Delhi Judicial Service Rules-1970

(Published in Delhi Gazette (Extra), Part IV, No. 90, dated August 27, 1970)

Delhi Judicial Service

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

(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 percent 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

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 Tribesissued 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 underthe 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.