# (FROM 1st APRIL, 2011 TO SEPTEMBER, 2016)

- **Citation:** C.L. No. 28/
- **Court:** Allahabad High Court
- **Decided:** 2012-09-18
- **Case number:** C.L. No. 28/
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/from-1st-april-2011-to-september-2016-161930
- **Pages:** 106

## Text

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CIRCULAR ORDERS

OF

THE HIGH COURT OF JUDICATURE

AT

ALLAHABAD

(SUPPLEMENT)

(FROM 1st APRIL, 2011 TO SEPTEMBER, 2016)
[i]

INDEX

CHAPTER-I
JUDICIAL OFFICERS

[1]
ANNUAL CONFIDENTIAL REPORTS
1
(i)
Annual Remarks
1

(ii)
Recording of annual remarks in respect of probationers of
civil judge (Jr. Div.)
1
(iii)
Annual remarks for the year 2013-2014
2
(iv)
Care and caution to be observed in writing Annual
Confidential Remarks
3
(v)
Annual Remarks for the year 2011- 2012
3
[2]
CONDUCT IN GENERAL
4
(i)
Name plates and light on private cars
4
(ii)
Regarding grant of permission to judicial officers for doing
higher studies.
6
[3]
POSTING AND TRANSFER
6
(i)
Annual General Transfer, 2014
6
(ii)
C.L. No. 28/ DR(S)/2012, Dated: September 18, 2012
8
(iii) Posting per interse-seniority
10

Determination of seniority of the officers of Higher Judicial
Service Rank
11
[4]
LEAVE
11

Recess/detention certificate during the summer vacation of
the Officers of U.P. Nyayik Sewa (vacation department)
11
[5]
RESIDENTIAL ACCOMODATIONS
11

Retention of the official residence by the Judicial Officers
after their transfer/ retirement/death
11
[6]
TRAINING
14

Guidelines for sending Training Programme by Training
institutes and application for exemption, if any, to be sent
by Judicial Officers.
14
[7]
Grant under 13th Finance Commission
14
[ii]

[8]
Issuance of health card/authority letter/identification letter
15
[9]
Directions for keeping the closed files regarding a
complaint against Judicial Officer on his/her personal file
maintained under Rule-429 (1) of G.R. (Civil), Vol-I.
15
[10] Modal code of conduct in connection with the visits of
Hon'ble Judges.
17
[11] Quantum of Work for Judicial Officers
17

CHAPTER-II
STAFF

[1]
APPOINTMENTS
30

Adjustment of all Class III, Steno & IV employees of
erstwhile 156 ex-cadre courts in Family courts/regular
courts
30
[2]
RECRUITMENT
30
(i)
Age Limit
30
[3]
ABSORPTION OF EMPLOYEES
31
[4]
TRAINING
31
[5]
Matter relating to sending Non-Gazetted employees on
deputation to foreign service (other department) and
relieving of certain employees of Class III and Class IV of
the District Courts for deputation in Armed Forces
Tribunal, Regional Bench, Lucknow

31

CHAPTER-III
STATEMENTS AND RETURNS

Matter regarding printing/writing full names of the
Presiding Officers in clear and legible handwriting just
below their initials on the Statements.
33
[iii]

CHAPTER-IV
COPIES

[1]
INSTRUCTIONS REGARDING PREPARATION OF
COPIES
34
(i)
Supply of Copy of orders through Photostat, which are
generated by computers
34
[2]
PREPARATION OF COPIES
34
(i)
Issuance of certified copies of the judgments.
34
(ii)
Issuance of copies of records for being used in different
judicial proceedings
35
[3]
According permission for purchase of generator, FAX
Machine, photostat machine, coolers and such other items
required for better functioning of the Court
35
[4]
Download final order of the cases from official website of
High Court proceedings in which have been terminated by
the High Court.
36

CHAPTER-V
INSPECTION

[1]
INSPECTION BY OFFICER- IN-CHARGE
37

CHAPTER-VI
COMMUNIATIONS

[1]
COURIER SYSTEM
38
(i)
Transmission of Dak through Courier
38
[2]
COMMUNICATION BY JUDICIAL OFFICERS
38
(i)
Communication to the High Court
38

CHAPTER-VII
MISCELLANEOUS ADMINISTRATIVE

[1]
MONITORING CELL MEETINGS
39
[iv]

[2]
DISCLOSURE OF SENSITIVE INFORMATION WITH
REGARD
TO
SOME
OF
THE
INTELLIGENCE
ORGANIZATIONS
40
[3]
APPEAL FOR CONTRIBUTION OF ONE DAYS'S
SALARY TO BE DEPOSITED IN THE PRIME
MINISTER'S NATIONAL RELIEF FUND
41

(i)
Appeal for contribution of one day's salary to be
deposited in the Prime Minister's National Relief Fund for
the welfare and rehabilitation of affected population and
development of the affected area.
41
[4]
FAMILY PLANNING
42
[5]
To prevent functioning of Kangaroo Courts within the
jurisdiction of District Courts

43

CHAPTER-VIII
CIVIL CASES

[1]
APPELAS
44

Compliance of the judgment and order dated 18.2.2013 of
Hon'ble Court (Hon'ble Mr. Justice S.U. Khan) passed in
Writ-C No.-8481 of 2013, Anil Kumar Jain Vs. Smt.
Kamla Devi and another.
44
[2]
SUMMONSES AND PROCESSES
45
(i)
Service of summons/judicial processes etc. outside India in
Criminal/Civil & Commercial matters
45
(ii) Compliance of guidelines/orders of Hon'ble Supreme
Court passed in Petition for Special Leave to Appeal (Civil)
No. 33729 of 2010-Subodh Kumar Gupta Vs Alpana
Gupta & Ors.
47

CHAPTER-IX
CRIMINAL CASES

[1]
BAIL
48
(i)
C.L. No. 32/Admin. ―G-II' Dated: Allahabad 26-09-2013
48
[v]

(ii)
Strict compliance of the provisions of Section 437-A,
Cr.P.C.
48
[2]
RELEASE ORDER
51
(i)
Compliance of the direction given by Hon'ble High Court
in Criminal Appeal No. 4072 of 2005, Chandrama @
Magram Yadav & Another vs. State
51
[3]
PRIVILEGES OF LEGISLATURES
52
(i)
Compliance of the direction given by Hon'ble Supreme
Court vide order dated 10.03.2014, in Criminal Misc. Case
No. 536 of 2011- Public Interest Foundation & Ors. vs.
Union of India & Anr.
52
[4]
MEDICO LEGAL REPORT
53
(i)
Forensic Science Laboratory
53
[5]
CHARGE-SHEETS AND FINAL REPORTS
54
(i)
Compliance of the directions given by Hon'ble Court
(Hon'ble Mr. Justice Sudhir Kumar Saxena in Criminal
Misc, Case No.2520 of 2012 (482 Cr.PC.)- Pradeep Kumar
Shrivastava Vs. State Of Uttar Pradesh and others
regarding expeditious disposal of final reports.
54
[6]
EVIDENCE
55
(i)
Guidelines for recording Statement of women witnesses or
victims under Section 164 of the Code of Criminal
Procedure
55
(ii)
Directions in connection with recording evidence of a
medical practitioner
55
[7]
CASES OF JUVENILE
56
(i)
Regular visit of Presiding Juvenile Board, Magistrates from
the other
districts whose children are lodged in the
home in another district.
56
(ii)
Regarding use of the provisions under Section 309 and 327
of the Code of Criminal Procedure during the trial of cases
involving heinous crimes such as rape.
57
(iii)
Compliance of the direction given by Hon'ble High Court
in Criminal Appeal No. 4072 of 2005, Chandrama @
Magram Yadav & Another Vs. State
57
(iv)
Compliance of the direction given by Hon'ble Supreme
Court vide order dated 10.03.2014, in Criminal Misc. Case
No. 536 of 2011- Public Interest Foundation & Ors. vs.
58
[vi]

Union of India & Anr.
(v)
Compliance of the order dated 20.01.2014 passed by
Hon'ble Supreme Court in Criminal Appeal No. 259 of
2009, titled Joshinder Yadav Vs. State of Bihar.
59
(vi)
Compliance of order dated 18.12.2013, passed by Hon'ble
Court in Criminal Misc. Writ Petition No. 1140 of 2013,
titled Pappu Yadav @ Bhoo Prakash Vs. State of U.P. &
others.
60
(vii)
Proforma to be appended with complaint U/s 138 of
Negotiable Instrument Act, 1881
60
[8]
EXPEDITIOUS DISPOSAL
62
(i)
Fast tracking of cases relating to women, juvenile and
Prevention of Corruption Act, 1988
62
[9]
COMPLIANCE OF ORDERS OF SUPREME COURT
AND HIGH COURTS
62
(i)
Direction given by Hon'ble High Court in Criminal Appeal
No. 17410 of 2011- Shaukin v. State of U.P.
62

(ii)
Direction given by Hon'ble High Court in Criminal Appeal
No. 74 of 2001 - State of U.P. v. Gauri Shanker.
63
(iii)
Compliance of guidelines/Judgment of Hon'ble Supreme
Court passed in Criminal Appeal No. 1758 of 2011-
Raghuvansh Dewanchand Bhasin v. State of Maharashtra
& Anr. Regarding guidelines by Court.
63
(iv)
Compliance of the directions given by Hon'ble Court in
Criminal Appeal no. 6776 of 2007- Ajant Singh Vs. State
of U.P. in respect of putting number of cases of special
category like Gangster Act, SC & ST Act etc. and adopting
correct procedure in initiations of proceedings under
Section 446 Cr. PC.
65
(v)
Directions issued by Hon'ble Supreme Court of India in
Writ Petition (C) No. 75 of 2012 - Bachpan Bachao
Andolan vs. Union of India & Ors.
66
(vi)
Compliance of order dated 18.12.2013, passed by Hon'ble
Court in Criminal Misc. Writ Petition No. 1140 of 2013
titled Pappu Yadav @ Bhoo Prakash Vs. State of U.P. &
Others.
67
[vii]

(vii)
Compliance of guidelines/orders of Hon'ble Supreme
Court passed in Criminal Appeal No. 963 of 2010-
Damodar S. Parabhu v. Sayed Babalal H.
67
(viii) Compliance of the direction given by Hon'ble High Court
in Criminal Misc. (P.I.L.) Writ Petition No. 1797 of 2011-
Mohammad Qasim Vs. Union of India and others
69
(ix)
Circulation of the copy of the Judgment dated 22nd
November, 2010 passed by the Hon'ble Apex Court in
Petition(s) for Special Leave to Appeal Crl. No. 9507/2010
(Crl. MP No. 23051/2010) Rajbir @ Raju & Another Vs.
State of Haryana
69
[10]
CRIME AGAINST WOMEN
69
(i)
Compliance of the direction given by Hon'ble Supreme
Court in Writ Petition (Civil) No. 559 of 1994 - R.D.
Upadhyay Vs. State of A.P. and others.
69
(ii)
Regarding use of the provisions under Section 309 and 327
of the Code of Criminal Procedure during the trial of cases
involving heinous crimes such as rape.
70
(iii)
Strict compliance of Sec. 309 of Cr.P.C.
70
[11]
JURISDICTION
73
(i)
Compliance of the directions given by Hon'ble Court in
Criminal Appeal No. 5005/2009, Smt. Manbhawati Pathak
vs. State of U.P. read with Criminal Appeal No.
5298/2009, Shashi Ranjan Pandey vs. State of U.P.
73
(ii) Expeditious disposal of the trial of SC/ST Cases
74
(iii) To ensure speedy trial of cases relating to atrocities on
SC/ST
74
[12]
PROFORMA TO BE APPENDED WITH COMPLAINT
u/S. 138 OF NEGOTIABLE INSTRUMENT ACT 1881
75
[13]
INVESTIGATION
77
(i)
Compliance of guidelines/orders of Hon'ble Supreme
Court passed in Petition for Special Leave to Appeal
(Civil) No. 33729 of 2010-Subodh Kumar Gupta Vs
Alpana Gupta & Ors.
77
(ii)
Forwarding a surrender certificate of convict to Hon'ble
the Apex Court
77
[14]
Clubbing all the Motor Accident Claim Petitions arising
from the same accident
78
[viii]

CHAPTER-X
JUDICIAL-MISCELLANEOUS

[1]
DIARY OF PRESIDING OFFICER
80
[2]
PREPARATION,
PRESERVATION
AND
DESTRUCTION OF RECORDS
80
(i)
Safety of records in the cases where appeal or revision has
been filed in the High Court
80
(ii)
Preservation of Subordinate Court Record
81
(iii) Recording of statements and writing of judgments by the
court of Sessions
83
(iv) Compliance of order dated 12.08.2013 o Hon'ble Court in
Government Appeal No. 6835/2007, State of U.P. vs.
Rahees Ali and others; order dated 31.07.2013 in
Government Appeal No. 1866/1985 State of U.P. vs.
Inamullah and others; order dated 31.07.2013 in
Government Appeal No. 2111/1986, State of U.P. vs.
Satyavati and others.
84
(v)
Handling of Judicial records by outsiders and their
assistance to the employees of the courts.
84
(vi) Prohibition of handling of judicial records by outsiders and
their assistance to the employees of the courts
85
[3]
REQUISITION OF RECORDS
85
(i)
From High Court at Allahabad
85
[4]
WITNESSES
86
(i)
Diet money
86
(ii)
Seeking appropriate budget from the Government under the
head diet money to be paid to witnesses.
86
[5]
LEAGAL AID
86
[6]
DISPOSAL OF CASES BY THE FAST TRACK
COURTS
87
[7]
JUDGMENTS
88
[ix]

CHAPTER-XI
LEGAL PRACTIONERS

[1]
STRIKE/BOYCOTTING OF COURTS BY LAWYERS
89
[2]
Effective implementation of Uttar Pradesh Advocate
Welfare Stamps on Vakalatnamas
89

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90
[3]
Guidelines regarding constructions of Lawyers' Chambers,
Court Building or the like from M.L.A./M.L.C./M.P. Fund
91
1

CHAPTER-I
JUDICIAL OFFICERS

1.
ANNUAL CONFIDENTIAL REPORTS

(i)
Annual Remarks

C.L. No.07/2014/Cf.(C) Allahabad 04.03.2014.

I am directed to request that the Annual Remarks about the work and
conduct of the Officers of Your Judgeship for the year 2013-2014 may kindly be
sent to the Court in requisite proforma latest by 15th of April, 2014.

In this connection, I am to emphasize that he following instructions as
contained in various Circular letters issued by the Court from time to time may be
followed strictly in recording the annual remarks in respect of the Officers working
in your Judgeship:-
(a) The annual remarks should be recorded by you in respect of the Officers
whose work and conduct was seen by you for at least three months or more
during the aforesaid year.
(b) To avoid the confusion, Full name of the Officer with his/her designation
about whom report is being sent, should be mentioned along with No. I, II &
III, if any attached to his/her name.
(c) In case the annual remarks in respect of any Officer is adverse/critical,
wholly or in part, the whole of the remarks should necessarily be
communicated to the Officer concerned and a note to that effect should be
incorporated at the end of the annual remarks before dispatching the same to
the Court.
(d) While recording annual remarks about Additional District & Sessions Judges
you should also express you specific opinion about the quality of their
judicial work in column No.I.(f), in this connection please refer to Court‟s
Circular Letter No. 60/81, dated September 19, 1981.
(e) While recording annual remarks about officers of the rank of Civil Judge (Sr.
Div.)/C.J.M. & Civil Judge (Jr. Div.)/J.M., you should mention specifically
in Column No. 1(g) whether or not the officer was provided with
stenographer. (Refer to Court‟s G.L. No. 1/IV-h-14/90 dated 08.11.1990 and
G.L. No. 28/IV-h-14/90 dated 08.11.1990 and G.L. No. 28/IV-h-14/96 dated
June 1, 1996.

(ii)
Recording of annual remarks in respect of probationers of civil judge
(Jr. Div.)
2

C.L. No.08/2014/Cf.(C), Allahabad 05.03.2014.

I am directed to inform you that the Hon‟ble Court has been pleased to order
that the first Annual Confidential Remarks of newly appointed Addl. Civil Judges
(Junior Division) shall be written by the Director of the Institute of the Judicial
Training Research, Lucknow after assessing the performance during training
period.

I am, therefore, to request you to kindly ensure the strict compliance of the
aforesaid order of the Hon‟ble Court.

(iii) Annual remarks for the year 2013-2014.

C.L. No.08/2013/Cf.(C), Allahabad, dated March 06th, 2013.

I am directed to request that the Annual Remarks about the work and
conduct of the Officers of Your Judgeship for the year 2012-2013 may kindly be
sent to the Court in requisite proforma latest by 15th of April, 2013.

In this connection, I am to emphasize that the following instructions as
contained in various Circular letters issued by the Court from time to time may be
followed strictly in recording the annual remarks in respect of the officers working
in your judgeship:-
(a)
The annual remarks should be recorded by you in respect of the Officers
whose work and conduct was seen by you for at least three months or more
during the aforesaid year.
(b)
To avoid the confusion, full name of the officer with his/her designation
about whom report is being sent, should be mentioned along with No. I, II &
III, if any attached to his/her name.
(c)
In case the annual remarks in respect of any officer is adverse/critical,
wholly or in part, the whole of the remarks should necessarily be
communicated to the officer concerned and a note to that effect should be
incorporated at the end of the annual remarks before dispatching the same to
the court.
(d)
While recording annual remarks about Additional District & Sessions Judges
you should also express your specific opinion about the quality of their
judicial work in column No. I(f), in this connection please refer to Court‟s
Circular Letter No. 60/81, dated September 19, 1981.
(e)
While recording annual remarks about officers of the rank of Civil Judge (Sr.
Div.)/C.J.M. & Civil Judge (Jr. Div.).J.M., you should mention specifically
in Column No. 1(g) whether or not the officer was provided with
3

stenographer (Refer to Court‟s C.L. No. 1/IV-h-14/90, dated 08.11.1990 and
C.L. No. 28/IV-h-14/96, dated June 1, 1996.

(iv)
Care and caution to be observed in writing Annual Confidential
Remarks.

C.L. NO.15/2014/Cf(C) dated: Allahabad 27.05.2014

Upon consideration of one of the suggestions made by the Hon‟ble Judges
who participated in a conference held on 14-15 April, 2012 at National Judicial
Academy, Bhopal on the subject "Enhancing Quality, Efficiency and Timeliness of
Adjudication and Sharing of Experiences" pertaining to care and caution to be
observed in writing Annual Confidential Remarks, the Hon‟ble Court has desired
to impress upon all the District and Sessions Judges to observe absolute care and
caution while recording Annual Confidential Remarks of the Officers under their
Administrative control as that would have positive impact on raising quality of
judgments and increasing efficiency in timely adjudication.

I am therefore to request you to kindly observe these norms in their right
spirit.

(v)
Annual Remarks for the year 2011- 2012.

C.L.No 16/ 2012 Cf. (C) Allahabad Feb. 29, 2012
I am directed to request that the Annual Remarks about the work and
conduct of the Officers of Your Judgeship for the year 2011-2012 may kindly be
sent to the Court in requisite proforma latest by 15th of April, 2012.
In this connections, I am to emphasize that the following instructions as
contained in various Circular letters issued by the Court from time to time may be
followed strictly in recording the annual remarks in respect of the Officers working
in your Judgeship:-
(a) The annual remarks should be recorded by you in respect of the offices
whose work and conduct was seen by you at least three months or more
during the aforesaid year.
(b) To avoid the confusion, Full name of the Officer with his/her designation
about whom report is being sent, should be mentioned along with No. I,
II & III, if any attached to his/her name.
(c) In case the annual remarks in respect of any Officer is adverse/critical,
wholly or in part, the whole of the remarks should necessarily be
communicated to the officer concerned and a note to that effect should be
incorporated at the end of the annual remarks before dispatching the
4

same to the Court.
(d) Which recording annual remarks about Additional District Judges and
Additional Sessions Judges you should also express your specific opinion
about the quality of their judicial work in column No. I.(f), in this
connection please refer to Court‟s Circular Letter No. 60/81,dated
September 19, 1981.
(e) While recording annual remarks about. Chief Judicial magistrate,
Additional Chief Judicial magistrate and Civil Judges (Junior Division),
you should mention specifically in Column No. 1(g) whether or not the
officer was provided with stenographer. (Refer to Court‟s G.L. No 1/ IV-
h- 14/90 dated 08.11.1990 and G.L. No. 28/IV-h-14/96 dated June 1,
1996).

2.
CONDUCT IN GENERAL

(i)
Name plates and light on private cars.

Directions regarding use of beacon lights on the top of the vehicles by Judicial
Officers.
C.L. No.20/Admin. ̳G-II' Dated: Allahabad 25.07.2014.

I am directed to state that Hon‟ble Court has issued following guidelines
pertaining to use of beacon lights on the top of the vehicles by Judicial Officers.
1. No use of beacon light whatsoever will be permitted on a private vehicle of a
Judicial Officer.
2. On official vehicles where beacon light is permitted by the guidelines laid
down by the Supreme Court, the beacon light shall be uncovered only when
the officer concerned is in occupation of the car.
3. In cases covered by 2 above, when the officer is not sitting in the car, the
beacon light shall be covered by a beacon cover.
4. Only District Judges and officers of Higher Judicial Services equivalent to
District Judges
and
Chief
Metropolitan
Magistrate/Chief
Judicial
Magistrates will be entitled to use a beacon light in view of the notification
dated 10 March, 2014.
5. No Judicial Officer in the District Judiciary or in the Registry would be
entitled to use a red beacon light either on official vehicles or on personal
vehicles; and
6. Since the judgment of the Supreme Court delivered in the Abhay Singh vs.
State of U.P. Special Leave Petition (Civil) No. 25237 of 2010 is binding on
all courts, tribunals and authorities in the country, this judgment will
override previous judgments and order of the High Court.
5

I am, therefore, to request you to kindly circulate the aforesaid circular letter
to all the Judicial Officers working under your supervision and control for their
guidance and strict compliance.
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UTTAR PRADESH SHASAN
PARIVAHAN ANUBHAG-4

In pursuance of the provisions of clause(3) of Article 348 of the
Constitution, the Governor is pleased to order the publication of the following
English translation of notification no. 354 /XXX-4-14-8(1)/2013, dated March 10,
2014.
NOTIFICATON No-6/ 354 /XXX-4-14-8(1)/2013
Lucknow Dated: March 10, 2014

In exercise of powers under sub-rule (2) of rule 108 of Central Motor
Vehicles Rules, 1989 and in suppression of notification no 1772/30-4-2007-25p/77
dated 23 August, 2007 and notification no 2008/30-4-2008-25p/77 dated 15
October, 2008 the Governor specifies and directs that any vehicle carrying
following Officers of the State anywhere in the State at the time of duty, shall be
permitted to use blue light on the middle part of the roof of the vehicle:-
1-
Chairman, Board of Revenue,
2-
Industrial Development Commissioner,
3-
Agriculture Production Commissioner,
4-
All Principal Secretary/Secretary
5-
All Director General of Police/Additional Director General of Police,
6-
All Divisional Commissioners
7-
Inspector General of Police (Zone)
8-
Dy. Inspector General of Police (Range)
9-
District Judge and Officers of Higher Judicial Services equivalent to District
Judge.
10- District Magistrate
11- Senior Superintendant of Police/ Superintendant of police (in charge of
District)
12- Chief Medical Officer.
6

13- Additional District Magistrate/City Magistrate/Dy. Collector/Executive
Magistrate (posted in District)
14- Inspector in charge/Station House Officer/Circle Officers/Additional
Superintendant of Police (posted in Districts)
15- Officers posted in Transport, Excise & Commercial Tax Department while
on enforcement duty & Enforcement officers of the Forest Department (in
forest area)
16- Chief Metropolitan Magistrate/Chief Judicial Magistrate as per order of
Hon‟ble High Court Allahabad, Lucknow bench in Writ Petition no 3648
(M/B)/2006

Note-
(1)
Officers of other States of above categories shall be permitted to use light in
U.P. while on Government duty.
(2)
In case the vehicle fitted with blue light on top front is not carrying the
dignitaries, then such blue light shall not be used and be covered by a black
cover.
(3)
Red light shall be permissible to the high dignitaries only on Government
Vehicles.

(ii)
Regarding grant of permission to judicial officers for doing higher
studies.

C.L. No. 35/IV-h-16/Admn(A), dated 04.11.2011.

I am directed to say that if any Judicial Officer during the course of his/her
service, requests to pursue higher studies, he/she has to apply for grant of 'Study
Leave‟ as per rules which will be subject to the discretion of Hon‟ble The Chief
Justice for appropriate decision.

I am, therefore, to request you to kindly circulate it amongst all the judicial
officers posted in your judgeship as well as the officers working on deputation, for
information and strict compliance.

3.
POSTING AND TRANSFER
(i)
Annual General Transfer, 2014.

C.L. No. 31/DR(S)/2013, Dated: Allahabad September 25, 2013.

I am directed to say that in the matter of transfer and posting of the Judicial
Officers, the Court has decided that on completion of normal tenure of posting i.e.
7

(i) three years tenure in the district (ii) two years tenure in an outlying court or at
Sonbhadra upto May 31st, 2014, the Judicial Offices shall be transferred subject to
the following norms:
(I)
The officer will not be posted in his home town.
(II)
He will not be posted to a district where he was earlier posted within 6 years.
(III) He will not be posted to any district falling in the zone in which he was
earlier posted within 3 years.
(IV) He will not be posted to any adjoining district of the other zone.
(V)
That bar on re-posting of an officer in the zone will not apply in cases in
which the officers had been posted for a short period of less than 6 months.
I am to add that the officer transferred/posted on his own request, is not
entitled for any T.A. under Rule 42 of Chapter-IV of F.H.B. Volume-III.
Officer posted in your Sessions Division may kindly be advised accordingly.
These norms shall not, however, be applicable to the District Judge, except no. (1).
In this connection it is also pointed out that the court has divided the State of
U.P. into 7 zones and also formulated guide-lines in the matter transfer and
postings which are enumerated in Appendix "A" annexed herewith alongwith
proforma of application.
This proforma regarding transfer duly filled in, be forwarded to the Section
Officer (Services) on or before 30th day of November, 2013.

DIVISION OF U.P. IN ZONES COMPRISING DISTRICTS AS
FORMULATED BY ADMINISTRATIVE COMMITTEE

(i)
KANPUR ZONE
Kanpur Nagar, Ramabai Nagar (Kanpur Dehat),
Jhansi, Lalitpur, Hamirpur, Jalaun at Orai, Banda,
Fatehpur, Mahoba, Unnao and Chitrkoot.
(ii)
GORAKHPUR ZONE Gorakhpur,
Deoria,
Basti,
Maharajganj,
Siddharthnagar, Faizabad, Sultanpur, Pratapgarh,
Kushi Nagar at Padrauna, Ambedkarnagar at
Akbarpur, Sant Kabir Nagar and CSM Nagar.
(iii)
BAREILLY ZONE
Bareilly, Pilibhit, Rampur, Budaun, Bijnor,
Shahjahanpur, Moradabad, Jyotiba Phule Nagar
and Sambhal.
(iv)
AGRA ZONE
Agra, Aligarh, Mathura, Farrukhabad, Etah,
Etawah, Mainpuri, Firozabad, Hathras, Kannauj,
Auraiya and Kasganj.
(v)
LUCKNOW ZONE
Lucknow, Hardoi, Raebareili, Gonda, Sitapur,
Bahraich, Barabanki, Lakhimpur Kheri, Shrawasti
at Bhinga and Balrampur.
8

(vi)
ALLAHABAD ZONE Allahabad,
Varanasi,
Mirzapur,
Sonhadra,
Ghazipur, Ballia, Mau, Azamgarh, Jaunpur,
Bhadohi at Gyanpur, Chandauli and Kaushambi.
(vii) MEERUT ZONE
Meerut, Muzaffarnagar, Saharanpur, Ghaziabad,
Bulandshahar, Baghpat, Gautam Budh Nagar,
Hapur and Shamli.

GUIDELINES FOR TRANSFER OF JUDICIAL OFFICERS OTHER
THAN DISTRICT JUDGES

(I)
Judicial Officers will be due for transfer on completion of 3 years tenure at
headquarter or 2 years tenure in an outlying courts, or at Sonbhadra.
(II)
No home town district be choiced by the officer.
(III) No choice of station where the officer has been posted during last 6 years be
given.
(IV) No choice of station within a zone in which the officer has been posted
within 3 years be given.
(V)
No choice of adjoining stations of other Zone be given.
(VI) That bar on re-posting of an officer in the Zone will not apply in cases in
which the officer had been posted for a short period of less than 6 months.
(VII) The officers who are serving beyond normal tenure of their posting at the
same station may also send their choice of station.
(VIII) The officers applying for stay/premature transfer may indicate choice of
stations.

(ii)
C.L. No. 28/ DR(S)/2012, Dated: September 18, 2012.
RE: Annual Transfer, 2013

I am directed to say that in the matter of transfer and posting of the Judicial
Officers, the Court has decided that on completion of normal tenure of posting i.e.
(i) three years stay in the district including Additional Chief Judicial Magistrate
(Railways) (ii) two years stay in an outlying court or at Sonbhadra upto July 31st,
2013, the Judicial Officers shall be transferred subject to the following norms:
(I)
The officer will not be posted in his home town.
(II)
He will not be posted to a district where he was earlier posted within 6
years.
(III) He will not be posted to any district falling in the zone in which he was
earlier posted within 3 years.
(IV) He will not be posted to any adjoining district of the other zone.
(V)
The bar on re-posting of an officer in the zone will not apply in cases in
9

which the officers had been posted for a short period of less than 6
months.

I am to add that the Officer transferred/posted on his own request, is not entitled
for any T.A. under Rule 42 of Chapter- IV of F.H.B. volume- III.
Officer posted in your Sessions Division may kindly be advised accordingly.
These norms shall not, however, be applicable to the District Judge, except no (I).
In this connection it is also pointed out that the Court has divided the State of
U.P. into 7 zones and also formulated guide-lines in the matter of transfer and
postings which are enumerated in Appendix "A" annexed herewith along with
proforma of application.
This proforma regarding transfer duly filled- in, be forwarded to the Deputy
Registrar (Services) on or before 30th day of November, 2012.

DIVISION OF U.P. IN ZONES COMPRISING DISTRICTS AS
FORMULATED BY ADMINISTRATIVE COMMITTEE

(i)
Kanpur Zone
Kanpur Nagar, Ramabai Nagar (Kanpur Dehat), Jhansi,
Lalitpur, Hamirpur, Jalaun at Orai, Banda, Fatehpur,
Mahoba, Unnao and Chitrakoot
(ii)
Gorakhpur
Zone
Gorakhpur, Deoria, Basti, Maharajganj, Siddharthnagar,
Faizabad, Sultanpur, Pratapgarh, Kushi Nagar at Padrauna,
Ambedkarnagar at Akbarpur, Sant Kabir Nagar and CSM
Nagar
(iii)
Bareilly Zone Bareilly, Pilibhit, Rampur, Budaun, Bijnor, Shahjahanpur,
Moradabad, Jyotiba Phule Nagar and Sambhal.
(iv)
Agra Zone
Agra, Aligarh, Mathura, Farrukhabad, Etah, Etawah,
Mainpuri, Firozabad, Hathras, Kannauj, Auraiya and Kanshi
Ram Nagar
(v)
Lucknow
Zone
Lucknow, Hardoi, Raebareli, Gonda, Sitapur, Bahraich,
Barabanki, Lakhimpur Kheri, Shrawasti at Bhinga and
Balrampur.
(vi)
Allahabad
Zone
Allahabad, Varanasi, Mirzapur, Sonhadra, Ghazipur, Ballia,
Mau, Azamgarh, Jaunpur, Bhadohi at Gyanpur, Chandauli
and Kaushambi
(vii) Meerut Zone
Meerut, Muzaffarnagar, Saharanpur, Ghaziabad,
Bulandshahar, Baghpat, Gautam Budh Nagar, Hapur and
Shamli.
10

Guidelines for Transfer of Judicial Officers other than District Judges

(I)
Judicial officers will be due for transfer on completion of 3 years stay at
headquarter including, Additional Chief Judicial Magistrate (Railways), 2
years stay in an outlying courts, or at Sonbhadra.
(II)
No home town district be choiced by the Officer.
(III) No choice of station where the officer has been posted during last 6 years
be given.
(IV) No choice of station within a zone in which the officer has been posted
within 3 year be given.
(V)
No choice of adjoining stations of other Zone be given.
(VI) The bar on re-posting of an officer in the Zone will not apply in cases in
which the officer had been posted for a short period of less than 6
months.
(VII) The officers who are serving beyond normal tenure of their posting at the
same station may also send their choice of station.
(VIII) The officers applying for stay/premature transfer may indicate choice of
stations.

(iii)
Posting per interse-seniority

Final seniority of the officers of Higher Judicial Service Cadre.

No. 258/DR(S)/2011 Dated: Allahabad 01.08.2011.

The Hon'ble Court was pleased to constitute a Committee comprising
Hon'ble Mr. Justice D.P. Singh, Hon'ble Mr. Justice Shishir Kumar and Hon'ble
Mr. Justice Sudhir Agarwal. The Committee was constituted to consider the matter
of compliance of judgment dated 13.9.2010 of Hon'ble Apex Court passed in civil
appeal No.1312 of 2005. Ashok Pal Singh and others v. Uttar Pradesh Judicial
Service Association and others and connected appeals and to submit its report. The
final report dated 14.07.2011 of Hon'ble Committee determining final seniority of
officers of Uttar Pradesh High Judicial Service has been accepted by Hon'ble Full
Court in its meeting held on 30.07.2011.

I am further to say that all consequential issues pertaining to fixation of
seniority shall be subject to the order of the Hon'ble Supreme Court in the pending
matter.

I am, therefore, to request you kindly to inform the officers accordingly and
request them to download the aforesaid final seniority list from the official website
of the High Court Allahabad.
11

(iv)
Determination of seniority of the officers of Higher Judicial Service
Rank.

No. 200/DR(S)/2011 Dated: Allahabad 24.05.2011.

In continuation of earlier Court's letter No. 85/DR(S)/2011, dated
03.03.2011, the undersigned has been directed to request you to kindly apprise all
the subordinate officers (Members of the Higher Judicial Service) that they may
file objections with regard to factual inaccuracy or discrepancies in the
report/seniority list enclosed with this letter by 30th of May, 2011 by 5:00 p.m.
positively by any mode including e-mail (services@allahabadhighcourt.in). No
cognizance would be taken of any objections received beyond the prescribed time
limit.

Kindly treat it as most urgent.

4.
 LEAVE

Recess/detention certificate during the summer vacation of the Officers
of U.P. Nyayik Sewa (vacation department)

C.L.No. 20/2011-Admin.(A-II): Dated 13.05.2011.

I am directed to say that the Court has been pleased to pass orders making
following amendments on the above subject :-

"Officers of U.P. Nyayik Sewa will be allowed 10 days recess during
summer vacation (in one stretch and not in part) and they will not be required to
furnish detention certificates."

All the arrangements made by the Court by issuing Circular/General letters
earlier on the above subject may kindly be treated as superseded to this extent.

All the Judicial Officers concerned may kindly be informed accordingly.

5.
RESIDENTIAL ACCOMODATIONS

Retention of the official residence by the Judicial Officers after their
transfer/ retirement/death

C.L. No. 34/Admin. (B-1) Sec., Dated: 09.10.2013.
12

In supersession of Court‟s Circular Letter No. 1/Admin (B-1) Section, Dated
06.01.2010, on the above subject, I am directed to say that in compliance of the
judgment and order dated 5th July, 2013 passed in Civil Appeal No. 4064 of 2004
(S.D. Bandi Vs. Divisional Traffic Officer, KSRTC & others), the Court has been
pleased to frame the following guidelines, for retaining houses by Judicial
officers:-
GUIDE LINES

Norms for filing and processing of representations of Judicial Officers for
retention of official residence after transfer/retirement/death

1)
The District Judges must ensure strict compliance of these Guidelines and
any default must be immediately brought to the notice of the Court by
Fax/Speed Post.
2)
In supersession of all Court‟s Circulars on the subject, a Judicial Officer or
his family member(s) on transfer/retirement/death, as the case may be, shall
not retain official residence (houses belonging to Judicial Department,
houses in the pooled housing scheme and allotted houses), beyond 30 days
from the date of transfer/retirement/death and any default in this behalf shall
constitute misconduct.
Provided that Hon‟ble the Chief Justice or Judge nominated by Hon‟ble the
Chief Justice may after recording sufficient reasons permit retention of the
official residence on the same terms and conditions for a period of one more
month on payment of rent as provided in the G.O. No. R-2/32-2-9R4/69/85,
dated 2nd January, 1992 but in no case the retention shall be allowed beyond
two months.
3)
A Judicial Officer who desires to retain the official residence beyond 30 days
must submit his representation to the High Court through the District Judge
of the Judgeship where he is posted well in advance so as to give sufficient
time for processing of the representation.
4)
In case of transfer, a copy of the representation must also be sent to the
District Judge of the Judgeship from where the Judicial Officer has been
transferred.
5)
Amongst others, the following information must be included in the
representation:-

(a) In the case of transfer, the date of notification by which the Judicial Officer
was transferred, the date he handed over charge and the date when he took
charge at the transferred place.
13

(b) In the case of transfer, the Judicial Officer must also mention whether he has
been allotted any official accommodation at the transferred place and
whether its possession has been given to him.
(c) In the case of retirement/death, the date of retirement/death must be
mentioned.
(d) The reason and the period for which the Judicial Officer desires to retain the
official accommodation.
6)
Upon receipt of the representation the concerned District Judge(s) should
forward it to the High Court within three days by Fax/Speed Post with their
comments. The comments must mention whether the concerned Judicial
Officer has been allotted an official accommodation at the transferred place
and whether any other Judicial Officer of the Judgeship from where the said
officer has been transferred requires the accommodation in his possession.
7)
In case of retirement/death, the representation must also be forwarded by the
District Judge to the High Court by Fax/Speed Post within three days with
comments which should mention whether any Judicial Officer in the
Judgeship requires the said accommodation.
8)
On receipt of the aforesaid representation and comments from the District
Judge(s), the High Court Officer must process the representation with
expedition so that it is placed before the Nominated Judge/Hon‟ble the Chief
Justice with the comments within three days.
9)
Upon receipt of the orders from Hon„ble the Chief Justice, the office must
promptly send the communication by fax/speed post to the concerned
District Judge for information and compliance of the order.
10)
The District Judge, upon receipt of the order from the High Court, must
ensure that service of the order is made upon the Judicial Officer at once and
information about compliance/non-compliance of the order should be sent to
the High Court by Fax/speed Post.
11)
Mere pendency of the representation will not be made a ground to retain the
official accommodation beyond the prescribed period of 30 days and the
consequences enumerated in Clause 2 will follow if the Judicial Officer
retains the official accommodation without any order of Hon‟ble the Chief
Justice or the Judge nominated by Hon‟ble the Chief Justice.

I am, therefore, to request you to kindly circulate the aforesaid Court‟s
guidelines amongst the Judicial Officers posted in your Judgeship for their
information and strict compliance.
14

6.
TRAINING

Guidelines for sending Training Programme by Training institutes
and application for exemption, if any, to be sent by Judicial Officers.

C.L. No.34/DR(S)/2012 , Dated: December 22, 2012.

I am directed to say that Hon'ble Court has been pleased to pass the
following orders:

1. "All the Judicial Officers who are nominated by the Hon'ble Court for
different training programmes are ordinarily required to undergo training as
ordered by the Hon'ble Court.

2. All the District Judges and judicial officers in judgeship and the officer
posted on deputation subordinate to the High Court of Judicature at
Allahabad are informed that if any nominated officer seeks exemption he is
to send his exemption application at the earliest preferably within three days
after receipt of Court's nomination letter.

3. The District Judges while forwarding the letter of exemption of any officer
will first satisfy himself about genuineness or otherwise of the reason shown
by the officer in his exemption application and he will endorse his
satisfaction on the application while recommending.

4. Exemption application normally has to accompany relevant papers to
support the grounds (medical, marriage etc.) duly issued by competent
authority in that connection.