CHAPTER 10
Miscellaneous

 

PART A         RULES FOR THE DISPOSAL OF EXECUTIVE AND ADMINISTRATIVE BUSINESS.

 

            1.         The administrative and executive work of the High Court shall be controlled by a Committee of Judges to be known as the Administration Committee:

            Provided that those matters which are the exclusive concern of the Chief Justice, namely, the constitution of Benches and the appointment and control of the High Court Establishment shall be dealt with in accordance with such instructions as may from time to time be issued by the Chief Justice.*

 

2.         The Administration Committee shall consist of seven Judges. The Chief Justice and the Senior Puisne Judge shall be ex-officio members and the Chief Justice shall annually nominate the other five members of the Committee.

 

3.         At all meetings of the Administration Committee, three Judges shall form a quorum.

 

4.         (a)       Each member of the Administration Committee shall act as an Administration Judge and the powers and duties of each Administration Judge shall be defined by the Chief Justice from time to time.

                        (b)       The following matters shall invariably be referred by an Administration Judge to the Administration Committee:-

                                    (i)         All cases which are to go before a meeting of all the Judges.

(ii)               All cases involving the amendment of the Rules and Orders of the Court other than purely routine amendments.

(iii)             The issue of circular letters and instructions to the Subordinate Courts in other than purely routine matters.

(iv)              All circulars issued by District and Sessions Judges for the guidance of Courts subordinate to them.

 

(v)                All proposals for the confirmation or promotion of District and Sessions Judges and Civil Judges.*

(vi)              The grant of move-over and selection grade to Judicial Officers.*

(vii)            All pension cases of District and Sessions Judges and Civil Judges.*

(viii)          All cases in which disciplinary action is to be taken against District and Sessions Judges and Civil Judges and all cases in which there is a question of the recovery from an officer of any loss suffered by Government.*

(ix)              The selection of officers for deputation, and magisterial, commercial or special training. 

(x)                Recommendations for the direct appointment of Government servants as Extra Assistant Commissioners.

(xi)              The fitness of officers for appointment as District and Sessions Judges.

(xii)            The monthly returns of work done by District and Sessions Judges.

(xiii)          All cases in which lawyers seek relaxation of High Court Rules applicable to them other than those in which the Judges or the Administration Committee have laid down a policy to be followed.

(xiv)          All proposals for the execution of Civil Major Works in the Judicial Department.

(xv)            All cases in which the opinion of all the Judges is sought by Government.

(xvi)          All cases of conferment of civil and criminal powers on Civil Judges and Magistrates except:-

(a)               powers under the Provincial Small Cause Courts Act,

(b)               powers under the Guardians and Wards Act,

(c)               permission to exercise powers under the Provincial Insolvency Act already conferred by Punjab Government notification No.780, dated the 15th July 1914.

(d)               ***[Omitted]

(xvii)        All cases not specifically provided for which, in the opinion of the Administration Judge, involve questions of principle or policy.

(a)               All administrative work for which there is no explicit provision in the Rules and Orders of the Court or in the rules made by the Administration Committee, shall be disposed of under the orders of the Administration

 

Judge who may refer to the Committee any matter on which he could pass orders.

(b)               The Administration Judge shall pass orders on the postings and transfers of Judicial Officers serving under the High Court, and after orders have issued they shall be circulated to all members of the Administration Committee.

(xviii)      The suspension of Civil Judges-cum-Judicial Magistrates, Additional District and Sessions Judges and District and Sessions Judges.*

(xix)          The promotion of Civil Judges-cum-Judicial Magistrates, Additional District and Sessions Judges and District and Sessions Judges.*

(xx)            Recommendations for the grant of pension to Civil Judges-cum-Judicial Magistrates, Additional District and Sessions Judges and District and Sessions Judges, where it is proposed to recommend that the full pension earned be not allowed.*

(xxi)          Representations against the adverse remarks made by the Civil Judges-cum-Judicial Magistrates, Additional District and Sessions Judges and District and Sessions Judges.*

5.                     Notwithstanding anything contained in the preceding rules the following matters shall invariably be referred to and disposed of at a meeting of all the Judges:-

                                    (i)         All matters involving questions of principle and policy.

(ii)               All cases relating to amendments to be made to existing laws or to the statutory rules of the Court.

(iii)             All matters concerning the High Court as such or all the Judges.

(iv)              All matters on which the opinion of all the Judges is invited by Government.

(v)                ***[Omitted]

(vi)              ***[Omitted]

(vii)            ***[Omitted]

(viii)          ***[Omitted]

(ix)              ***[Omitted].

 

                        In addition, the Administration Committee may refer to a meeting of all the Judges any matter which, in its opinion, should be referred to such a meeting.

 

6.         All cases to be considered at a meeting of all the Judges shall first be considered by the Administration Committee which may make such recommendation as it considers proper.

 

7.         Meetings of all the Judges shall be called by the Chief Justice when there is business for such meetings.

 

8.         The Administration Committee shall have power to decide what procedure it will adopt for the conduct of the business entrusted to it.

 

9.         At all Judges’ meetings, ten Judges shall form a quorum. The Judges present at a meeting, if ten or more, may dispose of all the business, for the disposal or consideration of which such meeting was called, and such disposal shall be deemed to be a disposal by the Court.*

 

10.       In case of a difference of opinion at a meeting the decision shall be in accordance with the opinion of the majority of the Judges present, and in case the Judges present be equally divided the Chief Justice or in his absence the Senior Judge present, shall have a casting vote.

 

11.       The Registrar or, in his absence, the Additional Registrar, shall attend all Judges’ meetings, and shall record the proceedings at such meetings.*

 

12.       As soon as conveniently may be, after the proceedings of a Judges’ meeting have been recorded and signed by the Registrar or Additional Registrar, as the case may be, they shall be circulated to the Judges in order of juniority and signed by the Chief Justice.*

 

13.       The original proceedings of the Judges’ meetings shall be kept in the General Record Room in a separate file and shall not be removed from the Court building except by the Registrar with the sanction of the Chief Justice.

 

14.       The Chief Justice may empower any person holding the post of Registrar or Additional Registrar of the High Court by name, to perform all or any of the duties of a Judge in charge of any branch of the executive and administration business of the Court.

 

15.       During the vacation the administrative and executive work of the Court may be carried out by the Senior Vacation Judge present at the Court, who may in his discretion pass such orders as may be necessary without prior reference to all the Judges or the Administration Committee:

Provided that any matters decided by a Vacation Judge under this rule, which would otherwise fall for decision by all the Judges or by the Administration Committee shall be referred to all the Judges or to the Administration Committee, as the case may be, for confirmation after the vacation.

 

            16.       ***[Omitted].

 


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