# ensure that the work of the Prescribed Authority, Rent Control Appeals and Revision

- **Citation:** C. L. No. 49/Ve-60/Admn.(D)
- **Court:** Allahabad High Court
- **Decided:** 1985-09-21
- **Case number:** C. L. No. 49/Ve-60/Admn.(D)
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ensure-that-the-work-of-the-prescribed-authority-rent-control-appeals-and-162904
- **Pages:** 2

## Text

73
other work, and transfer the same to courts where the same can be disposed of. There is
no point in transferring cases to courts without taking into consideration the quantum of
disposal. The District Judge can redistribute the work after taking over in a district to
ensure that the work of the Prescribed Authority, Rent Control Appeals and Revision,
Appeals under the U.P. Imposition of Ceiling and Land Holdings Act and important civil
and criminal cases are heard by such officers who are capable of disposing of such
matters promptly and properly. The distribution of work should not be left to the officials.
This is a work, which the District Judge is required to attend to personally.
Corruption among Class III and Class IV employees
Whenever a District Judge receives a complaint against a Class III or a class IV
employee of the judgeship, he should refer the matter to a standing committee of three
officers one from the rank of Additional District Judge, one from the rank of Civil Judge
or C.J.M. and one from the rank of Munsif-Magistrate of at least five years standing. The
Standing Committee should examine the matter and submit a report to the District Judge
promptly but not later than a week. If the report shows that a prima facie case has been
made out, the District Judge may appoint an Enquiry Officer, charges should be framed
and an appropriate enquiry ordered. Thereafter, the enquiry may proceed in accordance
with the rules and on his report being submitted, the District Judge should pass
appropriate orders. A departmental enquiry should be expeditiously held and firm action
should be taken.
C. L. No. 49/Ve-60/Admn.(D) dated 21st September, 1985
The District Judge should constitute an Advisory Committee consisting of two
judicial officers for looking into the grievances and problems of the employees of the
judgeship.
C. L. No. 2/Ve-60/Admn.(D) dated 11th January, 1988
District Judges, should follow the instructions issued in the aforesaid circular
letter strictly with particular attention to the constitution of the Advisory Committee
which should' not be delayed.
12.
MEASURES TO PREVENT CORRUPTION
C. L. No. 3 dated 3rd February, 1976
It is the duty of every judicial officer to see that no form of corruption prevails in
his court or office. There are many sources of corruption, which an officer can easily
eliminate without moving from his chair, but with a little care. Some of them are:
(1)
Peshkars charge money from litigants for informing them of the date fixed
in cases. To abolish this, the officer must himself announce the date fixed,
loudly to the hearing of the litigant. In addition he should see that the
Peshkar writes down the date on a slip of paper and after signing it hands
it to the parties or their pleaders, in the officer's presence.
(2)
The Magistrates should never grant the first remand to the police until they
have handed over all the requisite papers to the court clerk. This is
necessary to eliminate the corruption rampant in the police clerks in
keeping the papers with them for the purpose of giving surreptitious
74
inspections to the accused's people on payment of illegal gratification.
This source of corruption has been eliminated in the courts of those
Magistrates who are strict in not giving the first remand until the papers
have been received.
(3)
Common experience is that A.P.P. does not give a report on bail
application even for contesting it unless he is paid. This form of corruption
can be eliminated. To this end the procedure should be that bail
applications are entertained directly by the officers after service of its copy
on the A.P.P. leaving it to the A.P.P. to appear and oppose it at the fixed
time when it will be heard by the court. The practice of asking the litigant
to obtain a report from the A.P.P. before entertaining the bail application
must be given up.
(4)
Experience is that the clerk who prepares the warrant rehai commits minor
mistakes in cases in which he is not paid by the accused's people.
Similarly, the peon who takes the warrant rehai to the jail makes delay so
as to reach the jail after the closing time, in cases, he is not paid. To
eliminate this source of corruption ;the clerk as well as the peon should be
told that if they commit even a minor mistake or do not reach the jail
within time, it would be presumed that they have done so for dishonest
and ulterior motives and that stern disciplinary action will be taken against
them. In such cases disciplinary action should be taken whenever an
occasion arises.
(5)
The procedure for verification for surety bonds, should after a discussion
among the officers, be made uniform in the judgeship.
G. L. No. 51/46/120-92 dated 13th December, 1939 modified by
G. L. No. 14 of 1940
(1)
Repayment orders should ordinarily be issued within seven days of the granting
of the application by the court. Presiding Officers should periodically examine
the register of applications for repayment of deposits and see that this is being
done.
(2)
When dates have been fixed in cases, they should be entered in the diary by the
clerks-concerned within three days.
The diary should be kept complete and placed on the table of the munsarims
between 12 noon and 4 p.m. on each working day and should be open to inspection by
the lawyers or their registered clerks or the parties.
C. L. No. 78/VIII-b-121, dated 6th November, 1973
The Readers of the courts doing exclusively criminal work should maintain
a diary in the following proforma:-