THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
01 AGRAHAYAN, 1943 (S)
RANCHI, MONDAY, 22nd NOVEMBER, 2021
Law Department
--------
NOTIFICATION
22nd November, 2021
THE JHARKHAND STATE CIVIL COURTS’ COURT MANAGERS
(RECRUITMENT, CONDITIONS OF SERVICE, CONDUCT AND APPEAL)
RULES, 2020
S.O. - 6A /Civil Court (Court Manager Sewa Sartein) -15 / 2021- 1678 /J.--
Preamble- In continuation of
NOTIFICATION
NO……..
/Accounts,
dated
………………………… JHARKHAND GAZETTE EXTRAORDINARY PUBLISHED BY
AUTHORITY No. 55 14 Magh, 1933 (S) Ranchi Friday 3rd Feb’2012. JHARKHAND HIGH
COURT AT RANCHI Dated Ranchi the 02nd February, 2012 No. 36/A---and in light of
the letter of Hon’ble Sri Ravi Shankar Prasad, Minister of Law and Justice and
Electronics and IT, Government of India, through letter No. DO NO.N-17/76/2017-
NM dated 24.10.17, a separate permanent cadre of administrators for Court
administration, Court management, Court financing etc. needs to be created at the
State level & in light of Order dated 02.08.2018 passed by Hon'ble Supreme Court
of India in Interlocutory Application No. 279 of 2010 in W. P. (Civil) No. 1022 of
1989 [ All India Judges Association & Ors. Vrs. Union Of India & Ors.] wherein
the Hon'ble Supreme Court has directed to regularise all the Court Managers,
No. 567
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Jharkhand Gazette (Extraordinary), Monday, 22nd Novembar, 2021
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of
India, the Governor of Jharkhand, in consultation with the High Court of Jharkhand, is
hereby pleased to make the following rules to regulate the appointment and other
conditions of service of Court Managers in the District and Subordinate Courts of
Jharkhand.
PART I
1. Short title, commencement and extent of application:-
a) These Rules may be called THE JHARKHAND STATE CIVIL COURTS’ COURT
MANAGERS (RECRUITMENT, CONDITIONS OF SERVICE, CONDUCT AND APPEAL) RULES,
2020 and they shall come into force on the date as notified in the official Gazette.
b) These Rules shall apply to all the Court Managers appointed in the
Subordinate Courts of the State of Jharkhand.
2. Definitions:-
In these Rules, unless the context otherwise requires-
a) ‘Board’ means any recognized Institution conducting examinations upto
intermediate standard or awarding diplomas as may be declared by the Chief
Justice to be so recognized for the purpose of these Rules.
b) ‘Chief Justice’ means the Chief Justice of Jharkhand High Court.
c) ‘Constitution’ means Constitution of India.
d) ‘Court’ means Jharkhand High Court.
e) ‘Establishment’ includes all offices, Departments, Sections, Branches and other
Ancillary Unit and Wings of the Civil Courts.
f) ‘Court Manager’ means a person appointed in accordance with these Rules or the
Rules or orders in force prior to the commencement of these Rules.
g) ‘Member of the Staff’ means upto the rank of class III and IV working in the
Establishment of the Civil Court.
h) ‘Schedule’ means the schedule appended to the Rules.
i) “Service” means Court Managers for District Courts of Jharkhand.
j) “Subordinate Courts” means the Subordinate Courts in the State of Jharkhand;
k) “State Government” means the State Government of Jharkhand.
l) Words and expressions used and not defined in these Rules shall have the same
meaning, assigned to them in the CIVIL COURT RULES.
Jharkhand Gazette (Extraordinary), Monday, 22nd November, 2021
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PART-II
3. “Appointing Authority” The appointment of Court Managers in the District and
Subordinate Courts shall be made by the High Court.
4. The administrative control shall be of the Principal District and Sessions
Judges/Judicial Commissioner, as the case may be, in the Subordinate Courts.
5. Appointment of persons in the establishment of the Court- Appointment of the
Court Managers in the Civil Courts of Jharkhand shall be made:-
1) By Direct Recruitment through written examination followed by
interview, or
2) Regularisation by way of absorption of Court Managers already working
as Court Managers, in light of directions of Hon’ble Supreme Court as one time
measure.
3) Any employee already working in the establishment of Civil Court
having a degree of MBA or equivalent from a recognized institution shall be eligible to
participate in the selection process for consideration of candidature as per the
provision of Rule 5(1) subject to eligibility criteria as per Rule 8(2) with the prior
approval of the the competent authority.
6. Constitution of Service:
The Service shall consist of the cadre viz. Court Managers at District &
Subordinate Courts of the State of Jharkhand.
7. Eligibility:-
No person shall be eligible for appointment to the Service by direct recruitment,
unless he satisfies the Appointing Authority-
1) That he/she is a citizen of India.
2) That he/she is of sound health and clean habits;
3) That his/her conduct, character and antecedents are such as to qualify
him for the service;
4) That he has completed 25 years of age on the date of advertisement by
the High Court or cut of date, if any
Provided that-
i) The upper age limit for other reserved categories residing in the
Jharkhand State shall be computed as per the resolution of Department of
Personnel, Administrative Reforms & Rajbhasha, Government of
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Jharkhand Gazette (Extraordinary), Monday, 22nd Novembar, 2021
Jharkhand, Ranchi in force on the date of advertisement.
ii) The Chief Justice may, at his discretion, relax the age rule, if he
considers it necessary in individual cases.
5) That he/she possesses the educational qualification and/or experience
as indicated in Rule 8.
8. Qualification:-
1. A degree or Advanced Diploma in General Management preferably MBA
from a recognized institution.
AND
2. Five (5) Years Experience/ Training in System and Process Management.
OR
Five (5) Years Experience / training in IT Systems Management, HR
Management and Financial System Management.
9. Regularisation by way of Absorption:-
a) Those personnel serving as on the date of commencement of these
Rules, as Court Managers in District and Subordinate Courts in the State of Jharkhand,
having been recruited as per the notification dated 03.02.2012 published in
”JHARKHAND GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No.55 14 Magh,
1933 (S) Ranchi, Friday 3rd Feb’2012. JHARKHAND HIGH COURT AT RANCHI Dated
Ranchi the 02nd February, 2012 No. 36/A” shall be eligible for one time regularisation
by way of absorption in the cadre of Court Manager which they may be holding on the
date of commencement of these Rules in terms of the direction passed by Hon’ble
Supreme Court in I.A. No. 279 of 2010 in W.P. (C) No. 1022 of 1989.
b) The regularisation by way of absorption under Sub Rule (a) as
mentioned above shall be a one- time exercise.
c) The personnel, not recruited as per the guidelines laid down in the
“JHARKHAND GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 55 14 Magh,
1933(S) Ranchi, Friday 3rd Feb’2012. JHARKHAND HIGH COURT AT RANCHI Dated
Ranchi the 02nd February,2012 No.36/A” and the personnel, not in service as on the
date of commencement of these Rules, in any category of post, shall not be entitled for
regularisation by way of absorption as mentioned above.
10. Pay Scale: - 7th Pay Commission Level-11, 67700 & 6th Pay Commission
(PB-III): 15600-39100 Grade Pay 6600/-
Jharkhand Gazette (Extraordinary), Monday, 22nd November, 2021
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11. Promotion:-
(i) There will not be any post for regular promotion in the cadre, since it is single
cadre post.
(ii) The benefit of MACP will be implemented in light of Sankalp No. 2981 dated
01.09.2009 of the Finance Department, State of Jharkhand or any subsequent
resolution for financial upgradation by the State Government.
(iii) The duration of service for taking the benefit of MACP will be computed from
the date of joining/taking charge on the post of Court Manager.
12. Seniority:-
(a) Court Managers in the District and Subordinate Courts in the State of
Jharkhand, recruited on contractual basis as per the guidelines laid down in the
”JHARKHAND GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No.55 14
Magh,1933(S) Ranchi, Friday 3rd Feb’2012 JHARKHAND HIGH COURT AT RANCHI
Dated Ranchi the 02nd February,2012 No.36/A” shall be placed in the same order of
seniority of their appointment in the respective post and continuing in service as on
the date of commencement of these Rules, irrespective of the date of their actual
regularisation by way of absorption into a category of post, which they are holding as
on the date of commencement of these Rules.
(b) Court Managers in the District and Subordinate Courts appointed by
direct recruitment shall be placed in the same order of seniority as indicated in their
appointment order/merit list issued by the High Court based on their performance in
the recruitment process and they shall be placed below the absorbed candidates.
(C) Seniority of Court Managers shall be counted after the date of
regularization.
13. Probation:-
A) Persons appointed to the service by direct recruitment or by
regularisation by way of absorption shall be on probation for two years from the date
of their initial appointment and their confirmation in service shall be subject to clearing
the probation period successfully. In any individual case and class of cases, the Hon’ble
Court may extend period of probation.
B) Confirmation-A probationer shall be confirmed substantively at the end
of his probation period (or extended probation period) if his work and conduct during
the period of probation have been found to be satisfactory.
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Jharkhand Gazette (Extraordinary), Monday, 22nd Novembar, 2021
14. Existing Members of the Establishment-The Court Managers of Civil Courts
will be member of Establishment of Civil Court under these rules for all intents and
purposes. Any matter not covered under this shall be governed by “The Jharkhand
State Civil Courts’ Officers and Staffs (Recruitment, Promotion, Transfer and other
Service Conditions) Rule 2018”.
15. Relaxation –The Chief Justice may from time to time with respect to any
individual case or for any class or group of cases relax any condition or any requirement
as it relates to age, qualification or minimum experience, as is or may be prescribed in
or under these Rules.
16. Interpretation –If any dispute or question arises relating to the applicability
or interpretation of these Rules, the decision of the Chief Justice shall be final.
17. Regulations and Administrative Orders-
A) With a view to achieve the purpose of these Rules and also to carry into
effect the provisions and objectives contained therein, the Court may, from time to
time, make regulations or issue Administrative Orders.
B) Without prejudice to the generality of the foregoing power, such
regulations or orders may relate to, or provide for:-
i) a procedure for making direct appointments ,including the conduct of
examinations and the fees required to be paid by the candidates desirous
of appearing in such examinations ;
ii) the provision or prescription of any special examinations or tests for
clearance of probation; or
18. Amendment of the Rules-The High Court may, from time to time,
amend these Rules.
19. Punishment Penalties-
A) The following penalties may for good and sufficient reasons, and as
hereinafter provided, be imposed upon the Court Managers in the District and
Subordinate Courts, namely-
Jharkhand Gazette (Extraordinary), Monday, 22nd November, 2021
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Minor Penalties:
i) censure;
ii) fine,
iii) with holding of increments or promotion ,and
iv) recovery from pay of any loss caused to the State.
Major Penalties
i) pre-mature (compulsory)retirement;
ii) removal
from
service,
which
does
not
disqualify
for
future
appointment, and
iii) dismissal.
B) Without prejudice to the generality of the provisions of law, no order
imposing any ‘minor penalty’ shall be passed against a Court Manager unless
he/she has been given an adequate opportunity in writing of making a
representation that he may desire and before taking such representation into
consideration.
Explanation- While giving an opportunity of making representation, the Court Manager
shall be informed in writing the substance of the accusations/ allegations against him
and he would be asked to submit his detailed reply/defense with respect thereto.
20. Residuary Matters: - With Regard to preferring appeal against the
punishment and the matters not specifically covered under these Rules including the
matters governing service conditions of the Court Managers, their conduct and
discipline, the Court Managers shall be governed by the Jharkhand Government
Servant (Classification, Control and Appeal) Rules-2016, as well as by Law, Rules and
Regulations or norms applicable to the State Government Employees in general in so
far as these are not inconsistent with, or repugnant to these Rules.
21. TRANSFER-The service of the Court Managers of District and Subordinate
Court will be transferable as per administrative exigency or in public interest as per the
direction of the High Court.
22. Reservation- Rule of reservation/roster applicable in the State of Jharkhand
shall be applicable.
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Jharkhand Gazette (Extraordinary), Monday, 22nd Novembar, 2021
23. Repeal and Savings:-
1. The guideline notified in JHARKHAND GAZETTE EXTRAORDINARY
PUBLISHED BY AUTHORITY No. 55 14 Magh, 1933 (S) Ranchi Friday 3rd Feb’2012.
JHARKHAND HIGH COURT AT RANCHI Dated Ranchi the 02nd February, 2012 No. 36/A
is hereby repealed.
2. Notwithstanding such repeal, any order, rule, notification or scheme made
or anything done or any action taken in pursuance of any provision of the said
guideline, shall be deemed to have been made, done or taken under the corresponding
provisions of this Rule.
ANNEXURE- “A”
Duties and Responsibilities of COURT MANAGERS
Nature of work- The duties of Court Managers for the District Courts shall be to assist
the Principal District & Sessions Judge /Judicial Commissioner in administrative duties
including formulation of policy for better e-governance, disposal of cases and for
efficient court management.
A.
Policies and Standards
For the Managers at the District and Subordinate Courts:-
•
Based on applicable directives of High Court, a performance standard will
be established and looked after by the Managers which shall include
Induction training of the employees.
•
Carry out an evaluation of the Compliance of the Court with standards,
Identify deficiencies and deviations, identify steps required to achieve
compliance, maintain such an evaluation on current basis through annual
updates. For the same the managers shall :-
Prioritization of Cases –The cases may be prioritized as Fast Track Cases,
Normal Track Cases and Slow Track Cases depending on the age of the cases year
wise and according to its stage of the case and may be listed as per the
prioritization.
The Registrar and Chief Administrative Officer shall exercise supervisory
jurisdiction over the functioning of Court Managers.
Jharkhand Gazette (Extraordinary), Monday, 22nd November, 2021
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B.
Planning
For the Managers at the Judgeships of the State
In consultation with the Stakeholders of a Court (including the Bar,
ministerial staff, Executive Agencies supporting Judicial functions such as
prosecutors/police/process serving agencies and Court users) to prepare and
update annually a 5 year Court Development Plan (CDP)
Look after the implementation of the CDP and report to superior
authorities on progress.
CASE/COURT MANAGEMENT
•
To ensure that the processes and procedures of the Court (including for
filing, scheduling, conduct of adjudication, access to information and documents
and grievance redressal) are fully compliant with the policies and standards
established by the High Court for Court Management and they safeguard
quality, ensure efficiency and timeliness and minimize costs to litigants and to
the State and enhance access to Justice.
Information and Statistics
Ensure that reports on statistics are duly compiled and provided as
required
DAY TO DAY ACTIVITIES, FUNCTIONS AND DUTIES
i)
Management cadre shall ensure that the processes and procedures of the
Court i.e. filing, scheduling, conduct of adjudication, access to information and
documents and grievance redressal are fully compliant with the policies
established by the High Court for Court Management and that they shall
safeguard quality, ensure efficiency and timeliness, and minimize costs to
litigants and to the State, and enhance access to justice.
ii)
Ensure that Case Management systems are fully compliant with the
policies and standards established and timeliness, costs to litigants and to the
State.
iii)
The Principal District & Sessions Judge/ Judicial Commissioner may assign
any duty by general or special order, from time to time.
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Jharkhand Gazette (Extraordinary), Monday, 22nd Novembar, 2021
iv)
Personnel appointed under the Management cadre shall report as per
separately mentioned reporting channel.
v)
Any other work assigned by The Principal District & Sessions Judge/Judicial
Commissioner, Registrar or Chief Administrative Officer.
vi)
Court Managers can not interfere with policy decisions.
COURT MANAGER ROLES AND RESPONSIBILITIES
DISTRICT COURT
Fiscal Administration- Look after all the work of Court budgets ,administrating
accounting ,purchasing, payroll and financial control functions, acquiring and
overseeing grants and guiding and budget
Case Flow Management-Look after of post disposition activity, assessment of
compliance with orders and continuous process evaluation
Human Resource Management-Inter District Transfer Related Work of employees,
Matter regarding compassionate appointment ,employees Grievance /complaints related
work, Employees ACR related work
TECHNOLOGY MANAGEMENT-Evaluating technology based opportunities for
expanding the Court system capacity, providing technologies to navigate information
systems, providing electronic transmission of and access to data, images and other files
in automated records management and retrieval systems, utilizing Court room
technology and implementation of other computer assisted systems that can improve
Court performance.
INFRASTRUCTURE – In Consultation with the stakeholders of a court (including the
Bar, ministerial staff, Executive Agencies supporting judicial functions such as
prosecutors/policies /process serving agencies and court users)prepare, implement and
update annually a 5 years court wise Court Development Plan.
Statistics-Ensure that reports on statistics are duly compiled and provided as required
RESPONSIVENESS MANAGEMENT –Access to Justice Legal Aid and User
Friendliness-Ensure that the court meets standards established by the High Court on
access to justice, legal aid and user friendliness.
Look after OF SECTIONS /COURTS/OTHER DEPARTMENT AND Look after
OF STAFF-Court Registers and Receipts, Centralize Filing Centre, Talwana Section,
Nazarat Section, Copying Section, Malkhana Library, Record Room Section, Computer
Section, work Assignments to employees in case of Court is vacant or Judicial Officer is
on leave Arrangement of alternate for Court, if the Judicial Officer is on leave.
Any other work assigned by the Principal District and Sessions Judge / Judicial
Commissioner.
Jharkhand Gazette (Extraordinary), Monday, 22nd November, 2021
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Annexure- B
REPORTING CHANNEL OF COURT MANAGER DISTRICT COURT:
PRINCIPAL DISTRICT AND SESSIONS JUDGE or ANY JUDGE
AUTHORIZED
ↆ
REGISTRAR/Chief Administrative Officer/Chief
Shrestedar
ↆ
COURT MANAGER
ↆ
OTHER MINISTERIAL CADRE OF THE JUDGESHIP
By order of the Governor of Jharkhand,
Sd/-
Mukulesh Chandra Narain,
Principal Secretary-cum-L.R. (I/C)
Law Department
Government of Jharkhand, Ranchi
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झारखड राजक
य मुणालय
झारखड राजक
य मुणालय, राँची वारा काशत एवं मु त
राँची वारा काशत एवं मु त,
झारखड गजट
झारखड गजट (असाधारण
असाधारण)
) 567 -- 50