TRANSPARENCY IN FUNCTIONING OF JUDICIARY- FRAMING AND IMPLEMENTATION OF CITZENS CHARTER AND TIME NORMS
MANI sharma
From: Mani Ram Sharma
Chairman, Indian National Bar Association, Churu- Chapter
Nakul Niwas,
Behind Roadways Depot
Sardarshahar- 331 403-7 District- Churu (Raj)
INDIA TVC
Email: manira...@gmail.com
Cell: 919460605417,919001025852
Dated: 14th Jun, 2017
A Humble Request to
All the Hon’ble Chief Justices
Of State High Courts
Of Republic of India
Sir,
TRANSPARENCY IN FUNCTIONING OF JUDICIARY- FRAMING AND IMPLEMENTATION OF CITZENS CHARTER AND TIME NORMS
Kindly refer to my earlier communication dated 9th May , 2014 in the matter.
Whereas RTI Act has been introduced to promote transparency and accountability in the working of every public authority the Hon’ble Supreme Court has also held in M/s. Kranti Associates Pvt. Ltd. Versus Sh. Masood Ahmed Khan, “It cannot be doubted that transparency is the sine qua non of restraint on abuse of judicial powers. Transparency in decision making not only makes the judges and decision makers less prone to errors but also makes them subject to broader scrutiny.”
Section 4(1) (b) (iv) of RTI Act says, “Every public authority shall publish within one hundred and twenty days from the enactment of this Act the norms set by it for the discharge of its functions.” It is a matter of pleasure that Hon’ble Orisa High Court has framed comprehensive and detailed norms as given at the end of this communication. Unfortunately most of the High Courts have not set these norms for the sub-ordinate judiciary. Therefore all the other High Courts are requested to frame such norms for the sub-ordinate judiciary and place in public domain for the good of Republic of India. Further the norms should also be fixed by all courts that the cases will be dealt with on FIRST COME FIRST SERVE basis except the special circumstances to be placed on record. It must be noted that the causes- applications/cases etc be disposed of in a time bound programme in the reverse ratio of time allowed for disposal of each type of cases. For example if one Sessions trial case be disposed in 4 days and a 5 Criminal Revisions are to be decided in single day then the time allowed for decision in a criminal Revision should be fixed as 1/20 of an average Sessions case. Most of the Government Departments like banks, Post offices, Insurance and other departments have framed their citizen charters. It is high time that the courts should frame MODEL TIME NORMS for disposal of cases under Citizens Charter and publish it in public domain. These MODEL TIME NORMS be taken for model working of the courts for 2 years and thereafter be given legal status for implementation.
Kindly apprise me of the concrete steps taken by you in this behalf. Meanwhile please acknowledge receipt.
Sincerely yours
Mani Ram Sharma
HIGH COURT OF ORISA
( www.orissahighcourt.nic.in_pdf_rti_RTI.pdf )
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The norms set by it for the discharge of its functions |
The norms/ yardstick of Judicial Officers have been fixed by the Orissa High Court for discharge of their duties as follows. |
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A. DISTRICT JUDGES |
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Nature of cases |
Yardstick fixed |
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1) Special Judge Case (Vig.) |
One in 10 days |
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2) Delhi S.P.E. Cases (C.B.I.) |
One in 7 days |
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3) Sessions Cases |
One in 4 days |
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4) Offence Under IPC exclusively Triable by Court of Sessions along with offence Under S.C. & S.T. (P.A.) Act, 1989. |
One in 4 days |
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5) Offence under S.C. & S.T. (P.A.) Act. 1989 read with other offences under IPC. |
One case in 1 day |
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6) Criminal Appeals |
Two per day from the decisions of Asst. Sessions Judges throughout the State. Three per day from the decisions of the Judicial Magistrates throughout the State. |
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7) Jail Criminal Appeals on contest. |
Two per day from the decisions of Asst. (Disposed of Sessions Judges throughout the State. Three per day from the decisions of the Judicial Magistrates throughout the State. |
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8) Other jail Criminal Appeals |
Eight per day throughout the State. |
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9) Criminal Revisions |
Five Revisions per day |
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10) Original Suits |
One Title Suit in 3 days |
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11) T.M.S., M.S., & other Suits |
One per day |
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12) Civil Appeals |
(a) One Appeal from Civil Judge (Sr.Divn.)/ (Jr.Divn.), Title/Money in one day. (b) One contested Rent Appeal in one day.
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13) Civil Revisions |
Five Cases per day |
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14) Misc. Appeals |
Five Appeals per day |
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15) H.R.C. Appeals |
Same as Title Appeals/Civil Appeals. |
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16) Misc. Cases including Execution Cases. |
Five cases per day |
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17) MISCELLANEOUS CASES |
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a) Cases under sec.166 under the Motor Vehicle Act. |
One case in one day |
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b) Cases under Sec.140 M.V. Act. (Contested) |
Eight Cases per day |
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c) M.V. Appeal |
Three Appeals per day |
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d) M.V. Revision |
Six Revisions per day |
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e) Cases under the Employees State Insurance Act |
One case in one day |
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f) Cases under the Juvenile Justice (Care & Protection of Children) Act.2000 |
One case in one day |
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g) Cases under any other Special Act |
One case in one day |
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h) Cases under N.D.P.C. Act |
One case in two days |
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i) Misc. Cases U/o.21 Rule 58 C.P.C. |
One case in two days |
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j) Petition U/o.21 Rule 97 & 99 C.P.C. |
One case in two days |
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k) Petition U/o.39 Rule-4 C.P.C. |
Eight Cases per day |
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l) Cases under the C.P.C. |
Eight Cases per day |
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m) Crl. Misc. Cases U/s.408 & 440 Cr.P.C. |
Ten cases per day |
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B. CIVIL JUDGE (SENIOR DIVISION) |
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1. (a) Contested Suits (T.S.) (above 50 thousands) |
One in Four days |
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(b) Contested Suits (M.S.,T.M.S. & Other Suits) (above 50 thousands) |
One in two days |
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2. (a) Contested Suits (T.S.) (below 50 thousands) |
One in three days. |
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(b) Contested Suits (T.S.) (below 50 thousands) |
One in 1.5 days. |
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3. Regular Appeals |
i) Two Title Appeals per day. ii) Two Money Appeals per day. |
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4. Misc. Appeals |
Five per day. |
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MISC.JUDICIAL CASES |
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5. (a) Cases under the Spl. Acts. |
Two cases per day. |
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(b) Cases under C.P.C. |
Five cases per day. |
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6. S.C.C. Suits |
Five cases per day |
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7. Final Decree Proceedings |
Five cases per day |
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8. Arbitration Cases U/Ss.5, 8, 11, 13, 20 & 30 of Arbitration Act, 1940. |
Two cases per day |
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9. Essential Commodities(Special Provisions) Act |
Two cases per day. |
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C. ASSISTANT SESSIONS JUDGES |
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1. Sessions Cases |
One case in three days. |
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2. Criminal Appeals |
Four Appeals per day. |
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D. CIVIL JUDGE (JUNIOR DIVISION) |
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1. Title Suits |
One suit in three days. |
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2. Money Suits, T.M.S. and other Suits |
One suit per day. |
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3. Election Cases under the O.G.P. Act. |
The same Yard-stick as prescribed for money suit (one case per day) |
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4. S.C.C. Suits |
Five Suits per day. |
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5. Final Decree Proceedings |
Five cases per day |
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6. Misc. Cases |
Five Misc. Cases per day |
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7. Ex-parte Suits |
15 Suits per day for all |
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8. Total number of days devoted to Judicial Work. Minutes 1/5th part thereof |
All the Dist. & Sessions Judges. All the Principal Civil Judges (S.D.) & Civil Judge (Jr. Divn.). |
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E. CONTESTED CRIMINAL CASES FOR JUDICIAL MAGISTRATES |
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1. Chief Judicial Magistrate |
250 cases per year |
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2. S.D.J.M. taking Cognizance |
200 cases per year |
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3. Judicial Magistrate and S.D.J.M. (not taking cognizance). |
350 cases per year |
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4. Cases U/s. 125 Cr.P.C. |
One case per day |
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5. Enquiries U/s.202 Cr.P.C. |
Five Cases per day |
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6. Petty Offences U/s.206 Cr.P.C. (Motor Vehicle) |
Fifteen cases per day. |
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7. Section 55-A of the Orissa Forest Act,1972 |
Same as Criminal cases. |
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8. Cases on admission in Criminal side (Uncontested). |
Fifteen Cases per day. |
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9. Committal Enquiries |
Three cases per day |
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F. Registers of Civil Courts and in districts where there is no Register, Civil Courts, Civil Judges (Senior Division) functioning as permanent and Continuous Lok Adalats provided they reach the prescribed yardstick/outturn for the days devoted to Judicial work. There will be minimum two sittings per month and the minimum disposal will be as follows: |
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1) Civil Cases - |
2 Civil Cases per sitting (Pre-litigation Cases or cases referred to them by Civil Courts) |
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2. Criminal Cases referred to them by different Criminal Courts |
5 Criminal Cases per sitting |
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Credit will be given of the civil cases and Criminal Cases disposed of in Permanent and Continuous Lok Adalats as per the yardstick prescribed (i.e. 15 cases per day) in the outturn of the respective Judges who have referred the Civil or Criminal Cases to the Permanent and Continuous Lok Adalats. |
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G. INDUSTRIAL TRIBUNAL |
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1. Industrial Dispute Cases U/s.10 & 12. |
One in three days. |
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2. I.D. Misc. Cases (Un-contested) |
Ten Cases per day. |
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3. Misc. Cases U/s.33 |
One in one day. |
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4. Misc. Cases U/s.33(c) |
Two in one day. |
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H. SALES TAX TRIBUNAL |
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1. Under Sec.25 |
One in two days |
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2. Under Sec.41 |
One in four days |
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3. Under Sec.42 |
One in four days |
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4. Under Sec.44 |
Two per day |
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5. Under Sec.68 |
Three cases per Commissioner and five cases per Asst. Commissioner per day. |
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6. Under Sec.(429a) & (b) |
The Asst. Commissioner will not get any credit. |
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(Total number of working days per year is to be treated 240 working days.) |
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