Judgment:
ORDER
M.Y. Eqbal, J.
1. Speedy disposal of cases with responsive and timely Justice is the call of the day and for achieving this goal, a number of Seminars, Workshops, deliberations and discussions are being held throughout the country both at national level as also State level in order to find out the reasons, ways and means to overcome these problems.
2. So far the pendency of cases in the High Courts particularly of this Court is concerned, according to me, one of the reasons is in the posting of inexperienced and untrained officers on the post of Section Officer, Administrative Officer and Stamp Reporter who are the part and parcel of 'Administration of Justice'. Those Class II senior officers posted as Administrative Officer, Section Officers and Stamp Reporters are responsible for making the cases ready after pointing out the defects in the applications, appeals, review petitions, etc. and also after giving report with respect to the Court fee stamp and other charges payable for such petitions/applications. Immediately after removal of defects, those cases are listed before the Bench for admission.
3. For example, the instant appeal was filed on 11.6.2007 against the judgment and decree passed by the Subordinate Judge, Garhwa in Partition Suit No. 25 of 1988. The memo of appeal was accompanied with certified copies of the Judgment and decree under appeal. The stamp reporter pointed out six defects vide office note dated 20.6.2007 and all defects were removed by the counsel on 17.7.2007. The stamp reporter further in his office note mentioned that further report regarding Court fee will be made after examination of the lower Court record. Accordingly, appeal was listed before the Bench on 10.1.2008. By order dated 10.1.2008, the appeal was directed to be listed' after two weeks along with the fresh office note. Again on the basis of stamp report, a fresh office note was given on 18.3.2009 to the effect that report regarding court fee will be made after the lower Court record is called for. For the purpose of passing order for calling for the record, the appeal was listed before me today. In this way, from 11.6.2007 till 1.4.2009 i.e. for about two years, the instant appeal could not be listed for admission because of the report given by stamp reporter. This is not only the solitary case but several hundred of cases are pending before the Lawazima Bench after the defects are pointed out by the office.
4. The question now arises whether the stamp reporter rightly gave a note* to call for the record for giving report with regard to court fee payable? As noticed above, the memo of appeal was filed along with the certified copies of Judgment and decree. In the decree, valuation of the suit is mentioned as Rs. five lacs and since it was a partition suit, it is also mentioned in the decree that a sum of Rs. 706/- was paid as court fee. Despite the valuation of the suit and the court fee payable mentioned in the decree, the stamp reporter gave a note that report regarding court fee shall be made only after the lower Court record is called for. This shows that the assistant, who is posted on promotion as a stamp reporter, has no elementary knowledge as to how stamp reporting is made and amount of court fee is payable in the appeal under the Court Fees Act and Suits Valuation Act. The reason of posting on promotion of Class III employee on such post is only on the basis of seniority and without any examination and without assessing the merit of such person to be promoted either to the post of Stamp Reporter, Section Officer or Administrative Officer. Schedule C of the Jharkhand High Court Rules lays down the mode of appointment of Class II Gazetted Officer. For better appreciation, Schedule C is reproduced herein below:
SCHEDULE CClass II (Gazetted)-------------------------------------------------------------------------Sl. Category Mode of appointment Minimum ExistingNo. /Class/ experience Scale of PayDesignation if any,RequiredHavingBeenEarnedon thefeederpost-------------------------------------------------------------------------1 2 3 4 5-------------------------------------------------------------------------1. Administrative By promotion from Three Rs. 6,500-Officer Section Officers/ Years 200-10,500/-Stamp Reporter/OathCommissioner/deputyDirector (Translation)/Translation Officeron the basis ofmerit-cum-lengthof service in theexisting scale-------------------------------------------------------------------------2. Oath By promotion from Five Rs. 6,500-Commissioner Assistants/Translators years 200-10,500/-on the basis of merit-cum-length of servicein the existing scale.-------------------------------------------------------------------------3. Stamp By promotion from Five Rs. 6,500-Reporter Assistants/Translators years 200-10,500/-on the basis of merit-cum-length of servicein the existing scale-------------------------------------------------------------------------4. Deputy Rs. 6,500-Director 200-10,500/-(Translation)-------------------------------------------------------------------------5. Section By promotion from Five Rs. 6,500-Officers assistants and years 200-10,500/-Translators or any post of the samescale on the basisof merit-cum-seniority/length of service inthe existing grade.-------------------------------------------------------------------------6. Senior By promotion from Five Rs. 6,500-Personal amongst the P.As. years 200-10,500/-Assistants subject to the passingof examination, if anyprescribed.-------------------------------------------------------------------------7. Translation By promotion from Five Rs. 6,500-Officer Translators on the years 200-10,500/-basis of merit-cum-seniority-------------------------------------------------------------------------8. Accounts- By promotion from Threecum-Cash Cashier yearsofficer-------------------------------------------------------------------------
5. From bare perusal of the Schedule, it is clear that the Oath Commissioner or the Stamp Reporter are promoted from Assistant/Translator on the basis of merit-cum-length of service. For assessing the merit of the candidate, no examination is held and normally it is done on the basis of length of service coupled with a formal interview.
6. On the contrary, in the Civil Courts before promoting and posting Class III employees to the post of Sheristadar who does the work of stamp reporting also, he has to pass necessary examination. For better appreciation, Rule 61 to Rule 68 of the Civil Court Staff (Class III and Class IV) Rules are quoted herein below:
61. Before a Stenographer is promoted to the Junior Selection Grade he will have to pass the test of Stenography at the rate of 100 words per minute in English and 80 words per minute in Hindi and only 5% mistakes shall be allowed.
Before a stenographer is promoted to the Supertime scale he will have to pass the examination of practice and procedure and such other papers which may be specified by the High Court from time to time.
62. Before a Clerk is promoted to the Junior Selection Grade he will have to pass an examination in:
(a) Civil Court and Criminal Court Rules framed by the High Court;
(b) Accountancy;
(c) Knowledge of drafting of correspondence and ordersheets; and
(d) Practices and procedure.
63. A clerk before his promotion to Supertime Scale shall have to pass an examination on procedure (Civil and Criminal), Stamp Act, Court-fee Act, Suit Valuation Act, correspondence and noting and drafting. Junior Selection Grade Typist/Stenographers may be transferred to the posts of Clerks if they pass the necessary examinations as mentioned hereinbefore.
64. If suitable persons are not available for promotion to the Supertime Scale of clerk, it would be open to the appointing authority to fill up the said posts by direct recruitment, subject to the prior concurrence of the High Court. The qualification for direct recruitment in the posts of Supertime Scale shall be B.A., B.Sc. and B. Com or an equivalent degree from the recognised university and also degree in Bachelor of Law.
Special Qualification
65. No person shall be eligible for promotion to the posts specified hereto below unless he possesses the qualifications prescribed hereinbelow:
(i) Shristadar of the District Judge must pass a Sheristedar's test as prescribed by the High Court;
(ii) Head Clerk of the District Judge must pass a Sheristadar's test as prescribed by the High Court;
(ill) Sheristadar of any other Court and Accountant must pass the tests prescribed therefor by the High Court.
66. A candidate for the direct recruitment in the post of Supertime Scale of clerk as Sheristadar and Head Clerk of the District Court shall have to pass such examination(s) as may be prescribed by the High Court and such appointment shall be subject to the other rules as provided for herein before.
Revision of orders of promotion
67. An order of promotion made by the District Judge may be revised by the High Court. Such revision may be made either suo motu and/or on a petition submitted by the aggrieved member within six weeks from the date of passing of the said order:
Provided that the said period of six weeks may be extended by the High Court if sufficient cause is shown for the delay in submission of the petition.
68. Any person appointed to the categories of Clerk, Typist and Stenographer shall have to pass an examination of Civil and Criminal Court Rules and Hindi noting and drafting during the period of probation if he has not already passed the said tests.
7. From bare reading of the aforesaid rules, it is evidently clear that before the clerk is promoted to the Junior Selection Grade, he will have to pass examination in Civil Court and Criminal Court Rules, accountancy, knowledge of drafting and correspondence and order-sheets and practices and procedures. Similarly, the clerk before his promotion to Supertime Scale shall have to pass examination on procedures, Stamp Act, Court Fee Act. Suit Valuation Act, correspondences and noting and drafting. Rule 64 even provides that if suitable persons are not available for promotion to the Supertime Scale of Clerk, it will be open to the appointing authority to fill up the said post by direct recruitment. In such event, the qualification for direct recruitment in the post of Supertime Sale shall be B.A. B.Sc. and B.Com or an equivalent degree from recognized university and also degree in Bachelor of Law. For the purpose of promotion to the post of Sheristadar of District Judge, Head Clerk of District Judge and Sheristadar of any other Courts and accountant, they shall have to possess requisite qualification.
8. Comparing the procedures for promotion to the post of Sheristadar (Stamp Reporter), Section Officer (Selection Grade), Administrative Officer (Super Selection Grade) in the High Court, there is no criteria prescribed with regard to the qualification, experience, nor there is any limited examination for the purpose of assessing the merit of the Assistant before promoting him to the post of Section Officer, Stamp Reporter and Administrative Officer. They are promoted only on the basis of length of service.
9. I have, therefore, no hesitation in holding) that because of defect in the procedure of promotion of the Assistant to such an important post of Section Officer, Stamp Reporter and Administrative Officer, the judicial, work besides the administrative work is suffering and the disposal of the cases are inordinately delayed for want of correct office note and wrong stamp reporting given by these promoted Assistants.
10. The public faith in judiciary and speedy justice depends not only on a good relationship between Bar and Bench but also when good experienced and efficient officers are posted in different posts who are directly involved in the dispensation of justice. In my view, therefore, only those Class III Assistants who possess requisite qualification and passed departmental Examination like that of Civil Courts should be posted as Section Officer, Administrative Officer and Stamp Reporter and not only on the basis of length of service unless those assistants passed requisite examination like the Civil Court Assistants, they may not be considered to be meritorious candidates. Those Assistants are also required to undergo training in the State Judicial Academy. As because it is equally the moral duty of the officers posted on different posts to see that there should be speedy disposal of all ministerial works so that the cases could be listed before the Bench without any delay.
11. As stated above, court fee payable in this appeal is the court fee paid in the suit i.e. Rs. 706/-. The appellant is directed to deposit the court fee within two weeks from today failing which this memo of appeal shall stand rejected without further reference to a. Bench.
12. In the light of the discussions made hereinabove, in my view, the matter needs consideration by the Hon'ble Chief Justice and the Standing Committee for making, necessary amendments in the High Court I Rules if they think it necessary.