Jharkhand Gazette, No. 642, 06 November 2023

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THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

8 KARTIK 1945 (S)

No. 642

RANCHI, MONDAY 30TH OCTOBER, 2023

LAW DEPARTMENT

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NOTIFICATION

30th October, 2023

S.O.-B10/Vidhi-Stha-10/2020-2415/J--Whereas, it is expedient to provide for method of Appointment and Conditions of Service of Officers and Staff for the Judicial Academy Jharkhand, the Governor of Jharkhand, in consultation with the High Court of Jharkhand, in exercise of the powers conferred by the Article 309 of the Constitution of India, is hereby pleased to make the following Rules to regulate the method of Appointment and Service Conditions of Officer and Staff appointed under these Rules.

PART-I

1. Short title and Commencement: -

(i) These Rules shall be called "THE JUDICIAL ACADEMY JHARKHAND OFFICERS AND STAFF (APPOINTMENT AND CONDITIONS OF SERVICE) RULES, 2023."

(ii) These Rules shall apply to all officers and staff appointed and already working in the establishment of the Judicial Academy Jharkhand and all other persons who may be appointed subsequently on different posts as specified in these Rules enacted hereinafter except the Judicial Officers.

(iii) It shall come into force on the date of its publication in the official Gazette of the Government of Jharkhand.

2. Definitions :-In these Rules, unless the context otherwise requires- (a) 'Academy' means 'The Judicial Academy Jharkhand'.

(b) 'Appointing and Disciplinary Authority' means Appointing and Disciplinary Authority as defined under Rule-4.

(c) 'Chief Justice-cum-Patron-in-Chief' means the Chief Justice of High Court of Jharkhand and includes the Judge performing the duties of Chief Justice of High Court of Jharkhand.

(d) 'Director' means the Director of the Judicial Academy Jharkhand.

(e) 'Establishment' includes all Officers, Departments, Sections, Branches and other ancillary unit and wings of the Judicial Academy Jharkhand.

(f) 'Government' means the Government of Jharkhand.

(g) 'Governing Body' means the body defined in Rule 5 of the Judicial Academy, Jharkhand, Regulation, 2002 (As amended in 2016 and notified in S.O. No. 89, dated 27/9/2016).

(h) 'High Court' means the High Court of Jharkhand.

(i) Judge-in-Charge means a sitting Judge of the High Court to be nominated by the Chief Justice-cum-Patron-in-Chief.

(j) 'Member of the Establishment and Staff' means a person appointed on the posts specified in Schedule I in accordance with these Rules or the Rules or orders in force prior to the commencement of these Rules, but does not include officers and staff appointed by way of deputation.

(k) 'Schedule' Means the schedules appended to the Rules.

PART-II

(STRENGTH, APPOINTMENT AND CONDITIONS OF SERVICE)

3. Strength Of The Establishment:- The Judicial Academy Jharkhand shall consist of categories of posts shown in Schedules to these Rules.

4. Appointing and Disciplinary Authority:-

The Director Judicial Academy Jharkhand shall be the appointing and disciplinary authority with respect to the posts mentioned in the Schedule.

5. Conditions, Eligibility and Disqualifications for Appointment -

(1) A person shall be eligible for appointment to the service by direct recruitment if he possesses on amongst other the following qualifications :

(a) Essential qualifications and experience as prescribed in the Schedule.

(b) A citizen of India.

(c) Medically fit.

(d) Bears good moral character and is not disqualified from appointment to any post under the Government of Jharkhand or the Union of India.

(2) Age limit for appointment:-

As per the resolution no. 609/Ranchi dated 25.01.2016 of Department of Personnel, Administrative Reforms & Rajbhasha, Government of Jharkhand, Ranchi for upper age and resolutions of Department of personnel, Administrative Reforms & Rajbhasha, Government of Jharkhand, Ranchi given below for lower age or any other circular of the State Government in force on the date of advertisement. The cut off date for the calculation of age shall be 1st August of the year of requisition for appointment.

Provided that, the Governing Body may, in its discretion and for reasons to be recorded in writing relax or alter the age limits, if it considers it necessary in appropriate cases subject to the approval of the Chief Justice-cum-Patron-in-Chief.

(3) Any person who attempts to influence the process of appointment in any manner, shall not be considered for appointment.

(4)A person shall not be eligible for appointment if he or she –

(a) is or has been a member of, or has associated himself or herself with anybody or association after such body or association is declared as an unlawful body or association so declared by the competent authority; or

(b) has participated in or is associated with any activity or programme -

(i) aimed at subversion of the Constitution of India; or

(ii) aimed at organized breach or defiance of law involving violence; or, (iii) which is prejudicial to the interests of the sovereignty and integrity of India or the security of the State; or

(iv) which promotes feeling of hatred and enmity between different sections of people on grounds of religion, race, language, caste or community; or (c) is dismissed from service under the Government of India or any State Government or any other organization,

(d) is or has been debarred or disqualified by the Union or any State Public Service Commission or any organization from appearing in any examination or selection conducted by it;

(e) has been convicted for an offence involving moral turpitude.

EXPLANATION - If any doubt arises regarding the eligibility of a candidate for appointment, the decision of the Chief Justice-cum-Patron-in-Chief shall be final.

6. Provision of reservation for appointment:

Reservation in appointment in each cadre shall be in accordance with Acts, Rules, Notifications and Circulars issued by Government of Jharkhand from time to time.

7. Mode of Appointment to the posts:-

Appointment of members of the Establishment and staff, in various classes and categories in the Establishment of the Academy shall be made :-

(a) by deputation;

(b) by direct recruitment;

(c) by promotion;

8. Scales of Pay and Strength of cadre appointed under these Rules:-

The persons appointed in the Establishment of the Academy shall draw such pay, allowances, perquisites, pension and retirement benefits as applicable to the corresponding employees of Secretariat and of the Government of Jharkhand.

9. Application to the Post and Syllabus of Examination:-

The modalities of the selection process in case of direct recruitment to the posts of Judicial Academy shall be as per the regulation so framed for the purpose by a Committee constituted by the Chief Justice-cum-Patron-in-Chief to be headed by the Judge-in-Charge of the Judicial Academy Jharkhand.

10. Probation and Confirmation:-

(1) All appointments in the establishment by direct recruitment shall be on probation for a total period of two years.

(2) The period of probation, for reasons to be recorded in writing, may be extended by the Appointing Authority for a maximum period of one year.

Provided confirmation of all appointments made by promotion shall not be granted unless the candidate successfully complete 2 (Two) years of service on the promoted post.

(3) At the end of the period of probation, the Appointing Authority shall consider the suitability of the employee so appointed to hold the post to which a person was appointed, and-

(i) if it decides that an employee is suitable to hold the post to which he was appointed and has passed the examinations or tests, if any, required to be passed during the period of probation, it shall, as soon as possible, issue an order declaring him to have satisfactorily completed the period of probation and such an order shall have effect from the date of expiry of the prescribed period of probation or as extended from time to time.

(ii) if the Appointing Authority considers that the employee is not suitable to hold the post to which he was appointed, he shall, by order discharge him from service.

(4) An employee shall not be considered to have satisfactorily completed the period of probation unless a specific order to that effect is passed. Any delay6 Jharkhand Gazette (Extraordinary), Monday, 30th October, 2023 in passing such an order shall not entitle the employee to be deemed to have satisfactorily completed the period of confirmation or probation, as the case may be.

(5) Notwithstanding anything contained in these Rules, the Appointing Authority may, at any time during the period of probation, discharge from service, a probationer on account of his/her unsuitability for the Service.

11. Seniority:-

(i) Inter-se Seniority amongst employees appointed by direct recruitment shall be determined, as per their respective position in the merit list.

(ii) In case of appointment by promotion arising out of the same transaction, the candidates will maintain their inter-se seniority as it was in the lower cadre.

(iii) In case of an appointment to a cadre by promotion and direct recruitment on the same date, the employee appointed by promotion shall be senior to the directly recruited employees.

(iv)The relative seniority of members of the Service appointed to any Grade before coming into force of these Rules shall be maintained.

(v) The decision of the Appointing Authority in case of dispute as regards to inter- se seniority shall be final.

12. Promotion :-

The promotion to the next higher grade may be given to the employees of the officers and staff of Judicial Academy as per the schedules. The promotion shall be given on the basis of merit cum seniority among the staff having required experience and qualification as specified in the schedule.

The modalities of the selection process in case of promotion to the next higher post of Judicial Academy shall be as per the regulation so framed for the purpose by a Committee constituted by the Chief Justice-cum-Patron-in-Chief to be headed by the Judge-in-Charge of the Judicial Academy Jharkhand.

13.Disciplinary Action :-

The Jharkhand Government Servants (Classification, Control, Appeal) Rules,

2016 with statutory modification shall apply so far as it relates to the initiation and conduct of Disciplinary Proceeding and penalty in respect of any employee of the establishment of Judicial Academy Jharkhand.

The Director, Judicial Academy Jharkhand shall have the power to put an employee posted in the Academy under suspension and thereafter take appropriate action or may pass orders as he may deem fit.

14.Appeal :-

Any employee aggrieved by imposition of any major punishment upon him by the Disciplinary Authority shall be entitled to file an appeal before the Chief Justice- cum-Patron-in-Chief against such an order within a period of 30 days from the date of receipt of a copy of the said order and/or from the date of communication of the said order whichever is earlier.

Provided that the Chief Justice-cum-Patron-in-Chief, may for sufficient reasons, condone the delay in filing such appeal.

15. Postings and Transfers –

Notwithstanding the initial appointment of any person on any particular post or in any particular class or category, the Director may in the interest of administration, transfer any such person to any other post, or in any other department in the Establishment in equivalent pay scale.

16. Power and Authority to Delegate:

The Chief Justice may delegate any of the power(s) exercisable by him in relation to these Rules to any other Sitting Judge of the High Court or to the committee headed by a Sitting Judge of the High Court.

17. Contravention of the Rules:

(i) An employee of the Academy contravening the provisions of any of the Rules relating to general conduct shall render himself liable to disciplinary action in accordance with Rules provided for this purpose.

(ii) Notwithstanding anything contained in these Rules, the Patron-in-Chief may take any disciplinary action against an employee suo-moto or direct the disciplinary authority concerned to take action against such an employee.

18. Power and Authority to Control:

All persons appointed to different posts shall be subject to the superintendence and control of the Director subject to direct overall superintendence and control of the Judge-in-Charge.

19. Power to make regulation :The Chief Justice-cum-Patron-in-Chief may make Regulations for carrying out the purposes of these Rules and for giving effect to the objectives contained herein.

PART-III

(MISCELLANEOUS)

20. Relaxation –The Chief Justice-cum-Patron-in-Chief alone shall have power to dispense with or relax the requirements of any of the provisions made in these Rules to such extent and subject to such conditions as it may consider necessary in appropriate cases.

21. Interpretation – If any dispute or question arises relating to the applicability or interpretation of these Rules, the decision of the Chief Justice-cum-Patron-in- Chief shall be final.

22. Application of other Rules and Acts:- In regard to matters not specifically covered by these Rules or by Regulations or orders made or issued thereunder, or by special orders, the members of the Service shall be governed by the Rules, Regulations and orders applicable to the other State Government Employees in general in so far as they are not inconsistent with, or repugnant to these Rules.

23. Savings:- Any act done or any action taken prior to coming into force of these Rules shall be deemed to have been done or taken under the corresponding provisions of these Rules.

SCHEDULE -I

Gazetted / Non-Gazetted Class C and D Posts

(Sources, qualifications and methods of recruitment)

Part-I

Promotional Hierarchy in Judicial Academy Jharkhand ( Non Judicial)

Under Secretary Pay scale of Rs. 15600-39100 Grade pay 6600/- on the basis of Seniority with 6 years Experience in the Scale of 9300-34800, G.P. 4800/-

Section Officer Sr. Accountant

By Promotion from the post of Assistant or 8 years experience in the scale of 9300 – 34800 with Grade Pay 4600

By Promotion from the post of Accountant with a scale of Rs. 9300- 34800 Grade pay 4200/- , who have rendered service not less than 6 years of service / 15 year of service in the post of accountant with scale of 5200-20200 Grade Pay Rs. 2400/-

Assistant Accountant –cum-Budget Planner

By direct recruitment with a Pay Scale Rs. 9300 –

By Promotion on the basis of seniority from the post of

34800 with Grade Pay 4600 or by promotion from Hostel Superintendent who have rendered service not

Accountant with a Pay Scale Rs. 5200 - 20200 with Grade Pay 2400, who have rendered not less than five years of

service

less than 6 years of service 75% from direct recruitment and 25% from promotion

Hostel Superintendent Accountant

By Direct Recruitment

Direct recruitment with a scale of Rs. 5200 – 20200 with Grade Pay of Rs. 2400, If employee is B.Com with

Advance Accountancy and Auditing the Pay Scale will be 9300 – 34800 with Grade of Rs. 4200 vide resolution

No. 660/F dt. 28/2/200914 Jharkhand Gazette (Extraordinary), Monday, 30th October, 2023

Part-II

Promotional Hierarchy in Judicial Academy Jharkhand ( Non Judicial)

Senior Librarian Pay scale of Rs. 9300-34800 Grade pay 4600/- on the basis of Seniority with 6 years Experience in the Scale of 9300-34800,

G.P. 4200/-

Librarian

By direct recruitment in the scale of 9300 – 34800 with Grade

Pay 4200 or by promotion from the post Assistant Librarian with a Pay Scale Rs.5200 – 20200 with Grade Pay 2400, who

have rendered not less than ten years of service

Assistant Librarian

Direct recruitment with a Pay scale 5200 – 20200 with Grade Pay 240015 Jharkhand Gazette (Extraordinary), Monday, 30th October, 2023

Part-III

Upper Division Clerk Pay scale of Rs. 5200-20200 Grade pay 2400/- on the basis of Seniority with 8 Years Experience in the Scale of

5200-20200, G.P. 1900/-

Computer Operator Upper Division Clerk Driver

By direct recruitment By direct recruitment By Promotion from L.D.C. (Bill clerk, Storekeeper and Junior Receptionist with experience of 8 years)

Bill Clerk (LDC) Store Keeper Junior Receptionist

Direct recruitment or Promotion

By direct recruitment By direct recruitment from corresponding lower scale 75% from direct recruitment

and 25% from promotion.

Treasury Sarkar Peon

By direct recruitment

By direct recruitment

Promotional Hierarchy in Judicial Academy Jharkhand (Non Judicial)

Principal Private Secretary Pay scale of Rs. 15600-39100 Grade pay 6600/- on the basis of Seniority with 6 years Experience on the post of Private

Secretary

Private Secretary

By Promotion on the basis of Seniority of the post of Personal Assistant who have rendered not less than 2 years of service

Personal Assistant

By promotion through (a)limited exam on the basis of Shorthand and typewriting test with minimum speed of 100 WPM and 40 WPM respectively (only 5 % error is permissible) from the stenographers 1/3 of the next promotional post on completion of 5 years Or (b) 2/3 By routine Promotion with experience of 15 years in PB 2400

Stenographer

Direct Recruitment

24. The Judicial Academy Jharkhand Officers and Staff (Appointment and Conditions of Service) Rules, 2023 has been approved by the Cabinet in its meeting dated 18.10.2023 vide item no.-4.

(File No.-B10/Vidhi-Stha-10/2020-2415 /J.)

By order of the Governor of Jharkhand

Nalin Kumar, Principal Secretary-cum-L.R. Law Department Government of Jharkhand, Ranchi

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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi. Jharkhand Gazette (Extraordinary) 642 -- 50.