REGISTERED NO. PT.-40

The Bihar Gazette

The Bihar Gazette

The Bihar Gazette

The Bihar Gazette

EXTRA ORDINARY

PUBLISHED BY AUTHORITY

22 PAUSHA 1942(S)

(NO.PATNA 35) PATNA, TUESDAY, 12TH JANUARY 2021

High Court of Judicature at Patna

———

Notification

12th January 2021

THE PATNA HIGH COURT OFFICERS AND STAFF (RECRUITMENT,

APPOINTMENT, PROMOTION AND OTHER CONDITIONS OF SERVICE AND

CONDUCT) RULES, 2021

No. 26 (R).—In exercise of the powers conferred by clause (2) of Article 229 of the

Constitution of India, the Chief Justice of the High Court of Judicature at Patna makes the

following rules with respect to the conditions of service of persons serving in the

establishment of High Court of Judicature at Patna.

PART I

Short Title, Date of Commencement and Definitions

1. Short Title and Date of Commencement.—

(i)

These rules may be called the Patna High Court Officers and Staff

(Recruitment, Appointment, Promotion and other Condition of Service

and Conduct) Rules, 2021.

(ii)

They shall apply to all officers and other members of the establishment

of the High Court.

(iii)

They shall come into force with effect from the date of publication in the

official Gazette.

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BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

2. Definitions.—In these rules, unless the context otherwise, requires:-

(a)

‘Board’ means any recognized institution, conducting examination upto

intermediate standards 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 High Court of Judicature of

Patna.

(c)

‘Citizen of India’ means a person who is or is deemed to be citizen of

India under Part II of the Constitution.

(d)

‘Commission’ means the Bihar Public Service Commission.

(e)

‘Constitution’ means the Constitution of India.

(f)

‘Court’ means the High Court of Judicature at Patna.

(g)

‘Direct Recruitment’ means recruitment on the basis of competitive

examination held by ‘Establishment Committee’/ ‘Committee’ of the

Court constituted by the Chief Justice from time to time.

(h)

‘Establishment’ means the establishment of the High Court of

Judicature at Patna.

(i)

‘Committee’ means the High Court Establishment Committee of Puisne

Judges of the Court constituted by the Chief Justice from time to time.

(j)

‘Government’ means the Central Government or the Government of

Bihar, as the case may be.

(k)

‘Governor’ means the Governor of the State of Bihar.

(l)

‘J.A.D’ means the Judge, Administrative Department I & II as

mentioned in Rule 1 in Chapter I, Part - I of the Patna High Court Rules,

1916.

(m)

‘Limited Competitive Examination’ means a limited competitive

examination held by ‘Establishment Committee’ of the Court constituted

by the Chief Justice from time to time for filling up various Group – B

& Group – C posts from amongst the serving Members of the

Establishment.

(n)

‘Level’ means pay level for different categories of post as per F.D.

Resolution no.3590 Dated24.05.2017 of the State Government.

(o)

‘Member of the Establishment’ means a person appointed in accordance

with these rules or orders in force prior to the commencement of these

rules.

(p)

‘Officer of the Registry’ means Officers of Bihar Superior Judicial

Service, Bihar Judicial Service and officers of Group – A of the

establishment of the Court.

(q)

‘Officer’ means Officers of Group – B of the establishment of the

Court, as per Classification of posts notified by the State Government.

(r)

‘Staff’ means Group – B (wherever applicable) and Group - C

employees of the Court.

(s)

‘Registrar General’ means the Registrar General of the Court.

(t)

‘Registrar (Establishment)’ means the Registrar (Establishment) of the

Court.

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BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

(u)

‘Registrar (Recruitment & Appointment)’ means the Registrar

(Recruitment) of the Court.

(v)

‘Staffing Pattern’ means Staffing Pattern approved by the Chief Justice

framing separate promotional hierarchy for the cadres of Assistant,

Personal Assistant, Translator, Librarian, Staff Car Driver and/or Cadre

for any other posts, including required sanctioned strength of different

categories of posts in the establishment of the Court.

(w)

‘University’ means any University established under law in India or any

other University/ Institution which is declared by the Chief Justice to be

a University for the purpose of these rules.

(x)

‘Year of Recruitment’ means the calendar year.

PART II

3.

Strength of the Officers of the Registry on deputation from Bihar Superior

Judicial Service, Bihar Judicial Service.—

Sl.

No.

Nomenclature / Classification of post

Mode of

Appointment

1.

Registrar General

By way of deputation of

Officers of the Bihar Superior

Judicial Service of the rank of

District and Sessions Judge.

2.

Registrar (Vigilance)

3.

Registrar (Administration)

4.

Registrar (Appointment)

5.

Registrar (IT)-cum-CPC

6.

Joint Registrar (Judicial)

By way of deputation of

Officers of the Bihar Superior

Judicial Service of the rank of

Additional

District

and

Sessions Judge.

7.

Joint Registrar (Establishment)

8.

Officer-on-Special Duty

9.

Joint Registrar (List)

10.

Additional Registrar

(Juvenile Justice Secretariat)

11.

Officer-on-Special Duty (Computerization)

By way of deputation of

Officers of the Bihar Judicial

Service of the rank of Civil

Judge (Sr. Division).

12.

Officer-on-Special Duty (Infrastructure)

13.

Member Secretary, Bihar State Court

Management System Committee

14.

Research Officer (Juvenile Justice Secretariat)

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BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

PART III

Staffing Pattern of the Establishment

4. Staffing Pattern of the Establishment.—

(i)

There shall be a ‘Staffing Pattern’ providing separate promotional

hierarchy for the existing cadres of (i) Assistant’s Cadre, (ii) Personal

Assistant’s Cadre, (iii) Translator’s Cadre, and formation of new cadres

viz., (iv) Library Cadre, (v) Miscellaneous Cadre and (vi) Staff Car

Driver’s Cadre, with sanctioned strength for each cadre, besides different

categories of Ex-Cadre posts and other Group – C posts approved by the

Chief Justice.

(ii) The number of permanent posts of the various categories in the

establishment of the Court as per ‘Staffing Pattern’ shall be such as may

be determined by the Chief Justice from time to time with the approval of

the Governor.

(iii) The Chief Justice may, from time to time, create such temporary posts as

may be considered expedient in the interest of Court’s administration with

approval of the Governor.

(iv) The Chief Justice may appoint such number of employees as may be

necessary for the proper working of the Court within the budgetary

provision.

(v)

The Chief Justice may leave unfilled or may hold in abeyance any vacant

post, without entitling any person to compensation.

5. Appointing Authority.—

(i)

The Chief Justice shall be the Appointing Authority for all Officers of

Group - A and B posts (Level – 9 & above) mentioned in the ‘Staffing

Pattern’ for the establishment of the Court.

(ii) The Registrar General shall be the Appointing Authority for appointments

of all staff of Group – B and C posts, including those engaged on daily

wages. He will, however, make such appointment with prior approval of

the Chief Justice.

PART IV

6. Sources, Qualification and Mode of Appointment for all Group – A, B & C

posts as per ‘Staffing Pattern’.—

(A) The mode of appointment, promotion & recruitment to Group – A & B posts of

Assistant’s Cadre in the establishment of the Court as per ‘Staffing Pattern’

shall be as follows :-

Sl.

No.

Nomenclature/

Classification of post

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling

up the post

1.

Registrar

(Establishment)

(Group – A)

By selection for appointment

on promotion from amongst

the eligible Joint Registrars

from Assistant’s Cadre on the

basis of seniority-cum-merit.

(i) Graduation in any discipline

from a recognised University /

Institution.

(ii) Satisfactory Service of one year

on the post of Joint Registrar.

(iii) Interview.

2.

Registrar (Recruitment

& Appointment)

(Group – A)

By selection for appointment

on promotion from amongst

the eligible Joint Registrars

from Assistant’s Cadre on the

(a) Graduation in any discipline

from a recognised University /

Institution

5

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature/

Classification of post

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling

up the post

basis of seniority -cum-merit.

(b) Satisfactory Service of one year

on the post of Joint Registrar

(c) Interview

3.

Joint Registrar

(Group – A)

By selection for appointment

on promotion from amongst

the eligible Deputy Registrars

of Assistant’s Cadre on the

basis of seniority -cum-merit.

(a) Graduation in any discipline

from a recognised University /

Institution.

(b) Satisfactory Service of at least

one year on the post of Deputy

Registrar.

(c) Interview.

4.

Deputy Registrar

(Group – A)

By appointment on promotion

from amongst the eligible

Assistant

Registrars

of

Assistant’s Cadre on the basis

of seniority-cum-merit.

(a) Graduation in any discipline

from a recognized University /

Institution.

(b) Satisfactory Service of at least

one year on the post of Assistant

Registrar

(c) Interview.

5.

Assistant Registrar

(Group – A)

By appointment on promotion

from amongst the eligible

Section

Officers/

Court

Officer on the

basis of

seniority-cum-merit.

(a) Graduation in any discipline

from a recognised University /

Institution.

(b) Satisfactory Service of at least

two years on the post of Section

Officer.

(c) Interview.

6.

Section Officer

(Group – B)

By appointment on promotion

from amongst the eligible

Assistants on the basis of

seniority-cum-merit.

(a) Graduation in any discipline

from a recognised University/

Institution.

(b) Satisfactory Service of at least 08

years on the post of Assistant.

(c) Written test (qualifying marks of

40%).

(d) Computer Proficiency Test.

(e) Interview.

7.

Court Officer

(Group – B)

By deputation from amongst

the eligible Section Officers

in the establishment of the

Court.

(a) Graduation in any discipline

from a recognised University /

Institution.

(b) Satisfactory Service.

(c) Interview by the Chief Justice

8.

Assistant

(Group – B)

(i) By Direct Recruitment

75%

vacancies

of

a

calendar year.

(a) Graduation in any discipline

from a recognised University /

Institution.

(b) Diploma/ Certificate of at least

six month’s course in Computer

Application from a recognised

Institution.

(c) Written Test.

(d) Computer Proficiency Test.

(e) Interview.

6

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature/

Classification of post

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling

up the post

(ii) Through

Limited

Competitive Test

25%

vacancies

of

a

calendar year shall be

filled

up

by

way

of

appointment from amongst

the following categories of

posts:-

(a) Cashier,

(b) Data Entry Operator,

(c) Assistant Cashier,

(d) Assistant Court Officer,

(e) Head Typist,

(f) Foreman

(Motor

Car

Garage)

(g) Ex-Cadre Assistant,

(h) Computer

Operator-

cum-Typist,

(i) Protocol Assistant,

(j) Photocopier

Machine

Operator/

U.B.I.X.

Operator,

(k) P.B.X. Operator,

(l) Treasury Sarkar.

(a) Graduation in any discipline

from a recognised University /

Institution.

(b) Three years regular satisfactory

service.

(c) Written Test.

(d) Computer Proficiency Test.

(e) Interview.

(B) The mode of appointment, promotion & recruitment to Group - A, B & C posts

of Personal Assistant’s Cadre in the establishment of the Court as per ‘Staffing

Pattern’ shall be as follows:-

Sl.

No.

Nomenclature /

Classification of

posts

Mode of Appointment

Minimum Qualification/

Eligibility Conditions/ Procedure

for filling up the post

1.

Registrar-cum-

Principal

Private

Secretary

to

the

Chief Justice

(Group – A)

By selection from amongst the

eligible Officers of Personal

Assistant’s Cadre holding the

post of Joint Registrar on the

basis of seniority-cum-merit

Or

By selection from amongst the

eligible

Joint

Registrar-cum-

Additional

Principal

Private

Secretaries

from

Personal

Assistant’s Cadre on the basis of

seniority-cum-merit.

(a) Graduation in any discipline

from a recognised University/

Institution.

(b) Satisfactory Service of one year

on the post of Joint Registrar or

Joint Registrar-cum-Additional

Principal Private Secretary.

(c) Interview by the Chief Justice.

2.

Joint Registrar-cum-

Additional Principal

Private Secretary

(Group – A)

By appointment from amongst

the eligible Officers of Personal

Assistant’s Cadre holding the

post of Joint Registrar on the

basis of seniority-cum-merit

Or

By selection for appointment on

promotion from amongst eligible

(a) Graduation in any discipline

from a recognised University /

Institution.

(b) Satisfactory Service of one year

on the post of Deputy Registrar

or Deputy Registrar-cum-Senior

Secretary.

(c) Interview

7

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of

posts

Mode of Appointment

Minimum Qualification/

Eligibility Conditions/ Procedure

for filling up the post

Deputy Registrars of Personal

Assistant’s Cadre on the basis of

seniority-cum-merit

Or

By selection for appointment on

promotion from amongst the

eligible Deputy Registrar-cum-

Senior Secretaries of Personal

Assistant’s cadre on the basis of

seniority-cum-merit.

3.

Deputy

Registrar-

cum-Senior

Secretary

(Group – A)

By appointment from amongst

the eligible Officers of Personal

Assistant’s Cadre holding the

post of Deputy Registrar on the

basis of seniority-cum-merit

Or

By selection for appointment on

promotion

from

amongst

Assistant

Registrar

from

Personal Assistant’s Cadre on

the basis of seniority-cum-merit.

Or

By selection for appointment on

promotion from amongst the

eligible Assistant Registrar-cum-

Secretary to Puisne Judge on the

basis of seniority-cum-merit.

(a) Graduation in any discipline

from a recognised University /

Institution.

(b) Satisfactory Service of one year

on

the

post

of

Assistant

Registrar or Assistant Registrar-

cum-Secretary to Puisne Judge.

(c) Interview

4.

Assistant Registrar-

cum- Secretary to

Puisne Judge

(Group – A)

By appointment from amongst

the eligible Officers of Personal

Assistant’s Cadre holding the

post of Assistant Registrar on the

basis of seniority-cum-merit

Or

By selection for appointment on

promotion from amongst the

eligible

Senior

Personal

Assistant

from

Personal

Assistant’s Cadre on the basis of

seniority-cum-

merit

in

the

establishment of the Court.

(a) Graduation in any discipline

from a recognised University /

Institution.

(b) Satisfactory Service of two

years on the post of Senior

Personal Assistant

(c) English

shorthand-computer

typing test with minimum speed

of 120 words per minute for

480 words only i.e. at the rate of

120 w.p.m. for 4 minutes and

24 minutes for its transcription

with error not exceeding 7%(for

Senior Personal Assistant only).

(d) Interview.

5.

Senior

Personal

Assistant

(Group – B)

By selection for appointment on

promotion from amongst the

eligible Personal Assistant on the

basis of seniority-cum- merit in

the establishment of the Court.

(a) Graduation in any discipline

from a recognised University/

Institution.

(b) Satisfactory Service of four

years on the post Personal

Assistant

(c) English

shorthand-computer

typing test with minimum speed

of 110 words per minute for 440

8

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of

posts

Mode of Appointment

Minimum Qualification/

Eligibility Conditions/ Procedure

for filling up the post

words only i.e. at the rate of 110

w.p.m. for 4 minutes and 22

minutes for its transcription

with error not exceeding 10%.

(d) Interview.

6.

Personal Assistant

(Group – B)

(i) By Direct Recruitment

50% vacancies of a calendar

year.

(a) Graduation in any discipline

from a recognised University/

Institution.

(b) Certificate of English Shorthand

and English Typing having

required minimum speed, from

a recognised institution.

(c) Diploma/ Certificate of at least

six

month’s

Course

in

Computer Application from a

recognised institution.

(d) (i) English shorthand-computer

typing test with speed of 100

words per minute for 400 words

only i.e. at the rate of 100

w.p.m. for 4 minutes and 20

minutes for its transcription

along with 10 minutes for

revision

of

shorthand

immediately after dictation.

(ii) English Typing test with

speed of 40 words per minute.

(e) Written Test.

(f) Interview.

Qualifying Standard –

85% in English Shorthand-

Typing

90% in English Typing

40% in Objective Written Test

as prescribed by the Committee.

30% in Interview.

Decision for relaxation, if any

required in Qualifying Standard

except ‘Interview’, may be

taken by the Chief Justice in the

interest of the Court.

(ii) Through

Limited

Competitive Test

50% vacancies of a calendar

year shall be filled up from

amongst

the

eligible

Stenographers.

(a) Graduation in any discipline

from a recognised University /

Institution.

(b) Three years regular satisfactory

Service

on

the

post

of

Stenographer.

9

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of

posts

Mode of Appointment

Minimum Qualification/

Eligibility Conditions/ Procedure

for filling up the post

(c) (i) English shorthand-computer

typing test with speed of 100

words per minute for 400 words

only i.e. at the rate of 100

w.p.m. for 4 minutes and 20

minutes for its transcription

along with 10 minutes for

revision

of

shorthand

immediately after dictation.

(ii) English Typing test with

speed of 40 words per minute.

(d) Interview.

Qualifying Standard –

85% in English Shorthand-

Typing

90% in English Typing

30% in Interview.

Decision for relaxation, if any

required in the interest of the

Court, in Qualifying Standard

except ‘Interview’ may be taken

by the Chief Justice in the

interest of the Court.

7.

Stenographer

(Group – C)

By Direct Recruitment.

(a) Intermediate (12th Passed) from

a recognised Board/ University

(b) Certificate of English Shorthand

and English Typing from a

recognised institution.

(c) Diploma/ Certificate of at least

six month’s Course in computer

Application from a recognised

institution.

(d) (i) English shorthand-computer

typing test with speed of 80

words per minute for 320 words

only i.e. at the rate of 80 w.p.m.

for 4 minutes and 15 minutes

for its transcription along with 7

minutes

for

revision

of

shorthand

immediately

after

dictation.

(ii) English Typing test with

speed of 40 words per minute.

(e) Written Test.

(f) Interview.

10

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of

posts

Mode of Appointment

Minimum Qualification/

Eligibility Conditions/ Procedure

for filling up the post

Qualifying Standard –

85% in English Shorthand-

Typing

90% in English Typing

40% in Objective Written Test

as prescribed by the Committee.

30% in Interview.

Decision for relaxation, if any

required in Qualifying Standard

except ‘Interview’, may be

taken by the Chief Justice in the

interest of the Court.

(C) The mode of appointment, promotion & recruitment to Group – A, B & C

posts of Translator’s Cadre in the establishment of the Court as per ‘Staffing

Pattern’ shall be as follows :-

Sl.

No.

Nomenclature /

Classification of posts

Mode of

Appointment

Minimum Qualification/

Eligibility Conditions/

Procedure for filling up the post

1.

Joint Registrar

(Translation)

(Group – A)

By appointment from amongst

eligible

Officers

of

Translator’s Cadre holding the

post of Joint Registrar on the

basis of seniority-cum-merit.

Or

By appointment from amongst

eligible

Officers

of

Translator’s Cadre holding the

post of Deputy Registrar on

the basis of seniority-cum-

merit.

Or

By appointment on promotion

from amongst the eligible

Deputy

Registrars

(Translation) from Translator’s

Cadre on the basis of seniority

-cum-merit.

(a) Graduation in any discipline

from a recognised University

/ Institution

(b) Satisfactory Service of one

year on the post of Deputy

Registrar or Deputy Registrar

(Translation)

(c) Interview.

2.

Deputy Registrar

(Translation)

(Group – A)

By appointment from amongst

eligible

Officers

of

Translator’s Cadre holding the

post of Deputy Registrar on

the basis of seniority-cum-

merit.

Or

By selection for appointment

on promotion from amongst

(a) Graduation in any discipline

from a recognised University

/ Institution

(b) Satisfactory Service of one

year on the post of Assistant

Registrar

or

Assistant

Registrar (Translation).

(c) Interview.

11

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of posts

Mode of

Appointment

Minimum Qualification/

Eligibility Conditions/

Procedure for filling up the post

eligible

Officers

of

Translator’s Cadre holding the

post of Assistant Registrar on

the basis of seniority-cum-

merit.

Or

By appointment on promotion

from amongst the eligible

Assistant

Registrars

(Translation) on the basis of

seniority-cum-merit.

3.

Assistant Registrar

(Translation)

(Group – A)

By appointment from amongst

eligible

Officers

of

Translator’s Cadre holding the

post of Assistant Registrar on

the basis of seniority-cum-

merit.

Or

By appointment on promotion

from amongst the eligible

Translation

Officers

of

Translator’s Cadre on the basis

of seniority -cum-merit.

(a) Graduation in any discipline

from a recognised University

/ Institution

(b) Satisfactory Service of two

years

on

the

post

of

Translation Officer.

(c) Interview.

4.

Translation Officer

(Group – B)

By appointment on promotion

from amongst the eligible

Translators on the basis of

seniority-cum-merit

in

the

establishment of the Court.

(a) Graduation from a recognised

University/ Institution

(b) Satisfactory Service of four

years

on

the

post

of

Translator

(c) By qualifying the Written

Test

of

Translation

from

Hindi to English and vice-

versa

(d) Computer Proficiency Test

(e) Interview.

5.

Translator

(Group – B)

By Direct Recruitment

(a)

Graduation with English as

one of the subject from a

recognized University.

(b) Diploma/ Certificate of at

least six month’s course in

Computer Application from a

recognised Institution.

(c) Preference will be given to

Post-graduate candidates in

English/ Hindi

(d) Preference will be given to

the

candidates

having

knowledge of Urdu/ Bangla/

Kaithi.

(e) Written Test.

(f) Computer Proficiency Test.

12

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of posts

Mode of

Appointment

Minimum Qualification/

Eligibility Conditions/

Procedure for filling up the post

(g) Interview.

(D) The mode of appointment, promotion & recruitment to Group – A & B posts of

‘Bench Secretary Cadre’ in the establishment of the Court notified vide

‘Notification no. 42 (R)/2020 Dated 18/02/2020’ shall be as follows:

Sl.

No.

Nomenclature /

Classification of posts

Mode of

Appointment

Minimum Qualification/

Eligibility Conditions/

Procedure for filling up the post

1.

Bench Secretary

(Special Grade)

By selection for appointment

on promotion from amongst

eligible

Bench

Secretaries

(Grade-II) on the basis of

seniority-cum-merit.

(a) Graduation in any discipline

from a recognised University/

Institution

(b) Continuous

Satisfactory

Service of two years on the

post

of

Bench

Secretary

(Grade-II).

(c) Interview.

2.

Bench Secretary

(Grade-II)

By appointment on promotion

from amongst eligible Bench

Secretaries (Grade-I) on the

basis of seniority-cum-merit.

(a) Graduation in any discipline

from a recognised University/

Institution

(b) Continuous

Satisfactory

Service of three years on the

post

of

Bench

Secretary

(Grade-I).

(c) Interview.

3.

Bench Secretary

(Grade-I)

By appointment on promotion

from amongst eligible Bench

Secretaries (Basic Grade) on

the basis of seniority-cum-

merit.

(a) Graduation in any discipline

from a recognised University/

Institution

(b) Continuous

Satisfactory

Service of five years on the

post

of

Bench

Secretary

(Basic Grade).

(c) Interview.

4.

Bench Secretary

(Basic Grade)

(i)

By Direct Recruitment

50%

vacancies

of

a

calendar year.

(a) Graduation in any discipline

from a recognised University/

Institution.

(b) Diploma/ Certificate course of

at

least

six

months

in

computer application from an

institution recognized by the

Government.

(c) Preference shall be given to

the candidates possessing a

Law Degree.

(d) Written Test.

(e) Interview.

(ii) Through

Limited

Competitive Test

50%

vacancies

of

a

calendar year shall be

filled up from amongst

(a) Graduation in any discipline

from a recognised University/

Institution.

(b) Continuous

Satisfactory

Service of at least five years

on

the

post

of

Bench

Secretary (Basic Grade).

13

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of posts

Mode of

Appointment

Minimum Qualification/

Eligibility Conditions/

Procedure for filling up the post

eligible Assistants of the

Court on the basis of

merit-cum-seniority.

(c) Preference shall be given to

the candidates possessing a

Law Degree.

(d) Written Test.

(e) Interview.

Note:- The matters not covered under the ‘The Bench Secretary (Recruitment) Rules,

2020’ shall be governed by the provisions of the Patna High Court Officers

and Staff (Recruitment, Appointment, Promotion and other Condition of

Service and Conduct) Rules, 2021 in respect of cadre of Bench Secretary.

(E)

The mode of appointment, promotion & recruitment to Group – A, B & C

posts of Library Assistant’s Cadre in the establishment of the Court as per

‘Staffing Pattern’ shall be as follows :-

Sl.

No.

Nomenclature /

Classification of

posts

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling up

the post

1.

Principal Librarian

(Group – A)

By

appointment

on

promotion

from

Senior

Librarian.

(a) Graduate with Degree in Library

Science/ Library & Information

Science

from

a

recognised

University/ Institution.

(b) Satisfactory Service of at least one

year on the post of Senior Librarian.

(c) Interview.

2.

Senior Librarian

(Group – B)

By

selection

for

appointment on promotion

from amongst Librarians

on the basis of seniority-

cum-merit.

(a) Graduate with Degree in Library

Science/ Library & Information

Science

from

a

recognised

University/ Institution

(b) Satisfactory Service of at least one

year on the post of Librarian.

(c) Interview.

3.

Librarian

(Group – B)

By

selection

for

appointment on promotion

from amongst Assistant

Librarians on the basis of

seniority-cum-merit

and,

in case suitable candidate

is not available, by direct

recruitment.

(a) Graduate with Degree in Library

Science/ Library & Information

Science

from

a

recognised

University/

Institution

having

experience in service in High Court

or Central/

State

Govt.

aided

Library or institution with status of

a National/State Archives or reputed

Library. Preference will be given to

Law Graduate.

(b) Diploma/ Certificate of at least six

month’s

Course

in

Computer

Application

from

recognised

Institution.

(c) In

case

of

Promotion

(i)

Satisfactory Service of four years on

the post of Assistant Librarian.

(ii)Computer Proficiency Test.

(iii) Interview.

(d) In case of Direct Recruitment

14

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of

posts

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling up

the post

(i) Written Test.

(ii)Computer Proficiency Test.

(iii) Interview.

4.

Assistant Librarian

(Group – C)

By

selection

for

appointment on promotion

from

amongst

Library

Assistant on the basis of

seniority-cum- merit

and,

in case suitable candidate

is not available, by direct

recruitment.

(a) Graduate with Degree in Library

Science/ Library & Information

Science

from

a

recognised

University/ Institution

(b) Diploma/ Certificate of at least six

month’s

Course

in

Computer

Application

from

recognised

Institution.

(c) In

case

of

Promotion

(i)

Satisfactory Service of five years on

the post of Library Assistant.

(ii) Written Test.

(iii) Computer Proficiency Test.

(iv) Interview.

(d) In case of Direct Recruitment

(i) Written Test.

(ii) Computer Proficiency Test.

(iii) Interview.

5.

Library Assistant

(Group – C)

By Direct Recruitment

(a) Intermediate in any discipline from

a recognised Board/ University/

Institution.

(b) Diploma

in

Library

Science/

Library & Information Science from

a recognised Institution.

(c) Diploma/ Certificate of at least six

month’s

Course

in

Computer

Application

from

recognised

Institution.

(d) Written Test.

(e) Computer Proficiency Test.

(F)

The mode of appointment, promotion & recruitment to Group – A, B & C

posts of Miscellaneous Cadre in the establishment of the Court as per

‘Staffing Pattern’ shall be as follows:-

Sl.

No.

Nomenclature /

Classification of

posts

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling up

the post

1.

Assistant Registrar-

cum-Secretary

to

the Chief Justice

(Group – A)

By

deputation

from

amongst

the

eligible

Assistant Registrars in the

establishment of the Court.

(a) Graduation in any discipline from a

recognised University/ Institution

(b) Satisfactory Service of one year on

the post of Assistant Registrar.

(c) Interview by the Chief Justice.

2.

Budget Officer

(Group – B)

By

selection

for

appointment from amongst (a) Graduate

in

Commerce/

Accountancy from a recognised

15

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of

posts

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling up

the post

eligible Assistant Budget

Officer on the basis of

seniority-cum-merit

and,

in case suitable candidate

is not available, by direct

recruitment.

University / Institution

(b) Diploma/ Certificate of at least six

month’s

Course

in

Computer

Application

from

recognised

Institution.

(c) In case of Promotion

(i) Satisfactory Service of four years

on the post of Assistant Budget

Officer

(ii) Written Test

(iii)Computer Proficiency Test

(iv) Interview

(d) In case of direct Recruitment

(i) Three years’ experience in the

work of budgeting/ accountancy.

(ii) Written Test

(iii)Computer Proficiency Test

(iv) Interview.

3.

Assistant

Budget

Officer

(Group – B)

By direct recruitment

(a) Graduate

in

Commerce/

Accountancy from a recognised

University / Institution

(b) Diploma/ Certificate of at least six

month’s Course in Computer

Application from recognised

Institution

(c) Two years’ experience in the work

of budgeting/ accountancy

(d) Written test

(e) Computer Proficiency Test

(f) Interview.

4.

Cashier

(Group – B)

By selection from amongst

eligible Assistant Cashiers

on the basis of seniority-

cum-merit

in

the

establishment of the Court

and,

in case suitable candidate

is not available, by direct

recruitment.

(a) Graduate

in

Commerce/

Accountancy/ Mathematics from a

recognised University/ Institution

(b) Diploma/ Certificate of at least six

month’s

Course

in

Computer

Application

from

recognised

Institution

(c) Two years’ experience in the related

field.

(d) In case of Promotion (i)

Satisfactory Service of two years on

the post of Assistant Cashier.

(ii) Written Test

(iii) Computer Proficiency Test

(iv) Interview

(e) In case of Direct Recruitment

(i) Written Test

16

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of

posts

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling up

the post

(ii)Computer Proficiency Test

(iii) Interview.

5.

Assistant Cashier

(Group – C)

By Direct Recruitment.

(a) Graduate

in

Commerce/

Accountancy/ Mathematics/ from a

recognised University/ Institution

(b) Diploma/ Certificate of at least six

month’s

Course

in

Computer

Application

from

recognised

Institution

(c) Written Test

(d) Computer Proficiency Test

(e) Interview.

6.

Foreman

(Motor Car Garage)

By Direct Recruitment.

(a) Intermediate (12th Passed) from a

recognised Board/ University

(b) Certificate in Mechanic (Motor

Vehicles) trade from an Industrial

Training Institute recognised by

NCVT/ SCVT.

(c) Two years’ experience in relevant

field.

(d) Written Test

(e) Interview.

(G)

The mode of appointment, promotion & recruitment to Group – B & C posts of

Staff Car Driver in the establishment of the Court as per ‘Staffing Pattern’ shall

be as follows:-

Sl.

No.

Nomenclature /

Classification of posts

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling up

the post

1.

Staff Car Driver

(Special Grade)

(Group – B)

By promotion from amongst

Staff Car Drivers

(Grade - I) on the basis of

seniority-cum-merit.

(a) 8th Passed from a recognised

Board or Institution.

(b) Satisfactory Service of Six

years.

2.

Staff Car Driver

(Grade – I)

(Group – C)

By promotion from amongst

Staff Car Drivers

(Grade - II) on the basis of

seniority-cum-merit.

(a) 8th Passed from a recognised

Board or Institution.

(b) Satisfactory Service of Five

years.

3.

Staff Car Driver

(Grade – II)

(Group – C)

By promotion from amongst

Staff Car Drivers

(Basic Grade) on the basis

of seniority-cum-merit.

(a) 8th Passed from a recognised

Board or Institution.

(b) Satisfactory Service of Eight

years.

17

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of posts

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling up

the post

4.

Staff Car Driver

(Basic Grade)

(Group – C)

By

selection

for

appointment from Regular

Mazdoors

having

satisfactory service of three

years in this Court.

In case suitable candidate is

not

available,

by

direct

recruitment.

(a) 8th Passed from a recognised

Board or Institution.

(b) Valid Driving License

(c) Three

years’ experience

in

Driving

(d) Driving Skill Test.

(H)

The mode of appointment, promotion & recruitment to other Ex-Cadre Group –B

& C posts in the establishment of the Court as per ‘Staffing Pattern’ shall be as

follows:-

Sl.

No.

Nomenclature /

Classification of

posts

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling up

the post

1.

Ex-Cadre Assistant

(Group – C)

A. By Direct Recruitment

50% vacancies in a

calendar year.

(a) Graduation in any discipline from

a

recognised

University/

Institution.

(b) Diploma/ Certificate of at least six

month’s

Course

in

Computer

Application

from

recognised

Institution.

(c) Written Test.

(d) Computer Proficiency Test.

(e) Interview.

B. Through

Limited

Competitive Test

50 % of the vacancies

in a calendar year from

eligible Group-C Staff

(Level-1 to Level-3)of

the establishment.

(a) Graduation in any discipline

from a recognised University/

Institution.

(b) Two years’ Satisfactory Service.

(c) Knowledge of Computer

(d) Written Test

(e) Computer Proficiency Test

(f) Interview.

2.

Computer

Operator-

cum-Typist

(Group – C)

A. By direct recruitment

50 % vacancies in a

calendar year.

(a)

Graduation in any discipline

from a recognised University/

Institution.

(b)

Diploma/ Certificate of at least

six month’s course in Computer

Application

(c)

Certificate

in

Typing

proficiency of 40 words per

minute in English and 30 words

per minute in Hindi.

(d)

Written test and Computer

Typing Test (English & Hindi)

(e)

Interview.

Through

Limited

Competitive Examination

50 % of the vacancies in a

(a) Graduation in any discipline from

a

recognised

University/

Institution.

18

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of

posts

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling up

the post

calendar year from eligible

Group-C Staff (Level-1 to

Level-3)

of

the

establishment.

(b) Two years’ Satisfactory Service

(c) Knowledge

of

Computer

Application

(d) Typing proficiency of 40 words

per minute in English & 30 words

per minute in Hindi.

(f) Written test and Computer Typing

Test (English & Hindi)

(g) Interview.

3.

Assistant Court

Officer

(Group – C)

By

selection

for

appointment from amongst

eligible

Group-C

Staff

(Level-1 to Level-3) of the

establishment.

In case suitable candidate

as mentioned above is not

available,

from

amongst

eligible Regular Mazdoor.

(a) Intermediate (12th Passed) from a

recognised Board/ University

(b) Two years’ satisfactory service.

(c) Knowledge of Computer

(d) Written Test

(e) Computer Proficiency Test.

(f) Interview.

4.

Protocol Assistant

(Group – C)

By

selection

for

appointment from amongst

eligible

Group-C

Staff

(Level-1 to Level-3) of the

establishment.

In case suitable candidate

as mentioned above is not

available,

from

amongst

eligible Regular Mazdoor.

(a) Intermediate (12th Passed) from a

recognised Board/ University

(b) Two years’ experience of Protocol

and allied works

(c) Two years’ satisfactory service.

(d) Interview.

5.

Photocopier Machine

Operator / UBIX

Operator

(Group – C)

By

selection

for

appointment from amongst

eligible

Group-C

Staff

(Level-1 to Level-3) of the

establishment.

In case suitable candidate

as mentioned above is not

available,

from

amongst

eligible Regular Mazdoor.

(Due regard shall be given

to total length of service/

seniority for shortlisting the

candidates).

(a) Intermediate (12th Passed) from a

recognised Board/ University

(b) Knowledge of handling Photo

Copier Machine.

(c) Two years’ Satisfactory Service

(d) Skill Test of related work.

6.

P.B.X. Operator

(Group – C)

By

Selection

for

appointment from amongst

eligible Regular Mazdoors

giving

due

regard

to

seniority.

(a) Intermediate (12th Passed) from a

recognised Board/ University

(b) Two years’ satisfactory service.

7.

Treasury Sarkar

(Group – C)

By

selection

for

appointment from amongst

eligible

Group-C

Staff

(Level-1 to Level-3) of the

establishment.

(a) Intermediate (12th Passed) from a

recognised Board/ University

(b) Two years’ satisfactory service.

(c) Interview.

19

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of

posts

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling up

the post

In case suitable candidate

as mentioned above is not

available,

from

amongst

eligible Regular Mazdoor.

(Due regard shall be given

to total length of service/

seniority for shortlisting

the candidates.)

8.

Pass Distributor

(Group – C)

By

selection

for

appointment from amongst

eligible

Group-C

Staff

(Level-1

& 2)

of the

establishment and also from

amongst eligible Regular

Mazdoors

giving

due

regard to total length of

service/ seniority.

(a) Intermediate (12th Passed) from a

recognised Board/ University

(b) Two years’ satisfactory service.

(c) Knowledge of Computer

(d) Computer Proficiency Test.

9.

Record Supplier

(Group – C)

By

selection

for

appointment from amongst

eligible

Group-C

Staff

(Level-1

& 2)

of the

establishment and also from

amongst eligible Regular

Mazdoors

giving

due

regard to total length of

service/ seniority.

(a) Intermediate (12th Passed) from a

recognised Board/ University

(b) Two years’ satisfactory service

(c) Test

for

indentifying

judicial

records of the court.

10.

Fax Operator

(Group – C)

By

selection

for

appointment from amongst

eligible

Group-C

Staff

(Level-1)

of

the

establishment and also from

amongst eligible Regular

Mazdoors

giving

due

regard to total length of

service/ seniority.

(a) 10th

Passed

(Matric)

from

a

recognised Board.

(b) Knowledge

of

handling

Fax

Machine.

(c) Two years’ satisfactory service

(d) Skill Test of related work.

11.

Daftary

(Group – C)

By

selection

for

appointment from amongst

from eligible Group-C Staff

(Level-1)

of

the

establishment and also from

amongst eligible Regular

Mazdoors

giving

due

regard to total length of

service/ seniority.

(a) 8th Passed from a recognised

Board.

(b) Knowledge of pasting and binding

(c) Two years’ satisfactory service

(d) Skill Test of related work.

12.

Generator Operator

(Group – C)

By

selection

for

appointment from amongst

eligible Regular Mazdoors

giving

due

regard

to

seniority.

(a) 10th Passed (Matric) from a

recognised Board.

(b) Ability to operate Generator

efficiently.

(c) Two years’ satisfactory service

(d) Interview.

20

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Sl.

No.

Nomenclature /

Classification of

posts

Mode of

Appointment

Minimum Qualification/ Eligibility

Conditions/ Procedure for filling up

the post

13.

Mali

(Group – C)

By

selection

for

appointment from amongst

eligible Regular Mazdoors

giving

due

regard

to

seniority.

(a) 8th Passed from a recognised

Board.

(b) Proficiency in Gardening.

(c) Two years’ satisfactory service

(d) Knowledge of cycling.

(e) Skill Test of related work.

14.

Jamadar

(Group – C)

By

selection

for

appointment on promotion

from

amongst

eligible

Peons on the basis of

seniority.

(a) 8th Passed from a recognised

Board.

(b) Knowledge of Cycling.

(c) Two years’ satisfactory service.

15.

Peon

(Group – C)

By

selection

for

appointment from amongst

eligible Regular Mazdoors

on the basis of seniority.

A Regular Mazdoor shall

have to exercise option in

the prescribed format prior

to

such

appointment.

Option once exercised shall

be final.

(a) 8th Passed from a recognised

Board.

(b) Knowledge of Cycling

(c) Two years’ satisfactory service.

16.

Chaukidar

(Group – C)

By

selection

for

appointment from amongst

eligible Regular Mazdoors

on the basis of seniority.

(a) 8th Passed from a recognised

Board.

(b) Knowledge of Cycling

(c) Two years’ satisfactory service.

(d) Physical efficiency test.

17.

Sweeper

(Group – C)

By

selection

for

appointment from amongst

eligible Regular Mazdoors

on the basis of seniority.

A Regular Mazdoor shall

have to exercise option in

the prescribed format prior

to

such

appointment.

Option once exercised shall

be final.

(a) 8th Passed from a recognised

Board.

(b) Knowledge of Cycling

(c) Two years’ satisfactory service.

18.

Regular Mazdoor

By absorption from persons

engaged on daily wages

having

due

regard

to

seniority.

(a) 8th Passed from a recognised

Board.

(b) Knowledge of Cycling

(c) On completion of minimum two

years’ satisfactory performance of

duty.

21

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

PART V

Procedure for Appointment

7. Calculation of vacancies.—

(i)

For direct recruitment or appointment through limited competitive

examination, vacancies shall be computed as on 1st January of the year. If

vacancies of previous year(s) remain unfilled, the same shall also be taken

into account.

(ii) For filling up of the posts by way of promotion, process shall take place at

least twice in a calendar year. Provided that the process for filling up the

vacancies accruing till 1st July of a calendar year shall start in January

whereas in July, the process shall start for filling up the vacancies accruing

till 1st January of next calendar year.

(iii) 5% (five percent) of total strength of Group-C posts shall be reserved for

appointment on compassionate ground in terms of “Scheme For

Appointment on Compassionate Ground in Patna High Court, 2015”

notified vide Notification No.432 (A)/ A.D. (Rules) Patna dated 03rd

November, 2015.

8. Procedure for Appointment/ Promotion.—

(1) In the case of direct recruitment, the following procedure shall be followed : -

(a)

Applications shall be called for after issuance of advertisement and/

or candidates may be referred from the employment exchange of

the State of Bihar or such other procedures as may be prescribed by

the Chief Justice.

(b)

The procedure and syllabus relating to the competitive examination

shall be such as may be prescribed by the Chief Justice from time to

time.

(c)

Selection will be made on the basis of marks secured by the

candidate in written test(s) & interview and a select list/ panel

(waiting list) shall be prepared accordingly. If the number of

applicants are on the higher side, they will be shortlisted through

screening or preliminary test. However, the Chief Justice may

prescribe any other mode or method of selection. If two or more

candidates secure equal marks, the candidate securing higher marks

in the written test will be placed above and if the marks obtained in

the written test are also equal, then the candidate born earlier will be

placed above.

(d)

Such panel (waiting list) shall remain valid for a period of one year

from the date of its approval by the Chief Justice and may be

extended for another one year in case of exigency.

(e)

Posts falling vacant during the currency of the panel may be filled

up from the same panel.

(2) Appointment on promotion/ selection for appointment to Group – A and B

(upto Level – 9) shall be made as per the mode prescribed against the

posts by the Chief Justice on his own or on the recommendation of the

Committee constituted by him.

(3) Recruitment / Selection/ Appointment / Promotion / for Group – B (upto

Level-8) and Group - C posts shall be made by the Registrar General, as

per the mode and manner prescribed against the respective posts, under

approval of the Chief Justice.

22

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

Provided that absorption to the post of Regular Mazdoor shall be

made from amongst persons engaged on daily wages.

(4) Appointment to the post of Registrar-cum-Principal Private Secretary to

the Chief Justice, Assistant Registrar-cum-Secretary to the Chief Justice

and Court Officer shall not be made substantively or on probation. Any

person appointed on these posts shall work on the said post on purely

temporary and ad hoc basis for so long as his services may be required in

that capacity by the Chief Justice.

9. ‘Kalawadhi’ for Promotion.—The minimum qualifying period for promotion to

a higher post shall be as mentioned in the column ‘Minimum Qualification/ Eligibility

Conditions/ Procedure for filling up the post’ against the posts in Part IV of these rules. The

Chief Justice may issue orders in this regard from time to time as deemed necessary.

PART VI

Reservation and Other Miscellaneous Provisions

10. Reservation.—Reservation in direct recruitment to the various categories of

posts in the ‘Establishment’ in favour of the members of Scheduled Castes, Scheduled

Tribes, Backward Classes, Extremely Backward Classes, Economically Weaker Sections

(EWSs) of the State (who are not covered under the existing scheme of reservation for the

SC, ST, BC, EBC); horizontal reservation for Women & Orthopedically Handicapped and

reservation for other categories, if any, shall be in accordance with the orders issued by the

Chief Justice from time to time having due regard to the legislative enactment and orders

issued by the Governor of Bihar from time to time on the subject.

11. Nationality .—A candidate for recruitment to the establishment must be-

(a)

A citizen of India, or

(b)

A Tibetan refugee who came over to India before 1st January, 1972

with the intention of permanently settling in India, or

(c)

A person of Indian origin who has migrated from Pakistan, Burma, Sri

Lanka and East African countries of Tanzania (formerly Tanganyika)

and Zambia with the intention of permanently settling in India.

Provided that a candidate belonging to category (b) or (c) above

must be a person in whose favour a certificate of eligibility has been

issued by the State Government.

Provided also that, if a candidate belongs to category (c) above,

no certificate of eligibility will be issued for a period of more than one

year and such a candidate can be retained in service after a period of

one year only if he has acquired Indian citizenship.

Note - A candidate in whose case a certificate of eligibility is necessary but

the same has neither been issued nor refused, may be admitted to an

examination or interview and he may also be provisionally appointed

subject to the necessary certificate being obtained by him or issued in

his favour.

12. Appointment on Deputation.—

(i)

The Chief Justice may, in exigency of service, appoint any other

officer or employee in the establishment on deputation from persons

serving in other High Court or Subordinate Courts of Bihar for such

period, as may be considered appropriate.

(ii)

Deputation allowance, if admissible, shall be paid to a person working

on deputation in the establishment in terms of existing rules/ circulars

of the State Government.

23

BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

13. Appointment on Compassionate Ground.—The Chief Justice may appoint on

compassionate ground any person possessing at least the requisite minimum educational

qualification against any Group - C post, except that of Assistant or its equivalent and

above, subject to availability of posts, as per “Scheme For Appointment on

Compassionate Ground in Patna High Court, 2015” notified vide Notification No.432

(A) / A.D. (Rules) Patna dated 03rd November, 2015.

14. Age.—A candidate for direct recruitment must not be below 18 years of age on

the 1st January of the year in which the process of recruitment is initiated. The upper age

limit for different categories shall be in accordance with the orders issued by the Chief

Justice from time to time having due regard to orders issued by the Governor of Bihar from

time to time on the subject.

Provided that upper age limit for those in Government employment shall be

relaxable by 5 years.

Provided also that age limit shall not apply to a person already serving in the

establishment of the Court or a person engaged on daily wages or those working in

the Courts subordinate to this Court or placed on deputation.

15. Preferential Qualifications.—A candidate (i) who has served in the Territorial

Army for a minimum period for two years or (ii) who has obtained a ‘B’ certificate of the

National Cadet Corps shall, other things being equal, be given preference in the matter of

direct recruitment to the establishment at the time of interview.

16. Character.—The character of a person for direct recruitment to the service of

the Court must be such as to render suitable in all respect for appointment to the service. It

will be the duty of the appointing authority to satisfy himself on this score.

Note - Person terminated/ dismissed by the Government or by a Local

Authority or a Corporation owned or controlled by the Government or

convicted of serious offences (other than those punishable with only

fine) by Court of law will be deemed to be ineligible for the recruitment

under these rules.

17. Marital status.—A male candidate who has more than one wife alive or a

female candidate who has married a person already having a wife alive shall not be eligible

for recruitment to the establishment.

18. Physical fitness.—No person shall be recruited to the establishment unless he/

she be in good mental and physical health and free from any physical defect likely to

interfere with the efficient performance on his/ her official duties. Before a candidate

recruited directly is appointed to the establishment, he shall be required to produce a

medical certificate of physical fitness issued under the signature of a Medical Officer (not

below the rank of Deputy Superintendent of a Government Hospital) at the time of joining

the post.

Provided further that no person under orthopedically handicapped category

shall be recruited unless he/ she be in good mental health and physically fit except to

the extent of his disability.

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PART - VII

Appointment, Probation, Confirmation and other service matters

19. Appointment.—On occurrence of substantive vacancies, the appointing

authority shall make appointments to the various categories of posts in the establishment

from the respective list of persons duly selected under these rules. Where a Select list has

been prepared, appointments shall be made in the same order in which the names appear in

the list.

Provided that the appointee shall have to join within the period specified in the

appointment letter. Joining time may be extended upon the satisfaction of the

Appointing Authority.

Provided further that the appointee who joins after the period specified in the

appointment letter and beyond the extension period, if any, his/ her seniority shall be

determined on the basis of his/ her date of joining.

20. Existing Members of Establishment.—Persons appointed to the various

categories of posts in the establishment in substantive capacity including those appointed

against temporary and officiating vacancies prior to the commencement of these rules shall

be members of the establishment as if appointed in such capacity under these rules.

21. Probation.—

(1)

A person on initial appointment to a post in the establishment in

substantive capacity shall be placed on probation for a period of one

year.

(2)

The appointing authority may allow continuous service rendered in an

officiating capacity or in a temporary capacity on the post, or on a

higher post, to be taken into account for the purpose of computing the

period of probation.

(3)

The appointing authority may, for reasons to be recorded in writing,

extend the period of probation in individual cases specifying the date up

to which the extension is granted.

Provided that in no case the period of probation will be

extended by more than three years.

(4)

If it appears to the appointing authority at any time during or at the end

of the period of probation or extended period of probation, as the case

may be, that a probationer has not made sufficient use of his

opportunities or has otherwise failed to give satisfaction, he may be

reverted to his substantive post, if any, or if he does not hold a lien on

any post, his services will be dispensed with.

(5)

A person whose service is dispensed with under sub-rule (4) shall not

be entitled to any compensation.

22. Confirmation of Services.—A probationer shall be confirmed in his

appointment at the end of his period of probation or extended period of probation, as the

case may be, by the appointing authority if-

(a)

his/her work and conduct during the probation period have been found

to be satisfactory by the concerned officer(s) of Registry

(b)

his/her integrity is not doubtful.

(c)

no adverse entry in his/her service record has been made.

(d)

no departmental proceeding/ action is pending or under contemplation

against him/her.

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Provided that additionally an Assistant has to pass the departmental

examination of ‘Patna High Court Rules, 1916’ and a Personal Assistant/

Stenographer has to pass the departmental examination with regard to ‘drawing up of

peremptory orders usually passed by the Bench on the basis of the office notes given

in cases’ for being eligible for confirmation of his services. Confirmation of

persons appointed on other substantive posts shall be governed by clause (a), (b), (c)

& (d).

23. Permission for appointment to other Govt. Services, Lien & Resignation.—

(i)

Permission or ‘no objection certificate’ shall be granted/ issued to an

employee of the establishment to appear at an examination / test for

appointment to a substantive post in any government organization/

undertaking if the post applied for is of higher pay scale than that of

his/ her present post.

(ii)

An employee of the establishment shall be relieved from the services

of the establishment on Lien, if his services are confirmed and he/ she

has been granted prior permission or ‘no objection certificate’ for the

purpose referred to at serial (i).

(iii)

In case of an employee of the establishment, whose services are not

confirmed, shall be relieved from the services of the establishment

without Lien, provided that he/ she has been granted prior permission

or ‘no objection certificate’ for the purpose referred to at serial (i).

(iv)

An employee of the establishment shall have to inform (in writing)

the appointing authority three months prior to date of resignation.

However, the appointing authority shall have the liberty to relax the

provision under extraordinary circumstance.

Provided that an employee who has already appeared at an

examination / test (for appointment to a substantive post in any

government/ undertaking) prior to joining services in the

establishment of the Court shall have exemption from the aforesaid

provision.

24. Service History and Annual Confidential Remarks (A.C.R)/ Permanent

Character Roll (P.C.R.) .—

1.

Service History of maximum five years shall be taken into account while

consideration of an employee for promotion.

2.

Annual Confidential Remarks of all the Officers and Staff of each year

(1st April - 31st March) shall be maintained in the following manner:-

(i)

The remarks in relation to officers of the rank of Joint Registrar

and above shall be given each year by the Chief Justice.

(ii)

The remarks in case of other Officers of the Registry shall be

given every year by the Registrar General.

(iii)

In case of all other officers and staff, the Registrar/ Joint

Registrar in charge of the concerned department shall record

the remarks each year on the basis of report of concerned Joint

Registrar/ Deputy Registrar/ Assistant Registrar In-charge.

Provided that in case of all the Officers and Staff attached with the

Judges or Officers of the Registry, the remarks shall be made by the

concerned Puisne Judges and Officers of the Registry.

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Provided further that in case the Deputy Registrar-cum-Senior

Secretary/ Assistant Registrar-cum-Secretary to Puisne Judge/ Senior

Personal Assistant/ Personal Assistant/ Stenographer are in reserve pool, the

remarks shall be made by the Joint Registrar-cum-Additional Principal

Private Secretary (in charge Personal Assistant’s Section).

3.

Entries in Permanent Character Roll (P.C.R.), if any, shall be maintained

by the Registry.

25. Seniority.— Except as provided in Rule 26, seniority in each category of post in

the establishment shall be determined by the date of order of appointment in a substantive

capacity and names of the candidates appearing in the select list/ panel (waiting list) shall be

arranged in order of merit on the basis of marks secured in the written test and interview. In

case of two or more candidates securing equal marks, seniority shall be determined in terms

of rule 8 (c) Part V of these rules.

In case of appointment to a post is made against the vacancies of a year, the direct

recruits shall rank senior to those appointed through limited competitive examination.

Gradation list shall be maintained in respect of all officers and staff of the Court.

26. Seniority of persons already in services of the Establishment.—Seniority of

the persons appointed to a post in the establishment prior to the commencement of these

rules shall be such as was on the date of commencement of these rules.

PART VIII

Pay and Allowances

27. Pay and Allowances.—The pay and other allowances admissible to persons

appointed to the various categories of posts in the establishment, whether in a substantive or

officiating capacity or in temporary capacity shall be such as may be determined by the

Chief Justice from time to time with the approval of the Governor of Bihar.

28. Pay, Allowances and increment during probation.—

(1)

Notwithstanding any provision in the Fundamental Rules to the contrary,

a person on probation, if he is not already in permanent Government

service, shall draw during the period of probation, the 1st increment and

subsequent increment as they accrue on the condition that his work and

conduct are reported to be satisfactory and he/ she has passed

Departmental Examination conducted under the orders of the Chief

Justice, from time to time.

Provided that if the period of probation is extended on account

of failure to give satisfaction, such extension shall not be counted for

increment unless the Chief Justice directs otherwise.

(2)

The pay during probation of a person already in permanent Government

service shall be regulated by the relevant rules referred to in rule 40 (2).

(3)

An advance increment, if any, granted to employee of this Court shall be

subject to approval by the State Government.

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BIHAR GAZETTE (EXTRA) 12TH JANUARY 2021

PART – IX

Disciplinary Action and Appeal

29. Disciplinary Authority.—

a.

The Chief Justice shall be the Disciplinary Authority for all Officers of

Group - A and B posts (Level-9 & above).

b.

The Registrar General shall be the Disciplinary Authority for all staff of

Group - B (upto Level-8) and C posts.

30. Disciplinary Action.—

(1) Registrar General under the order of Hon’ble the Chief Justice may

suspend and/or initiate any disciplinary proceedings against the

delinquent officer of the Court and impose any of the penalties in terms

of provisions laid down in Bihar Government Servants (Classification,

Control and Appeal) Rules, 2005.

(2) Registrar General may suspend, initiate any disciplinary proceeding

against the delinquent officer and impose any of the penalties in terms of

provisions laid down in Bihar Government Servants (Classification,

Control and Appeal) Rules, 2005.

31. Appellate Authority.— The Chief Justice shall be the Appellate Authority for

all staff of Group - B (upto Level-8) and C posts .

32. Appeal.—

(1)

Any officer or staff of Group – B (upto Level-8) and C posts aggrieved

by the imposition of any minor/ major punishment upon him/ her by the

disciplinary authority may prefer an appeal before appropriate appellate

authority within 60 days from the date of receipt of copy of such order

or from the date of communication of the said order.

Such memorandum of appeal preferred by any officer or staff shall be

considered by the appellate authority preferably within a period of three

months.

(2)

The provisions as laid down in Bihar Government Servants

(Classification, Control and Appeal) Rules, 2005 shall ordinarily be

applicable in respect of Officers of Group- A & B and staff of Group- B

& C of the Court. Under extraordinary circumstances, the Chief Justice

may pass any order(s) as is deemed fit.

PART - X

Other Provisions

33. Dress Code.—

(i)

All Officers of the Registry including Judicial Officers, Section Officers,

Translation Officers, Court Officer, Senior Personal Assistants, Senior

Librarian, Senior Programmer, Assistants attached with Bench, Assistants

performing protocol duties, Personal Assistants, Librarian, Assistant

Court Officers deputed in Court Officer’s Office including those

employees working as Assistant Court Officer and Stenographers shall

present themselves before the Hon’ble Judges in:

For Male:

White Shirt, Steel Grey Coat/ Prince Coat and Dark Blue Tie with logo of

Patna High Court and Black Trouser

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For Female:

White or Cream/ Black Saree – Blouse/ White or Cream Shalwar -

Kameez, Steel Grey Coat with logo of Patna High Court.

(ii)

Officers of the Registry and Staff of the Court, who are required to wear

the dress as prescribed in clause (i), shall be paid every year an amount as

fixed by the Chief Justice from time to time for purchase and

maintenance of dress. Payment of the said amount shall be made to

eligible officers & staff only after completion of one year from the date

of previous sanction order.

34. Transfer and Posting.— There shall be inter-sectional/ departmental transfer of

Group B and C employees of the Court in such a manner so that everyone shall be posted in

a Judicial Section of the Court at least for three years.

Provided that such transfer shall not adversely affect the smooth functioning

of the Court’s administration.

35.

Training.—There shall be training for the employees of the establishment in

order to make them acquainted with relevant rules, practices and procedures of the Court.

36.

Departmental Examination .—

(i)

A departmental examination of ‘Patna High Court Rules, 1916’ shall

be held every year for confirmation to the post of Assistant in the

Court.

(ii)

A departmental examination for ‘Drawing up peremptory orders

usually passed by the Bench on the basis of office notes given in

cases’ shall be held every year for confirmation to the post of

Personal Assistant/ Stenographer in the Court.

(iii) Departmental examination i.e. ‘Limited Competitive Examination’

shall be held every year for filling up the vacant post of Assistant,

Personal Assistant and different Group C posts as per rule.

37.

Permission for going abroad on private visit.—A member of the

establishment shall have to submit an application as per prescribed procedure ordinarily 45

days in advance for prior permission for going abroad on private visit (except where visa is

not required).

Such permission shall be granted to the satisfaction of the Court under normal

circumstances within three week of the date of receipt of complete application. Any lacunae

in the application should be brought to the notice of the employee within one week of the

date of the application.

However, permission shall be denied if disciplinary proceeding/ criminal case is

pending against employee(s) or in case the employee(s) is/are under suspension.

38. Representation of Members of Establishment .—Representations filed by

members of the establishment in respect of service conditions and other matters shall be

considered by the Court if the same disclose substantial reasons, within the ambit of these

rules.

Any representation in the matter of appointment/ promotion etc. filed either by the

members of the establishment or by any applicant in respect of direct recruitment shall not

be entertained once the process is initiated.

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39. Canvassing .—No recommendation for appointment either written or oral other

than those required under these rules will be taken into consideration. Any attempt on the

part of a candidate to gather directly or indirectly support for his candidature by any means

will disqualify him for appointment.

40. Regulation of other matters

(1)

All officers and employees of the Court shall be subject to the

superintendence and control of the Chief Justice.

(2)

In respect of all the matters (not provided for in these rules) regarding

the conditions of service of officers and employees of the Court

including matters relating to their conduct, control and discipline, the

rules and orders for the time being in force and applicable to

Government servants holding corresponding posts in the Government

of Bihar shall apply to the Officers and employees of the Court subject

to such modifications, variations, and exceptions, if any, as the Chief

Justice may, from time to time, specify.

Provided that no order containing modifications, variations or

exceptions in rules or orders relating to salaries, allowances, leave or

pensions shall be made by the Chief Justice except with the approval of

the Governor.

Provided further that the said powers exercisable under rules

and orders of Government of Bihar by the Governor shall be exercised

by the Chief Justice or by such officer as he may, by general or special

order, direct.

(3)

If any doubt arises in regard to a particular post in the establishment

being corresponding to a post in the State Government, the matter will

be decided by the Chief Justice.

41. Residuary powers.—Nothing in these rules shall be deemed to affect the

powers of the Chief Justice to make such orders, from time to time, as he may deem fit in

regard to all the matters incidental or ancillary to these rules not specifically provided for

herein or in regard to matters as have not been sufficiently provided for:

Provided that if any such order relates to salaries, allowances leave or pension, the

same shall be made with the approval of the Governor.

42. Interpretation.— All questions relating to the interpretation of these rules shall

be referred to the Chief Justice, whose decision thereon shall be final.

43. Repeal and Savings.—The Patna High Court Officers and Staff (Conditions of

Service and Conduct) Rules, 1997 as amended from time to time are hereby repealed:

Provided further that any action taken or proceedings under the repealed

rules and pending at the commencement of these rules shall be continued and

disposed of in accordance with the provisions of those rules.

44. General rules .—

(1) All notifications issued, orders passed, appointments made or powers

exercised by the Chief Justice or the Registrar General prior to the

commencement of these rules shall be deemed to have been issued,

passed, made and exercised respectively under the provisions of these

rules.

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(2) Notwithstanding anything contained in these rules, the Chief Justice shall

have the power to make such orders, as he may consider fit, in respect of

recruitment, appointment, promotion, confirmation or any other matter.

By order of Hon’ble the Chief Justice,

NAVNEET KUMAR PANDEY,

Registrar General.

————

PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 35—571+500—Egazette

Website: http://egazette.bih.nic.in