# inspections to the accused's people on payment of illegal gratification

- **Citation:** C. L. No. 78/VIII-b-121
- **Court:** Allahabad High Court
- **Decided:** 1975-07-25
- **Case number:** C. L. No. 78/VIII-b-121
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/inspections-to-the-accused-s-people-on-payment-of-illegal-gratification-162906
- **Pages:** 3

## Text

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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:-
75
FORM
Date, Month and Year
Case
Number
Name of
Parties
Counsel's
Name
Purpose
Date fixed in
adjourned cases
Remarks
1
2
3
4
5
6

The readers are directed to strictly follow the instructions contained in above
mentioned Circular (vide C.L. No.10/VIIIb-121 dated 30th Jan., 1979.)
(3)
Summonses should be sent to the nazarat without delay after they have been
received duly filled up from the parties concerned,
(4)
Dasti summonses and urgent orders should whenever possible be delivered or
issued within two days of the passing of the order allowing dasti summons.
(5)
Emergent Processes, if received by 2 p.m., should be sent out for service by the
next day, and other processes as soon as possible.
(6)
Process-servers should, as a rule, go to the person seeking service or to his agent
if so mentioned in the summons, in case the. person seeking service or his agent
lives in the same village or quarter in which the person sought to be served
resides.
(7)
No clerk should, under any circumstances, be allowed to bring any private person
into the office to help him in the discharge of his official duties. If any breach of
this rule is brought to the notice of the court concerned serious action should be
taken against the clerk concerned.
(8)
All clerks and munsarims should, as a rule, have orders passed on all applications
on the next day of their being presented in the presence of counsel for the parties
and if for any reason the application cannot be so disposed of, the presiding
officer of the court should note the reason in his own handwriting.
(9)
Urgent applications may be presented to the Reader and he should, whenever
possible, put them before the court on the day of presentation and obtain the
orders of the court in the presence of counsel for the parties.
(10)
Applications for amendment of decrees should be carefully scrutinized and in
every case it should be noted whether the mistake is intentional or accidental. A
clerk who is found to have been guilty of preparing wrong decrees, or of
including a set of expenses in the memo of costs in certain decrees and without
valid reasons not including these in others of a similar nature should be severely
dealt with.
(11)
Small Cause Court decrees may (notwithstanding the provisions of Order XX,
rule 21, Civil Procedure Code), however, be shown to counsel who want to see
them.
(12)
The presiding officers should come to court in time.
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C.L. No. 4/V-58, dated 27th January, 1949
(13)
On coming to court the presiding officer should first take applications and pass
orders thereon and no application should be taken after the fixed hour except
those in which limitation may be expiring.
(14)
No one should be allowed to approach the Ahalmad and Readers for making
enquiries with regard to cases.
(15)
Reader's diary should be kept on the table in the courtroom where counsel for the
parties sits.
C.L. No. 128 dated 6th October, 1975
(16)
District Judges should keep a vigilant eye on such officials against whom
complaints from public are received and they should also depute a senior officer
to inspect the work and movement of such officials by paying regular and surprise
visits. Name plates bearing the name of the official deputed to work on counters
should also be placed according to the instructions contained in D.O. Letter no.C61(7)/75, 0& M dated July 25, 1975 of the Chief Secretary to the Government.
C.L. No. 28 dated 3rd April, 1965.
(17)
As observed by the Chairman of the Committee for Investigation of Causes of
Corruption in subordinate courts in U.P. much control could be exercised on the
dilatory tactics of judgment debtors by court's vigilance and judicious use of the
provisions of C.P.C.
C.L. No. 40/V-e-58, dated 18th March, 1971
(18)
Notice on wooden boards at prominent places be displayed in every office and
court to the effect that acceptance and demand of bribe are illegal and if any one
demand bribe or tries to extort money, complaint should be made at once to the
Presiding Officer or the District Judge.
Whenever an oral complaint is made against any official the presiding
officer should see whether there is any substance in the complaint and they
proceed to take suitable and prompt action against the official concerned after
recording the statement of the complainant. In case of a written complaint, a
statement on oath of the complainant should be recorded without delay and
further action taken thereafter against the official concerned
C.L. No. 7/Ve-58/78 dated 6th October, 1978
Instructions contained in the above C.L. should be strictly complied with.
C.L. No. 149/V-e-58 dated 26th September, 1974
Presiding Officer/Officer-in-Charge should see that complaints, where there
might be any possibility of bribery or corruption, are not kept pending for long and are
disposed of promptly.