# years instead of calendar years

- **Citation:** C.L. No. 63/IV-b-16/Admn
- **Court:** Allahabad High Court
- **Decided:** 1998-12-10
- **Case number:** C.L. No. 63/IV-b-16/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/years-instead-of-calendar-years-162012
- **Pages:** 3

## Text

32
5.
Property statements are generally submitted by the Officers for financial
years instead of calendar years.
6.
Sometime property statements are not submitted on prescribed proformas
within prescribed time schedule.

I am, therefore, to request you Kindly to bring the above points to the notice of all
the Judicial Officers working in regularline as well as on deputation posts in your
Judgeship for their information and necessary compliance.
C.L. No. 63/IV-b-16/Admn. (A) dated 10th December, 1998
Submission of statements relating to movable and immovable properties held in
each calendar year by the Judicial Officers working in regular line as well as on
deputation.
I am directed to invite your attention to marginally noted court‟s circular letters, on
the above subject and to say that as same-times incomplete information entailed
unnecessary correspondence, the Hon‟ble courts has been pleased to approve
modifications in the profarma appended with C.L. No. 24/Admn. 'A' dated 13.6.1995 for
furnishing statement of movable and immovable properties held/acquired by the Judicial
Officers. A copy of the modified proforma along with specimen proforma is being
attached herewith for your information.
1. C.L.No. 81/IVh-16 dated 20.12.1993
2. C.L.No. 24/Admn. (A)/dated 13.6.1995
3. C.L. No. 37/Admn. (A) dated 8.9.1995
4. C.L. No. 13/Admn. (A) dated 21.3.1997
I am, therefore, to request you to kindly
direct the Officers under you in your
Judgeship to furnish clear and complete
statement of movable and immovable
properties held by them up to
31st December of each calender year on
the present prescribed proforma after clearly filling all the columns and to forward the
same after verifying the strict compliance of the directions contained in the circular
mentioned above.
PROFORMA - 16
Name,
designation
Initial date
of Joining
the official
Service
Name
and age
of family
members
Details of
earning
members
in the
family
such as
their son,
profession
monthly
annual
income
Details of movable
properties
acquired/held in
each calendar year
(exceeding Rs.
10,000/-) i.e. its
value, source of the
amount, date and
year of purchase
with particulars of
information, if any,
furnished to the court
Details of
A/c in
Bank, Post
Office etc.
amount in
balance up
to the
calendar
year and
source of
the
amount
Details of PPF,
FDR, NSE, IVP
and shares,
units and other
investment etc.
along with A/c
No. date of
purchase,
value and
source of the
amount
invested.
Details of
loan
advance
etc. taken
with its
amount
number of
installments,
name of the
bank,
institution
etc.

Annual net
income
from
salary and
other
sources, if
any, with
details of
deduction
Remarks

1
2
3
4
5
6
7
8
9
33
SPECIMEN PROFORMA
SUBMISSION OF COMPLETE STATEMENT OF MOVABLE PROPERTIES
HELD UP TO THE CALENDAR YEAR 1998
Name
des-
ignatio
n and
initial
date of
joining
the
official
service
Name
and age
of family
members
Details
of
earning
members
in
the
family such
as
their
name,
profession,
monthly/
annual
income etc.
Details of movable
properties acquired/held in
each calendar year
(exceeingRs.10,000/-) i.e. its
value, source of the amount,
date and year of purchase
with particulars of
information, if any, furnished
to the court
Details of A/c in
Bank, Post Office
etc. amount in
balance up to the
calendar year
and source of the
amount
Details of PPF,
FDR, NBC or
NSC,KVP.IVP &
shares, units and
other investment
etc. along with
A/c no date of
purchase, value
and source of the
amount
Details
of
loan, advance
etc, taken with
its
amount,
Nos.
of
installments
Name of the
Bank,
Institution etc.
Annual net
Remarks
income
from
salary and
other
sources, if
any
with
details of
deduction
Ram
Kumar,
Civil
Judge
(Sr.Div)
Aligarh
Joined
service
on
5.8.85

Smt.
Archana
(Wife) 40
years
Km.
Aishwarya
(Daughter)
16 Years
Master
Shasha
wat
(Son)
14
years

Smt.
Archana,
profession
Teaching
Income Rs.
72000/ per
annum

1.Ornaments of wife made
of Gold and Silver (Stridhan)
60 Gms. of Gold approx.
vale Rs. 2 ,50,000/- and 1
kg. Silver approx. value
8000/- since before joining
service.

2.One colored T.V. Set BPL
of 1986 (aprox. 12000/-)

3.One VCR BPL of 1986
(aprox. 12000/-)

4.One Scooter Prina No.
UTD 5079 Model 1986
(approx.20,000/-

5.Old Fiat Car No. UMD
4848 Model1986 (Approx.
60,000/-) purchased after
taking car advance from
High Court in 1990 under
intimation to the Hon'ble
Court vide letter dated
7.8.1990

Note : Item No. 1,2,3 & 4
above were received by my
wife in gift at the time of
marriage.
Bank A/c.
1.SB A/c. No.
1506
in
Jaunpur
Balance as on
31.12.98
Rs,.
18479/-

2.A/c. 53/55450
in post office
Aligarh Balance
as on 31.12.98
Rs. 83000/-

3.Joint SB A/c
with wife A/c
No.
7809
in
Lucknow
Balance as on
31.12.98
Rs.12000.09

Note-The
Deposits
were
made
out
of
saving of the year
and
part
of
arrears of new
pay scale from
1.1.96 drawn in
the year.
1.PPF
A/c.
No.388 ub SBI
Aligarh Balance
as on 31.12.98
Rs.20000/-

2.FD
No.
PN/A/2 69364
for Rs. 10000/-
dt. 8.5.93 NSC
dt.
27.3.94
Rs.10000/-
from
P.O.
Sultanpur NSC
dt,
28.2.94
Rs.10000/- LIC
No.l2109765
nnual
subscription to
be
paid
Rs.
5000/-
UTI
MEP
96
Rs.20000 as on
20.1.96
UTIMEP
97
Rs.30,000/- as
on dt. 20.2.97
Note
-
all
investment out of
saving of self and
wife
of
the
respective year.
House
Building
advance
from Hon'ble
High Court
Rs. 24000/-
94
installment
of payment
240 @ 1000
per
month
can advance
Rs. 76000/-
obtained
from Hon'ble
High Court
in the year,
92 (to be
paid in 96
installment
@ 800 per
month
Note
No
loan
has
been taken
from
any
bank.
Annual
gross
income from
salary
Rs.
2,20,000
deduction
HBA 12000
MCA 9600,
GIS,
1440
GPF
48000/-,
House Rent
2520/- Total
91560, Total
2,20,000/-
Less
91560/- Net
128440
Income from
other source
Rs. 72,000/-
72,0000/-
wife's
Salary.

C.L. No. l6 /IV-h-16 /Admn(A)dated 13th May, 2004
Regarding submission of statements relating to movable and immovable property by
all the Judicial Officers.
In continuation of Court‟s Circular letter No. 63/IV-h/16/Admn A Dated
10.12.1998 on the above subject I am directed to say that the Hon‟ble Court has been
pleased to pass orders in the matter of submission of property statement by the Judicial
Officers as follows:-
"That the Judicial Officers be now required to submit property statement at the
time of entering the service and there after at the interval of two financial years
i.e. in every third financial year."
34
I am therefore, to request you kindly to direct all the Judicial Officers posted in
your judgeship to ensure strict compliance of the above order of the Hon‟ble Court in the
matter.
SUBMISSION OF INFORMATION ABOUT PURCHASE OF MOVABLE
PROPERTY BY THE JUDICIAL OFFICERS
C.L. No. 35/IVh-16/Admin.(A)/ dated 23.11.2010
I have been directed to say that the expression "forthwith" in sub-rule (2) of rule
24 of U.P. Government Servants Conduct Rules 1956 connotes "immediately".
Therefore, information required under the said rule must be immediately sent to the
Hon‟ble Court by all concerned.
I am therefore, to request you kindly to circulate this to all the judicial officers
posted in your judgeship as well as the officers working on deputation, for their
information and strict compliance.
(xiv) Lending and Borrowing Money
C.L. No. 22/IV-2100/Admn(A)dated 6th June, 1997
Lending and borrowing money by the Judicial Officers.
I am directed to invite your attention to the provisions of Rule 22 of the
Government Servant's Conduct Rules, 1956, on the above subject and to say that it has
come to the notice of the Court that some time Judicial Officers do not obtain previous
sanction of the Court for borrowing money from any person as required under Rule 22(2)
on the ground that the proviso to Rule 22(2) permits them to accept a purely temporary
loan of small amount, free of interest, from a personal friend or relative.

The court has examined the matter and is of the view that if the proviso is read and
construed in context with Rule 22, it can be safely construed that the proviso to sub-Rule
(2) of Rule 22 is an independent enactment dealing with the borrowing by the
Government servent and its operation is not confined to local limits of the authority of the
Government servant. As clear from difference in language used in proviso to sub-Rule (1)
of Rule 22 dealing with loaning and the proviso to sub-Rule (2) of Rule (22)dealing
with borrowing, the legislative intention appears to discourage and prohibit the borrowing
of higher amounts, which may put the Government servant under financial constraints.
The proviso if given a restricted operation to local limits of authority of Government
servant, he may be left free to indulge in borrowing any amount. Thus very purpose of
Rule 22 shall stand defeated. The purpose of Rule is to provide a check against a
Government Servant to spend money beyond his known sources of means. The word
relative used in proviso to Rule 22(2) includes any relative including wife.
I am, therefore, to request you to kindly bring the contents of this circular letter to
the notice of all the Judicial Officers working under your control for their information
and strict compliance.