Q U E S T I O N N A I R E

WORKSHOP

for

District Judges of the State of U.P.

On

“Strengthening Justice Dispensation : Challenges Before District Judiciary”

12th and 13th December, 2009

 

Q.NO.

Difficulties on Judicial Side

1.

Do you feel some ambiguity and vagueness in the division of jurisdiction of Civil, Revenue and other courts is also a factor for delay in disposal of civil suits? If yes, suggest measures to solve the problem.

 

2.

What are your suggestions for timely service of processes of courts through courier agencies and modes like Fax, E-mail etc. as provided under Or. 5 of the CPC w.e.f. 1.7.2002?

 

3.

Identify the difficulties and record your suggestions for timely execution of Recovery Certificates issued by Tribunals to the Collectors in M.A.C.P. cases?  

 

4.

What measures can be adopted to contain the frequent practice of lawyers moving Transfer applications, on frivoulous grounds to delay the disposal of cases?

 

5.

Do you feel any constraint in granting ex–parte adinterim injunctions? Enumerate causes.

 

6.

Do you feel any constraint in the exercise of discretion in the matter of grant of bails?

 

7.

Suggest at least 5 measures  to ensure ‘speedy justice’?

 

8.

Do you comply the provision of O. X R. 2 C.P.C.? Does it help in speedy disposal of cases?

 

9.

Suggest measures to check adjournments?

 

10.

Any other suggestions?

 

Difficulties on Non – Judicial Side

1.

What is the pendency of each type of cases in each court? Provide year wise break up as on 1.4.2009. (For District Judges only)

 

2.

Whether the Institution in various courts from 1.4.2008 to 1.4.2009 has been higher than the disposal rate during this period? Kindly attach a comparative chart of Institution and disposal of all type of cases from 1.4.2008 to 1-4-2009 of all the courts in the Judgeship. (For District Judges only)

 

3.

What is the total strength of judicial officers in the judgeship? How many courts are vacant and since when? (For District Judges only)

 

4.

Will it be practicable to hold courts in shifts in your judgeship? Give reasons in support of your proposal.

 

5.

Do you think that posting of judicial officers according to the ratio of  pendency in a particular district will help in early dispensation of justice? (For District Judges only)

 

6.

Do you feel that frequent transfer of cases from one court to another contributes towards delayed disposal of cases? Your suggestions in this regard.

 

7.

Whether there is a need to reconsider language policy for the District Courts?

 

8.

Do you feel, non – turning up of Advocates is also a reason of delay? Suggest solutions for this problem.

 

9.

Should a request be made in the administrative side to the Hon’ble High Court to take up contempt cases referred by Judicial Officers on priority basis?

 

10.

What in your view are the expectations of the Judicial Officers in tackling the incidents of unruly behaviour and unbecoming  acts of the lawyers in the District Courts?

 

11.

Do you think that a direction is required for preparation of copies of Case Diaries through photocopier to reduce the pendency and curtail delay in the commencement of the trial?

 

12.

Do you think that certain portion of costs imposed on adjournments can be ordered to be deposited in Civil Court Account which may be utilized for the development and maintenance of infrastructure?

 

13.

What is total number of statements which are sent to the High Court from the Judgeship? Identify if some of them have become unnecessary, if yes, name them supported by reasons?

 

14.

Suggestions for formulation of policy against frequent recording of strictures and condemnations against judicial officers adversely affecting their morale and career despite repeated disapproval by Supreme Court ?

 

15.

Whether the timing of morning courts during summers should be changed to 8:30 A.M. to 02:00 P.M. for improving the productivity and efficient working of the courts?

 

16.

Should ‘Online’ service of important journals like AIR, SCC etc. be provided to the judicial officers at their residences through internet?

 

17.

Do you feel any difficulty in deciding Criminal Cases of lawyers involved in serious in the district of your posting and do you suggest for transfer of such criminal cases of lawyers to other districts?

 

18.

Do you think that formal proof of papers like charge sheet, FIR, GD and medical reports & postmortem report etc. should be dispensed with and such witnesses should be summoned only at the discretion of the Court?

 

19.

Whether the present mode of inspection of courts and the offices is ineffective? If yes, make your suggestions.

 

20.

Do you feel that credit for disposal of  criminal revisions against orders under Sections 125, 133 & 145 Cr.P.C.  and cases under Special Acts and S. 25 of Arms Act be suitably enhanced?

 

21.

Whether non – judicial work assigned to the judicial officers like conducting legal literacy camps, NREGA, inspection of hotels, dhabas etc. is consuming judicial time?

 

22.

Whether many existing G.Ls., C.Ls. etc. which have become redundant and obsolete need to be thoroughly re-examined and reframed?

 

23.

What measures can be suggested to cut the delays in the investigation and the prosecution of offenders?

 

24.

(a)   Do you think that there is a requirement for constitution of a  separate agency for serving the processes issued by the criminal courts, in view of the fact that recently constituted ‘summons cell’ are not functioning satisfactorily?

(b)   Should modern technology like FAX, e-mail etc. be used for effecting service in criminal cases also?

(c)   Should a record be maintained of all the Doctors, Investigating Officers, Police Personnel with their complete address and posting in the concerned department, so that, they may be traced and service upon them may be effected?

 

25.

Whether distribution of work by District Judge and CJM is adequate and equitable?

 

26.

Any other suggestions?

 

Improvement in Infrastructure

1.

Do you feel that there is an urgent requirement of a big auditorium, sports complex, swimming pool and other facilities for the Judicial Officers in the IJTR?

 

2.

Kindly express you views whether outsourcing for maintenance and upkeep of District Courts will be feasible and helpful?

 

3.

Whether the neatliness, hygienic and other living conditions & amenities  of the  residential colonies of the Judicial Officers are satisfactory? If not, mention the major problems along with your suggestions for the remedy.

 

4.

Whether the court buildings, residential accommodations of Judicial Officers and the Staff and infrastructure and required amenities in the newly created judgeships are sufficient? If not, has any proposal been made to the State Government? (For District Judges of Newly Created Judgeship only)

 

5.

Any other suggestions?

 

Reforms in Administrative Set Up

1.

Do you think that by minimizing Mid term transfers of officers working on deputation and their continuance till the annual transfer chain will be helpful in curtailing the frequent changes  of courts  in the judgeships and consequent disturbance in work?

 

2.

Do you subscribe to the view that annual transfers should be made in the month of April instead of June? Assign reasons in support of your answer.

 

3.

Should there be a change in the term of Hon’ble Administrative Judges according to the Financial year instead of August to facilitate proper recording of the Annual Confidential Remarks of the officers?

 

4.

Do you feel that there is a genuine requirement for increase or decrease of posts of Judicial Officers in any cadre in your judgeship? If yes, kindly propose the number of such courts. (For District Judges only)

 

5.

Do you feel the need of recruitment of stenographers who are proficient in Hindi, English and Computers?

 

6.

Do you feel that lunch break should be extended to 45 minutes instead of 30 minutes and the extended time may be compensated by prolonging the sitting proportionately?

 

7.

Do you feel that there is a requirement of allocation of a separate contingency fund to each Court to  be utilized at the discretion of P.O. as is being provided by the Hon’ble Rajasthan High Court to their Judicial Officers?

 

8.

Whether the present mechanism of scrutiny of complaints against the judicial officers requires a re-look? If yes, identify the anomalies and suggest the alternative modes.

 

9.

Should there be a ‘ deputation reserve’ of judicial officers to meet the shortage of officers on the regular judicial side? Is there any requirement for a well – defined policy of deputation?

 

10.

Do you subscribe to the view that the summer recess to the Sessions Judges / Additional Sessions Judges should also be extended to all other judicial officers and courts should transact work on both the sides (Civil & Criminal) in the month of June for the remaining period?

 

11.

(B)     Whether there is need of the post of Registrar in the District Judiciary to carry out the administrative matters?

(C)    Whether the post of Finance Officer is required in the District Judiciary?

 

12.

Whether appointments of class III and class IV employees of the District Judiciary need to be assigned to expert recruitment bodies like Staff Selection Board etc.?

 

13.

Whether closure of Civil Courts during the month of June and assigning criminal work to the Presiding Officers of the Civil Courts really serves any useful purpose? If not, record the causes and your proposals. 

 

14.

Do you feel that the present rules and practice of recording Annual Character Roll Entries of the Judicial Officers is satisfactory, impartial and objective or would you suggest some new methods for the same?

 

15.

Have you got your TA, TTA, GPF Advance and leave encashment etc. within the time you required the same? If not, mention certain instances with undue delays and suggest the remedial measures.

 

16.

Whether the house allotment formula i.e. ‘first come, first serve’ outlined by the Hon’ble High Court is being following in its letter and spirit?  If not, quote the instances with necessary particulars.

 

17.

Whether the neatliness, hygienic and other living conditions & amenities of the residential colonies of the Judicial Officers are satisfactory? If not, mention the major problems along with your suggestions for the remedy.

 

18.

What is the pendency and clerk ratio in the office of your court? Is it sufficient? If not, what are your proposals?

 

19.

Is the number of process servers for ensuring timely service of processes sufficient?

 

20.

Whether Judicial Officers in the Judgeship have been timely provided SIM, Petrol Reimbursement and Newspaper reimbursement etc.? If not, quantify the delay and reasons therefore.

 

21.

Do you feel that there is certain staff in district judiciary known for their indulgence with local criminal, mafias and  mischievous elements and such identified staff need to be transferred to other districts?

 

22.

Do you feel each judicial officer should be provided with a domestic servant to meet the domestic requirements?

 

23.

Whether the judicial officers need to be spared from the preparation of registers and various statements, so that, they can devote more time to judicial work? Do you feel this work should be discharged by trained and skilled staff?

 

24.

Is the present quota system practical & rational or it needs to be re – looked? If yes, should the present quota system be replaced by ‘Points System’?

 

25.

Do you feel that quota for deciding Civil appeals and temporary injunction applications on merits be suitably increased?

 

26.

Do you think that instead of present system of credit for disposal of bail applications, one day credit should be given for disposal of 30 bail applications to all the Presiding Officers transacting criminal work?

 

27.

Do you think that like High Court, working in subordinate courts should also be of 5 days and  on Saturdays no case work be done to counter lawyers’ strike on Saturdays and Saturdays may be utilized for hearing urgent matters like bails, admission, dictating the judgment and orders etc.?

 

28.

Whether incharge allowance is being given to Judicial Officers? If not, why? (For District Judges only)

 

29.

What protection do you expect against frivolous and baseless complaints?

 

30.

Do you feel that posts of Principal Judge, Family Court and Presiding Officers of Labour Court etc. should be filled up by an officer of District Judge level to increase promotional avenues?

 

31.

Express your views regarding constitution of Indian Judicial Service?

 

32.

Departmental Examination:

(a)      What are your views on the departmental examination for promotion?

(b)      Whether an officer successfully clearing departmental examination should be required to appear in the next examination or should such clearance be held valid for a period of three years?

(c)      Express your views as to whether a Judicial Officer unsuccessful in departmental examination should also be held unfit to hold the post even in officiating capacity?

 

33.

Any other suggestions?

 

Role of Bar and other Agencies

1.

Can a suggestion be made to the Bar Council asking them to introduce 3 months compulsory Induction Training before enrollment as an Advocate?

 

2.

Propose appropriate measures for improvement of relationship and mutual faith for reduction of tension and stress between the Bench and the Bar?

 

3.

Suggest measures to tackle the gradually increasing confrontationist attitude between the Bench and the Bar?

 

4.

Whether there is need for re-examination of the Advocates Act 1961 and Bar Council of India Rules 1975 for controlling undesirable, unprofessional and unethical attitude of the lawyers by restoring the old practice of grant of licence to the pleaders by the District Judges? Whether there is need to move to necessary fora like the Government, the High Court and the Legislature for making suitable amendments in law providing the required authority to the District Judges?

 

5.

Despite all prohibition, the strikes of Bar have not been controlled. What is the course of action adopted by you when a resolution comes? Is it circulated to you formally or informally?

 

6.

Should the Police administration requires to be asked to preserve duplicate Case Diaries so that in case of loss of record it may be used for reconstruction?

 

7.

Do you feel any difficulty in deciding Criminal Cases of lawyers involved in serious offences and therefore in the district of your posting and do you suggest for transfer of such criminal cases of lawyers to other districts?

 

8.

Have you been  provided with suitable government accommodation? If not whether the District Magistrate has been asked to provide the same? In the event of residing in private rented accommodation, whether the Justification Certificate of rent is being made timely by the competent authority and the directions of the Hon’ble Supreme Court are being carried out by the DMs in letter and spirit? If not, quote the instances with necessary particulars.

 

9.

What in your view are the major problems of the district judiciary which can be solved by the State Government and the Legislature alone? Identify atleast 5 such problems?

 

10.

Any other suggestions?