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TRANSFER
GUIDELINES/POLICY OF THE HIGH COURT OF CHHATTISGARH – 2013 As far as possible following
Guidelines and Policy will be followed for transfer of the Judicial Officers in
the State of 1.
This Policy shall come into force with immediate
effect and all previous exercise for Annual Transfer of 2013 shall be deemed to
have been done under this Policy. 2.
This Policy may be relaxed generally or in individual
cases by the Chief Justice in respect of Judicial Officers posted in the
Registry, the 3.
The Judicial Districts available for posting are
divided into 4 Categories, mentioned as A,
B, C & D in Schedule – 1
annexed to this Policy. 4.
As far as possible the Annual transfer of Judicial
Officers shall be effected normally by the 15th of March every Year,
and the Judicial Officers transferred in the annual chain shall be given time
for joining up to the first day of April of the relevant Year so as to coincide
with the academic session. Provided that, in cases of transfer, other than those in the
annual chain, the period of joining shall be indicated in the order to be
issued by the High Court. 5.
The normal approximate tenure of posting at a place
shall be Four Years. 6.
After the normal tenure of posting of a Judicial
Officer in one place, he shall be shifted out of his place of posting and his
next posting shall be at a place of a different category. However if it is not
possible for some reason, the High Court may post him at a place in the same
category. 7.
For computing the tenure of posting of an Officer posted
at a particular place as a result of transfer otherwise than in the annual
chain, i.e., a mid term transfer, the period of six months or above shall be
rounded of and treated as a full Year. 8.
To implement this Policy, timely and effectively, the
transfer exercise shall commence in the month of January, every Year. 31st
March of that calendar Year, would be the date for counting the normal posting
tenure of Four Years. 9.
Subject to clause 7 above, the tenure/period of
posting of an Officer at a particular place shall be calculated from the date
on which he joins at the place upto 31st of March of the calendar
Year in which annual transfers are to be made, and the period of six months or
more shall be treated as a full year. 10.
A Judicial Officer, who is on deputation or holding an
ex-cadre post, shall normally be required to come back to the parent department
after completing a maximum of Four Years of such posting. No extension of
deputation shall be granted after a period of Four Years. However, under exceptional
circumstances, extension of one Year may be granted. 11.
A freshly promoted/appointed Judicial Officer, or a
Judicial Officer posted on a post which does not involve the normal
judicial/adjudicatory functions, will normally not be allowed to go to a/another
non-judicial post, unless he completes at least a Four Years tenure on a post
involving judicial functions. 12.
Every Judicial Officer will have to serve in each
category place for the normal tenure prescribed above. 13.
In cases of Husband and Wife, who are Judicial
Officers and are working in the State of 14.
Where the spouse, child or parent or any other first
degree relative of a Judicial Officer is suffering from terminal ailments like cancer,
kidney failure warranting dialysis, or who have undergone open heart surgery in
the recent past, provided they are normally residing with the Judicial Officer,
such Officer may be granted preference by posting him in a place where or near
which proper treatment facilities for these ailments are available. However,
adjustment in this category shall be granted only on production of proper
medical certificate from the District Medical Board and certified by the
District Judge concerned upon verification. 15.
Judicial Officers, who are suffering from any physical
disability which is certified to be more than 40% by the appropriate Medical
Board, would be granted preference in the matter of their posting to such
places where they are not required to travel frequently, or which does not
require mobility for long periods of time. 16.
A Judicial Officer may be transferred even before
completion of the prescribed tenure or in mid-term in case his performance is
found to be below the norms prescribed or if grounds exist for initiating
enquiry against him. He may also be transferred before completing the
prescribed tenure in public interest or in interest of administration, if so
decided by the High Court. 17.
Notwithstanding anything to the contrary in this
policy, an officer who has one year or less to retire as on first day of April
may seek a posting to a place (except his home town) where or near which he
proposes to settle after retirement. And if the request appears bona-fide and
is possible, the officer may be posted to such place. 18.
In regard to matters which are not specifically
provided or covered by this Policy, the Chief Justice may issue such general or
particular directions as may be considered necessary. In case any doubt arises
with regard to this Policy or its implementation, the same will be clarified by
the Chief Justice and such clarification will be treated as part of this
Policy. 19.
No representation against transfers ordered by the
High Court will normally be entertained except on a reasonable ground. 20.
Notwithstanding anything contained herein, the Chief
Justice or on his behalf, a Committee of Judges (Transfer – Committee)
nominated by the Chief Justice, will have powers to pass appropriate order
regarding the transfer or posting of any Judicial Officer at any time. 21.
The Chief Justice may delegate the powers to any
Judge, Officer or Committee of Judges/Officers (Transfer – Committee) for
implementation of this Policy/Guidelines. SCHEDULE –
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