# Chairman, Bar Council of Uttar Pradesh has informed that they are correcting their

- **Citation:** C.L. No. 31/2005
- **Court:** Allahabad High Court
- **Decided:** 2005-10-29
- **Case number:** C.L. No. 31/2005
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/chairman-bar-council-of-uttar-pradesh-has-informed-that-they-are-correcting-162025
- **Pages:** 5

## Text

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Chairman, Bar Council of Uttar Pradesh has informed that they are correcting their
Roll. It has come to their notice that some of the Judicial Officers, who were enrolled as
Advocates before their selection in the U.P. Nyayik Sewa and U.P.H.J.S. have not
surrendered their Enrolment certificate. as provided in the Advocates Act. Failure to
deposit enrolment certificates tentamounts to professional misconduct.
On the information given by the Chairman, Bar Council of Uttar Pradesh, Hon‟ble
Court has taken a decision that all the Judicial Officers, who were enrolled as an
Advocate before joining U.P. Nyayik Sewa or Higher Judicial Service be directed to
comply the provisions of the Advocates Act and they should surrender their Advocates
Enrollment Certificate immediately.
I am, therefore directed to communicate you the directions of the Hon‟ble Court for
immediate compliance by the Judicial Officers.
(xxi) Declaration regarding 'marriage' & 'dowry'
C.L. No. 31/2005 Dated 29th October, 2005
Upon consideration of the Government Order Nos. 3760/60-3-04(16 AQ)/2000
dated 30-12-2004, 1107/60-3-05-3(16 AQ) dated 2-5-2005 and 1284/60-3-2005-3(65)
dated 26-5-2005 dealing with declaration regarding marriage & dowry by the government
servent who have been appointed after 31-3-2004 the court has been pleased to direct that
all such judicial officer and supporting staff in the ministrial and inferior establishment of
the district judiciary who have been appointed after 31-3-2004 shall in pertormance of
direction in rule 5(5)(a) of the Uttar Pradesh Dowry Prohibition (First Amendment) Rule,
2004 which cum in to force with effect from the date of their publication in the Gazette
vide notification No. 2457/60-3-3(65)-97 dated 31st March, 2004 Make a declaration
under their signature stating that they have not taken any dowry.
Therefore, I am directed to send out herewith a copy each of the government order
nos. 3760/60-3-04(16AQ)/2000 dated 30-12-2004, 1107/60-3-05-3(16AQ) dated 2-52005 and 1284/60-3-2005-3(65) dated 26-5-2005 with the request that the contents of and
directions in the rule and government orders aforestated, be unerringly gone through all
the way for ensuring strict compliance and declaration meant for well again standards of
public life be furnished by all concerned immediately.
NOTE: Enclosures. (Please See G.O. No. 3670/60-3-04-(16AQ)/2000; dated 30
December, 2004 of Appendix „A‟ in ADDENDA)
[5] G.P.F. PASS BOOK
C.L. No. 22/IV-l201/ General/Admn. (A)/ Dated 6th September1999
Regarding compliance of Govt. Order No. Sa-4-A.G.-57/X-84-510-84, dated 26-12-84,
in respect of preparation, of G.P. Fund Pass Book of Judicial Officers and procedures
to be followed for sanction of 9o% of their G.P. Fund.
I am directed to say that state of U.P. by means of G.O. No. Sa-4-A.G.-57/X-845l0-84 dated 26. 12. 84 has made it mandatory that the G.P. Fund Pass Book of all
categories of its employee shall be maintained from l-4-85 by their Drawing and
Disbursing Officer and payment of 90% of this G.P. Fund shall be sanctioned by their
sanctioning authority on the basis of balance available in their G.P. Fund Pass Book upto
40
the month of retirement. This was done with a view to avoid delay in making payment of
90% of G.P. Fund of retiring/retired Government employees, so that they may not face
any financial hardship after their retirement. But it has come to the notice of this Court
through the applications 425-A of retiring/retired Judicial Officers, received from time to
time from different Judgeships that the following procedures, as required under above
referred G.O. dated 26.12.84, are not being followed:
1.
Drawing and Disbursing parts of the application 425-A are not being filled up
properly by the District Judges/ Drawing and Disbursing officer of concerned
Judgeship after obtaining/receiving the same from retiring/ retired Judicial
Officers. Several times this part has been found to be filled by the retiring/
retired Judicial Officers, whereas the Drawing, and Disbursing parts of the
application 425-A have to be got filled signed and sealed by the Drawing and
Disbursing Officer of the Judgeship or by the District Judge.
2.
Sets of information required in the Drawing and Disbursing part of the
application 425-A are to be filled by the District Judge/Drawing and Disbursing
officer of concerned Judgeship on the basis of calculation sheets of G.P. Fund of
retiring/ retired Judicial Officer on proformaParishistha-(2) for current year as
well as five preceding financial year and on the basis of his original G.P. Fund
Pass-Book.
3.
If the G.P. Fund Pass-Book of retiring/retired Judicial Officer has been got
prepared from the Financial year 1985-86 with correct opening Balance of G.P.
Fund as on 1.4.85 in accordance with provision of G.O. No. Sa-4-A. G.-57/X84-510-84, dated 26.12.84, then under G.O. No. Sa-4-446/X-87-510/8, dated
21-3-87 there is no need to get the calculation sheets of G. P. Fund of the
retiring/ retired Judicial officer prepared on proforma Parishistha-2 for the
current year as well as Five preceding financial year from the month of the
retirement.
4.
District Judge/ Drawing and Disbursing officer of the Judgeship after
completing the Drawing and Disbursing part of the application 425-A, is also
required to obtain the report of the Treasury Officer of the District in respect of
correctness of calculation sheets of G.P. Fund and the calculation in Drawing
and Disbursing part of the aforesaid application, at the place of checking
Accounts Authority in application 425-A, as required under above referred G.
O. dated 26,12.84 before forwarding the same to this Court. In most of the cases
it has been found left as blank.
I am further to say that the foremost reason in not getting the application 425-A of
retiring/retired Judicial Officer, completed in the above stated respect, is the lack of
proper implementation of the provisions of the aforesaid G.O. dated 26-12-84 by which
the Drawing and Disbursing Officer of the Judgeship, even in the case of self Drawing
officer, is empowered to get the G.P. Fund Pass Book of all Judicial officer posted in his
Judgeship, prepared by the bill clerk/ Accounts clerk. But at the time of scrutinizing the
application 425-A of retiring/retired Judicial Officer, it has cometo the notice of this
Court that G.P. Fund Pass-Book of Judicial Officers are not being properly maintained in
41
accordance with the provisions as comprehensively laid down in paras.
It is also pertinent to mention here that if the G.P. Fund pass-book of any Judicial
officer working in your Judgeship has not been prepared yet, then you are requested to
get his G.P. Fund Pass-Book prepared after ascertaining correct opening balance of his
G.P. Fund as on 1-4-85 with the office of Accountant General, Allahabad and by
obtaining, salary statements, duly verified by concerned Drawing and Disbursing
Officer/Treasury Officer showing the amounts having been subscribed by him from
March 85 paid in April 85 till the month of preparation of his G.P. Fund Pass-Book
In view of the frequent problems faced by the Court in getting 90% of G.P. Fund of
retiring/retired Judicial officer sanctioned on the basis of his incomplete application in
above stated respects and to avoid unnecessary delay in correspondence, court has been
pleased to order that the general direction be issued to all the District Judges to ensure the
compliance of G.O. No. Sa-4-AG.- 57/X-84-510-84, dated 26.12.84 before forwarding
application 425-A for sanction of 90% of G.P. Fund to this Court.
You are, therefore, requested kindly to ensure that the G.P. Fund Pass-Book of all
Judicial Officer of our Judge ship are being maintained and application 425-A of retired/
retiring officer be forwarded in accordance with the provision of the G.O. dated
26.12.84, referred to above, so that 90% of G.P. Fund of Judicial Officer can be easily
sanctioned by this Court on their retirement and financial irregularity, if any, can be
avoided.
G. L. NO. 140 26 /IV-1142/ General/Admn. (A)Dated 13th October, 2000
Preparation and maintenance of G.P. Fund pass Book of All Judicial Officers in
accordance with the provisions of G.O. No. Sa-4-AG-57/X-84-510-84, dt. 26.12.84.
In continuation of Court‟s C.L. No. 22/IX- 1201/GeneralAdmn. (A) /dated 6.9.99, I
am directed to send herewith copy of letter No. Nidhi-74/117, dated 16.5.2000 of the
office of Accountant General (A&E)-II, U.P., Allahabad, wherein it has been brought to
the notice of this Court that the G.P. Fund Pass Book system has not been fully enforced
in Judicial Department and Drawing and Disbursing Officers are not maintaining their
G.P. Fund pass Book according to rules as a result of which the discrepancies that have
crept in their Annual statement of G.P. Fund are being removed with great difficulty by
the office of A.G., U.P., Allahabad. They are also facing hardship in making final
payment of G.P. Fund of Judicial Officer. They have also requested this Court to direct
all the Drawing and Disbursing officer (District Judges) to ensure that their G.P. Fund
Pass-Book as well as of Judicial Officers working under them be maintained in
accordance with rules and regulations made by State of U.P. vide G.O. No. Sa. 4-A.G57/X-84-510-84, dated 26-12-84.
I am to add that the instant matter was put before the Court for orders and the court
has been pleased to order that the G.P. Fund Pass-Book of all Judicial Officers be
prepared, maintained in accordance with the provisions of G.O. No. Sa- 4-A.G.-57/X-84510-84, dated 26.12.84 and as asked for in Court‟s C.L. No. 22/IV-120l/ General/Admn
(A) dated 6.6.99, so that Judicial Officers at the time of their retirement do not face any
hardship in getting final payment of their G.P. Fund on account of their incomplete G.P.
Fund Pass Books.
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I am therefore, to request You kindly to look into the mater of maintenance of Your
G.P. Fund Pass Book as wall as of Judicial Officers working in your Judgeship by Bill
Clerks/ Accounts Clerk of your Judgeship under your signature and seal in the capacity of
Drawing and disbursing officer of your Judgeship as envisaged in G.O. No. Sa-4-A.G.-
57/X-84-510-84, dated 26.12.84. Please treat this matter as most Urgent.
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C.L. No. 11 /IV-1483/Admn. (A) Dated 25th February, 2002
Accountability of the District Judges in the matter of payment of 90% of G .P. Fund
as well as preparation and maintenance of G.P. Fund pass-Book of Judicial Officers
of their Judgeship in accordance with G.O. No. Sa-4-A.G.-57/X-84-510-84, dated
26.12.84 and General Provident Fund (Uttar Pradesh) (Second Amendment) Rules,
2000.
I am directed to say that Court‟s C.L. No. 22/ IV-l20l/General/Admn.(A)/dated
6.9.99 (Copy enclosed), was issued to All the District Judges, subordinate to this Court
with a view to get application in form 425-A of retiring Judicial Officers completed in
each and every respect, submitted to this Court along with their G.P. Fund pass-Book
prepared from the financial year 1985-86 and calculation sheets of their G.P. Fund in
accordance with G.O. No. Sa-4-A.G.-57/X-84-510-84, dated 26.12.84 and rule 24 of G.P.
Fund (U.P.) Rules 1985 for sanction of 90% of their G.P. Fund even before retirement to
enable them to receive 90% of G.P. Fund on their retirement. In the above referred
Court‟s C.L. dated 6.9.99, it was also made clear that if the G.P. Fund Pass Book of any
Judicial Officer had not been made, then it could be prepared with the help of Annual
Statement of his G.P. Fund for the financial year 1984-85 issued by Accountant General
U.P., Allahabad and salary statement of his G.P. Fund duly verified by concerned
Treasury Officer from March 1985 till the month of preparation of his G.P. Fund PassBook.
Later on, the importance of preparation and maintenance of G.P. Fund Pass-Book
of All Judicial Officers working in the Judgeship was again brought to the notice vide
Court's Letter G.L. No. 14026/IV-1142/General/Admin.(A)/dated 13,10.2000 (copy
enclosed), attaching therewith copy of letter No. Nidhi-74/117, dated 16.5.2000 of the
office of Accountant General (A&E) II, U.P., Allahabad, wherein it was requested to this
Court that the payment of 90% of G.P. Fund must be sanctioned on the basis of balance,
available in G.P. Fund Pass-Book and for payment of residual amount of G.P. Fund, the
G .P. Fund Pass Book (complete in each and every respect) along with calculation
sheets of G.P. Fund of retiring/retired subscriber. Accountant General U.P., Allahabad,
had further informed in their above-mentioned letter dated 16.5.2000 that they would not
entertain the matter of payment of residual amount of G.P. Fund without G.P. Fund PassBook. Therefore, Learned District Judges were requested, vide above referred Court G.L.
dated 13.10.2000 to ensure preparation of G.P. Fund Pass-Book of All Judicial Officers
working in their Judgeship in accordance with G.O. No. Sa-4-A.G.-57/X-84-5l0-84,
dated 26.12.84 and Court‟s C.L. dated 6.9.99, so as to get their G.P. Fund Account
straight without any difficulty as well as 90% sanctioned by this Court.
Now by bringing amendment in Rule 24 of G.P. Fund (U.P.) Rules 1985,
Government of U.P., Lucknow, vide General Provident Fund (Uttar Pradesh) (Second
Amendment) Rules 2000 has directed that concerned Drawing and Disbursing Officer to
prepare calculation sheets of G.P. Fund of retiring subscriber on proforma Parishistha-2,
of the current year as well as five preceding financial years in triplicate and forward two
sets of calculation sheets along with G.P. Fund Pass Book to the sanctioning authority
alongwith his proposal for sanction of 90% of G.P. Fund of retiring subscriber duly
recommended by senior most Accounts Officer of the Establishment/Treasury Officer of
the District without waiting for application in Form 425-A of retiring subscriber, if he