (02/06/2023)
8 min read
  • Supreme Court Judgments

Ghanshyam Vs Yogendra Rathi (02/06/2023)

Indian Lok Sabha Debates on The Railways Budget 2014-15 (10/06/2014)
198 min read
  • Indian Parliament

Indian Lok Sabha Debates on The Railways Budget 2014-15 (10/06/2014)

  • DATABASE
  • INDEX
  • JUDGMENTS
  • CONTACT US
  • DISCLAIMERS
  • RSS
  • PRIVACY
  • ACCOUNT
Copyright by Advocatetanmoy.