# For emergent processes

- **Citation:** C. L. No. 38/Xf-21
- **Court:** Allahabad High Court
- **Decided:** 1977-02-26
- **Case number:** C. L. No. 38/Xf-21
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/for-emergent-processes-162901
- **Pages:** 3

## Text

71

(x)
Notice, proclamation, injunction or order not
specified above

(xi)
For emergent processes.

(xii)
Cases in which no process fee is chargeable

(a)
(b)
(c) etc.

(xiii) Process fee for commissions

(xiv) Poundage

(a)
When the execution sale is held
either by the Collector or the civil
court Amin or any other person
appointed by the Court

(b)
When the execution sale is
conducted by the Collector

(c)
Mode of paying poundage

(xv)
Amins fee

(a)
Scale of fee

(b)
Mode of Payment

(c)
Wages of chainman and incidental
charges

(xvi) How to file process fee-

Warning: The litigants are advised not to pay more than the
amount displayed in this board. In case there is an excess
charge they should report the matter to the District Judge in
writing for suitable action.

11.
GRIEVANCE REDRESSAL
C. L. No. 38/Xf-21, dated 26th February, 1977
The District Judge should make it known generally that on each Saturday he will
be available for hearing complaints from public between 10.00 and 11.00 AM.
C. L. No. 55/VIIIh-37/Admn.(G), dated 2nd November, 1988
The Court has issued following instructions for the District Judges and the
officers concerned with a view to improve the working in the subordinate courts.
Public complaints

The District Judge should fix a time (preferably 11-30AM) for receiving public
complaints. The complaints should be entered in a register to be kept by the Sadar
Munsarim. The register should be placed before the District Judge in the presence of the
complainant. Many complaints relate to delay in preparation of copies, non-compliance
of requisitions of records by the Record Room, delay in preparation of repayment orders
or lapsed vouchers, delay in disposal of application given long ago and delay in delivery
of judgments etc. Most of the complaints maybe redressed either on the same day of
within a few days thereafter. The litigant public will have confidence that there is
someone in the district who is prepared to redress their grievances.
72
Prompt disposal of cases

There are complaints that officers do not promptly dispose of cases. To avoid it if
the District Judge gets a register maintained by the Readers of all the courts, this can be
checked. When a judgment is not delivered on the date fixed and the case is adjourned to
some other date, whispering commences. Sometimes, deal also takes place. The officer
concerned may be wholly ignorant. When the judgment is delivered on the adjourned
date, someone may have pocketed money in the name of the officer.
Corruption
The District Judge should know his officers. Some of them do not enjoy good
reputation for honesty. If he is prepared to listen and ensure that the name of complainant
will be kept secret, concrete instances may be brought to his notice regarding individual
officers. He may send for the record and see for himself as to how far the complaint is
justified. He may report to the Court for vigilance enquiry. He may send for some judgments of the officers who do not enjoy good reputation and examine the same. He may
call the officer concerned and point out the contradictory approach made in his
judgments on a similar point or discrepant findings recorded. If the officer knows that he
is being watched, the pace of corruption will be certainly checked.
Copying Department
The District Judge should ensure that urgent copies are prepared on the same day
or on the next day and ordinary copies are prepared within 5 to 6 days.
Record Room
The District Judge should ensure that requisition of records are promptly
complied with by the officials of the Record Room. Most of the copying applications are
delayed because of the non-receipt of records and old cases have to be adjourned for the
same reason.
Sons and Relations of Employees
When a new recruitment takes place, employees already working make every
effort that their sons and relations may be selected. As chance would have it, roughly 30
percent of such persons are accommodated. The rest are found below standard. These
sons and relations, however, join service under the patronage and protection of their
elders. Most of them are in disciplined, impertinent and unwilling workers. When other
employees see these employees misbehaving, they follow their example. There is
deterioration in discipline and output of work. It is suggested that all the District Judges
get a list of present sons and relations of class III and class IV employees in their
respective judgeships. One or two transfers may also be made from each district on the
recommendation of the District judge. This alone would provide some deterrent to the
wholly irresponsible and in disciplined section of the employees.
Transfer of cases and distribution of work
The District Judges should assign important work and transfer important cases to
such officers who are capable of disposing of urgent matters promptly and properly. The
District Judges should examine the monthly statements. He should recall cases which are
pending in courts where there is no prospect of their being disposed of on the ground of
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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