# not be transferred when a court is shifted, having regard to the provisions of Rule 269

- **Citation:** C.L. No. 3/39C
- **Court:** Allahabad High Court
- **Decided:** 1950-03-30
- **Case number:** C.L. No. 3/39C
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/not-be-transferred-when-a-court-is-shifted-having-regard-to-the-provisions-of-162323
- **Pages:** 2

## Text

195
The Hon'ble Chief Justice and Judge have been pleased to direct that the person
appointed under Rule 269 of the General Rules (Civil) in Subordinate Civil Courts shall
not be transferred when a court is shifted, having regard to the provisions of Rule 269.
It has further been directed that if any employee, who had been appointed under
Rule 269, had been transferred at the time of shifting of the court, such an employee shall
be recalled back to the district in which he had been appointed under Rule 269 and his
continuance will depend upon the fulfilment of requirements of Rule 269.
[13] CHARGE LIST
C.L. No. 3/39C dated 15th January, 1970
In order to fix responsibility for loss of a record during taking over or making over
charge by office assistants, following procedure should be followed:
(i)
The assistants proposed to be transferred should be given information of
the proposed transfer at least one week before the actual date of transfer.
(ii) They should prepare a list of records in their possession with the help of
the registers maintained. Records requisitioned from the courts or recordroom should also be included in that list.
(iii) At the time of making/taking over charge, the successor should physically
check the records with that list and sign it in lieu of receipt. That receipt
should be counter signed by the Munsarim of the court concerned in which
the transferred assistant had been working before his transfer.
(iv) Three copies of such list should be prepared one copy should remain with
the Munsarim of the court concerned; one with the transferred assistant
and one with the successor.
Further, the rules prescribed in connection with the movement of records and books
should be followed strictly in order to avoid loss of record from the record room or a
book from the library.
[14] COMPLAINTS, DISCIPLINARY PROCEEDINGS, PUNISHMENTS AND
APPEALS
(i) Complaints
C.L. No. 79/Admn. (D) dated 1st August, 1978
The Presiding Officers and the Officer-in-charge, Amanat should keep strict
supervision and control over the Amins and their work, and whenever there is a
complaint of corruption against an Amin, it should be enquired into promptly and if
found correct, the Amin should be given deterrent punishment.
G.L. No. 4/X-31 dated 4th March, 1952
Al1 complaints against members of the Subordinate Staff of the Judicial
Department should be enquired by the local head of the office.
C.L. No. 12/Xf-21 dated 25th January, 1957
Whenever a complaint under the complaints Scheme is referred by the District
Magistrate, District Judges should promptly inform him whether or not they wish the
matter to be enquired into by the Complaints Organization.
196
C.L. No. 14/Ve-58-1 (6) dated 10th April, 1947
All subordinate courts should co-operate with the District Anti-corruption
Committee in the eradication of bribery and corruption.
(ii) Disciplinary proceedings
C.L. No. 7/VIIIf-30 dated 18th January, 1951 and
C.L. No. 51/Ve-5 dated 18th May, 1951
Numerous cases of disciplinary proceedings against government servants in civil
courts have come to the notice of the Government in appeal which revealed that one
irregularity or the other was committed during the proceedings, thereby vitiating the
order of punishment. Such orders have to be declared null and void and the government
servants re-instated in service or the proceedings have to be held de nove. To avoid the
embarrassment and the expenditure which is thus caused, the whole procedure to be
followed in such cases was communicated to all Heads of Departments in G.O. No. 01827/IIB-641-41, dated March 30, 1950 and it was pointed out that it shall be the direct
responsibility of the punishing authority to ensure that the statutory provisions of rule 55
of the Civil Service (Classification, Control and Appeal) Rules, read with Article 311 of
the Constitution of India are scrupulously observed in all such cases.
C.L. No. 97 dated 7th June, 1976
Invites attention of the District Judges to the provisions of the U.P. Subordinate
Courts Staff (Punishment and Appeals) Rules, 1976 which deal with the procedure for
taking disciplinary action against officials of civil court.
C.L. No. 107/Ve-5/Admn (D) dated 27th November, 1990
Expeditious disposal of inquiries pending against suspended employees.
I am directed to say that the instances have come to the notice of the Court that
after suspension of an employee neither any inquiry officer was appointed nor the charge
sheet was served upon him for a considerable long lime. This is against the settled
principles of law that a suspension order cannot continue endlessly without issuing a
charge-sheet.
I am, therefore, to say that whenever an employee is placed under suspension there
should be no delay in serving the charge- sheet and holding an enquiry against the
suspended employee and the enquiry should be concluded as expeditiously as possible.
C.L. No.69/2007Admin(D) : Dated : 13.12.2007
Expeditious disposal of the disciplinary proceedings

It has been observed by the Hon'ble Court that a large number of the disciplinary
proceedings are pending in various judgeships even after the retirement of the official
concerned . Viewing it with concern the Hon'ble Court has desired that keeping the
departmental proceedings pending for a considerable long time is prejudicial both to the
interest of the administration as well as to the interest of the official concerned as on the
one hand it would grant the guilty official continued opportunity to persist with
wrongdoing consequently jeopardizing the cause of administration while on the other
hand the innocent official would be adversely affected in getting his monitory and career
related dues on time .Therefore it has been desired by the Hon'ble Court that such
inquiries must be completed with in a period of three months.