# appointment. It should be clearly understood that the object of the above directions is not to provide employment to impecunious members of the Bar, but to get good men for the benefit of the public…

- **Citation:** C.L. No. 20/Admn
- **Court:** Allahabad High Court
- **Decided:** 1937-03-31
- **Case number:** C.L. No. 20/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/appointment-it-should-be-clearly-understood-that-the-object-of-the-above-163020
- **Pages:** 2

## Headnote

appointment. It should be clearly understood that the object of the above directions is not to provide employment to impecunious members of the Bar, but to get good men for the benefit of the public and so a District Judge should select men who are likely to do well as Oath Commissioners. Other things being equal, however, a legal practitioner with a 104

## Text

103
28.
ABBREVIATED FORM OF CIVIL JUDGE
G.L. NO. 20/97-4(4), dated 31st March, 1937
The abbreviated form of ―Civil Judge‖ or ―Additional Civil Judge‖ should be
―Civil J.‖ or ―Addl. Civil J.‖ In no case should the abbreviation ―C.J. or A.C.J.‖ be used
as they are the recognized abbreviated forms of ―Chief Justice‖ and ―Acting Chief
Justice‖
29.
 INTIMATION OF TELEPHONE NUMBERS
C.L. No. 20/Admn. (E), dated 10th May, 1985
The District Judges are requested to intimate to the Court their present telephone
numbers (office and residence both) and also the telephone numbers of Additional
District Judges and Chief Judicial Magistrate of their district and also the changes which
may take place from time to time in the telephone numbers in future.
30.
OATH COMMISSIONERS
(i)) Appointment and removal
G.L. No 11/452(15), dated 9th March, 1932 as modified and amended by
C.L. No. 65/45, dated 8th December, 1934,
C.L. No. 76/45-22, (3) dated 3rd September, 1936,
C.L. No. 85/45(8), dated 10th October, 1936 and
C.L. No. 6/45-5(1), dated 22nd January, 1937
It is discretionary for District Judges to have the verification of affidavits done by
Munsarims only or to appoint legal practitioner for this purpose. The convenience of
litigants, however, is a matter which should be considered.
It is undesirable that the nomination of legal practitioners for appointment as
Oath Commissioners should be made by the Bar Association, as the obligation of making
proper appointments rests with the District Judge and if he feels that owing to his being
new to the district he requires assistance from others for making proper appointment he
should obtain such assistance from Munsifs and Civil Judges who may be in a better
position to make the necessary nomination. So long as a legal practitioner who has been
appointed an Oath Commissioner is doing his work well, he should not be removed from
the list but he would be subject to removal if his income at the Bar makes it desirable that
he should withdraw his name in favour of a junior.
A District Judge has the power to strike off the name of an Oath Commissioner at
his own instance. He need not wait till the Oath Commissioner asks for the removal of
his name. The term of appointment of Oath Commissioner should be limited to a period
of three years only. In special cases a retiring Oath Commissioner would be eligible for
re-appointment.
It should be clearly understood that the object of the above directions is not to
provide employment to impecunious members of the Bar, but to get good men for the
benefit of the public and so a District Judge should select men who are likely to do well
as Oath Commissioners. Other things being equal, however, a legal practitioner with a
104
small income is to be preferred for this appointment to a legal practitioner who has a
good practice.
C.L. No. 87/VIIIa-27, dated 9th December, 1985
In supersession of the Circular Letters No- 39 dated 22nd July, 1960, Circular
Letter No. 84/VII-d-27 dated 31st May, 1971, C.E. No. 162/VII/d-27 dated 23rd
December, 1971, Circular Letter No. 33/IV-27 dated 18th April, 1973, Circular Letter No
29/VIId-26 dated 25th February, 1974 and Circular Letter No. 38/Vc-94 dated 28th
March, 1976 and any other Circular Letters issued in this regard, the following
instructions should henceforth be strictly observed by all concerned in order to have an
effective control over the appointment, work and conduct of the Oath Commissioners.
1.
The appointment of the Oath Commissioners should be made by the District
Judge after inviting applications from the practicing advocates. For the purpose of
making selection among the applicants, a committee of three officers to be
nominated by the District Judge should be formed. The Committee shall
scrutinize the applications and shall submit a list of Advocates who, in its opinion,
are fit to be appointed as Oath Commissioners. The District Judge shall scrutinize
the recommendation made by the Committee and it shall be within his right to add
or delete, any name(s) from the list submitted by the Committee. While making
appointment of Oath Commissioners, Scheduled Caste and Scheduled Tribe,
Lawyers should also be kept in view.
2.
The term of Oath Commissioners shall be one calendar year. Appointment shall
be made by the end of December and shall be effective from the following 1st of
January till 31st of December. The District Judge may strike off name of any Oath
Commissioner, if it comes to his knowledge that incorrect facts have been
produced by him for securing his appointment as such. The name of the person
including the ones indulging in the malpractice or charging fee higher than
prescribed or verifying affidavits without the deponent appearing before him or
shirking work or engaged in any other sort of malpractice shall be removed from
the list of Oath Commissioners by the District Judge. From out of the Oath
Commissioners appointed by him, the District Judge shall designate one such
Oath Commissioner as Oath Commissioner -in-charge.
3.
The place of sitting of Oath Commissioners shall be fixed by the District Judge.
The duties of the individual Oath Commissioners shall be assigned according to
the place of their practice, that is to say, Civil Court/ or Collectorate. The Oath
Commissioner-in-charge shall assign duties to specific Oath Commissioners
fixing dates and duty hours to ensure that during working hours, Oath
Commissioners are available for verification of affidavits. It shall be the duty of
Oath Commissioners to sit in the office during duty hours for verifying affidavits.
A copy of the schedule of working programme should always be forwarded by the
Oath Commissioner-in-charge for information to the District Judge. Its copies
should be sent to the local Bar Association and it should also be pasted on the
notice board outside the place of sitting of Oath Commissioners for information to
the general public.