Delhi HC Issues Transfer Policy Of Judicial Officers
The Delhi High Court has issued transfer policy of Judicial Officers which also provides that Judicial Officers related to one another shall not be posted in the same court complex.
The policy also makes provision for rotation of jurisdiction and location of Judicial Officer to be effected at an interval of 2-3 years from one court to another with emphasis on giving exposure of work of all possible jurisdictions to build the capacity of each Judicial Officer.
Below are the pointers of the transfer policy:
- The exigencies of administration of justice shall be the first and the foremost criterion.
- It shall be an endeavour to give exposure of work of all possible jurisdictions so, as to build the capacity of each Judicial Officer.
- Rotation of jurisdiction and location of Judicial Officer shall be effected at an interval of 2-3 years from one court to another.
- The appointment on deputation post outside the cadre will generally not be allowed for more than 3 years, including deputation to the same or more than one post consecutively.
- Senior-level Judicial Officers shall generally not be permitted to proceed on deputation.
- Subject to guideline No.1, while effecting transfers, efforts would be made to accommodate concerns of health, proximity to residence, subject expertise needs of dependants to the maximum extent possible. However, none of these would be a vested right of a Judicial Officer.
- Judicial Officers related to one another shall not be posted in the same court complex.
- No Judicial Officer shall bring or attempt to bring any influence regarding posting or transfer.
- Where the spouse, child or parent, mother-in-law or father-in-law or any other first degree relative of a Judicial Officer is suffering from terminal or acute life-threatening ailments which require some degree of proximity of the Judicial Officer, requests for transfer and posting to a place where the Judicial Officer can be closer to such relative and have easy access, would be considered and due accommodation given, in that respect. Such request would be considered upon production of a proper medical certificate from the concerned hospital about the nature of the illness, its stage etc. District Judge concerned should verify such certificate and issue a letter to that effect.
- A Judicial Officer may be transferred before completion of the prescribed tenure or in mid-term in exigencies or peculiar circumstances; Judicial Officer may also be transferred before completion of the prescribed tenure in public interest and in the interest of administration of justice if so decided by the high court.
- Notwithstanding the above provisions, an officer, who has one year or less to retire as on the first day of April may, as far as possible, not be disturbed from his existing place of posting. However, in case the Officer requests for any transfer, every effort to accommodate it may be made.
- In regard to matters that are not specifically provided, the Chief Justice may issue such general or particular clarifications as are necessary for the effectuation of the above rules; and having regard to the general interests in the administration of justice.