The Delhi High Court issued a notice on 16th October 2018 regarding framing of general guidelines for transfer and posting of Judicial Officer in the State.
The Transfer Policy has been framed to address certain aspects such as general factors guiding transfer/posting of judicial officer, the requisite interval and exceptional circumstances which allow deviation in the general policy for posting/transfer.
The guidelines issued are as follows-
- The exigencies of administration shall be the first and foremost criteria.
- It shall be an endeavour to give exposure of work of all possible jurisdiction so as to build capacity of all Judicial Officer.
- Rotation of jurisdiction and location of Judicial Officer shall be affected at an interval of 2 to 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 Officer shall generally not be permitted to proceed on deputation.
- Subject to guideline No.1, while effecting transfers, effort 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 vested a right of Judicial Officer.
- Judicial Officer 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 spouse, child or parent, mother in law or father in law or any first degree relative of Judicial Officer is suffering from terminal or acute life-threatening ailments which require some degree of proximity of the Judicial Officer, request for transfer and posting to a place where Judicial Officer can be closer and have easy access would be considered and due accommodation would be given in that respect. Such request would be considered upon proper medical certificate from 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 maybe transferred before completion of prescribed tenure or in mid-term in case of exigencies or in peculiar circumstances. The Judicial Officer may also be transferred before prescribed tenure in public interest and in interest of administration of justice, if so decided by High Court.
- Notwithstanding above provisions, an officer who has one year or less to retire as on first day of April, may, as far as possible, not be disturbed from his existing place of posting. However, if officer makes any transfer request, all the efforts are made to accommodate it.
- In regard to matters that are not specifically provided, the Chief Justice may issue such general or particular clarification as are necessary for the effectuation of the above rules and having regard to the general interest in the administration of justice.
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