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Criteria for assessment of work done by the officers of Delhi Higher Judicial Services and Delhi judicial services

Hon’ble Acting chief justice and Hon’ble judge of the court have been pleased to revise the criteria for assessment of work done by the officers of Delhi Higher Judicial Services and Delhi Judicial Services. The revised criteria will be implemented with effect from 1st July 2018.

CRITERIA LAID DOWN BY THE DELHI HIGH COURT FOR QUANTITATIVE ASSESSMENT OF WORK DONE BY THE OFFICERS OF DELHI HIGHER JUDICIAL SERVICES AND DELHI JUDICIAL SERVICES

General guidelines:

  1. The judicial officer will submit statistics regarding pendency/ disposal on monthly basis to the District&Session Judge who shall have the same compiled and kept updated for submission to the High Court.
  2. Assessment on the basis of the following scale will be done on the quarterly basis [i.e January to march (first quarter); April to June (second quarter); July to September ( third quarter); and October to December (fourth quarter)]

SCALES OF NORMS FOR ONE QUARTER

Above 400                            :   outstanding

350 Units to 400 Units      :  Very Good

300 units to 350 Units       :  Good

Less than 300 Units          :   Inadequate

Notes:

  1. The number of working days in a quarter is assumed to be 75 (25 days per month). In case of the decrease in the number of working days in a quarter on account of vacation. court holidays or absence of judicial officer on account of leave or any official reason, the target of the unit will decrease proportionately.
  2. Subject to the reasonable justification, if minimum requirement of disposal of the contested cases as specified in the respective norms is not met, the judicial officer will be graded as inadequate regardless of unit earned in that quarter.
  3. In order to be rated outstanding for performance on above scale, subject to attaining the requisite number of units, a judicial officer must also ensure that the cases decided in the quarter include at least one-third of the twenty old cases (other than those subject to stay proceeding) pending in the concerned court.
  4. Subject to the above, in case a judicial officer decides over and above the specified minimum threshold requirement, s/he shall be entitled to additional of bonus units on the following scale:
    1. More than 125% of minimum threshold requirement: 5% of unit earned
    2. More than 150% of minimum threshold requirement: 10% of unit earned

c. All units are for disposal of contested cases unless specified otherwise.

d. A contested case means one in which a reasoned judgment is rendered after the conclusion of evidence and hearing of parties. The expression will not include cases settled in Lok Adalat or Judicial settlement or through mediation or plea bargaining. In Criminal cases, it would not mean or a case decided on the basis of the plea of guilt of accused, compounding, withdrawal of the case u/s 321 of Cr.p.c, withdrawal or dismissal of the criminal case in default and case in which evidence is recorded in the absence of accused u/s 299 pf Cr.p.c. In civil cases, it would not include final disposition of the case on the return of the plaint (Order VIII Rule 10 & Rule 10A CPC), rejection of plaint ( Order VII Rule 11 CPC), judgment on admission (Order XII Rule 6 CPC) or judgment passed after denial of leave to contest.

e. The credits of units for the recording of evidence of a witness would be admissible after completion of examination-in-chief and cross-examination.

f. (i) The district and session judge and Administrative civil judges (ACJs), on account of heavy administrative work, shall be expected to give 50% of the units on the above-mentioned scale.

(ii) Officers-in-charge looking after work of Administration, Vigilance, Litigation, Judicial or general branches, Controlling officer (Account) and chief metropolitan magistrate in various districts, on account of additional administrative work shall be expected to give 80% of the units on the above-mentioned scale.

g. In order that some judicial officers do not get overlooked with administrative work that affects their judicial performance, the District & Session judge take care that the administrative work and responsibilities are evenly distributed amongst all judicial officers under their respective control.

h. if the total number of units have a fraction at the end of the figure will be rounded off to next whole number.

i. If any judicial officer gives the disposal less than the norm “good”, s/he shall give the reason for the same and also the plan of action to improve disposal in future.

j. The units shall be calculated as per norms indicated in Table – A for officers of Delhi Higher Judicial Services and Table -B for offiers of Delhi Judicial Services.

 

Table – A

PART-1 CRIMINAL JURISDICTION- ADDITIONAL/SESSION JUDGES & SPECIAL JUDGES

[Norms for officers of Delhi Higher Judicial Services]

A.      STAGE WISE CREDIT OF UNITS UNITS
I.                 Session Trial/Trial before special Judges (other than PC Act)

1.      Order on Charge/Discharge & Framing of charges (if not conceded)

2.      Dropping of witness as a result of admission u/s 294 Cr.p.c

3.      Recording of witness

a.      Material Witness (Complainant/ Victim/ eye witness/ Child witness/expert, or recovery witness/IO)

b.      Formal Witness

4.      Statement of accused under Section 313 Cr.p.c

 

 

 

 

 

II.               CBI/ Prevention of Corruption Act & Money Laundering cases:

1.      Order on Charge/Discharge & Framing of charges (if not conceded)

 

2.      Dropping of witness as a result of admission u/s 294 Cr.p.c

3.      Recording of witness

a.      Material Witness (Complainant/ Victim/ eye witness/ Child witness/expert, or recovery witness/IO)

b.      Formal Witness

4.      Statement of accused under Section 313 Cr.p.c

 

½ Units

¼ Per Witness

 

1 Unit Per Witness

 

¼ unit per witness

1 unit per case and additional ½ unit per additional statement (when accused are more than one)

 

 

1 unit-Trap cases

8 Units – Other cases

¼ Per Witness

 

3 Units per Witness

 

½ Unit per Witness

4 unit per case and additional 1 unit per additional statement (when accused are more than one)

 

B. CREDITS OF UNIT OF JUDGMENT
I.                 Cases of Culpable Homicide, Section 306 r/w 498A, 304B, 364A IPC, TADA, POTA, UAPA, MCOCA, PMLA, POCSO, and Official Services Act

 

 

 

II.               Criminal cases other that #I above and #III below

 

 

 

 

III.              CBI/ Prevention of corruption Act cases:

1.      Trap cases

 

 

 

 

 

 

2.      Disproportionate assets [Section 13(1)(e) Prevention of Corruption Act

 

 

 

3.      Other Cases

10 Units per case

(12 Units for case more than 5 years old)

 

8 Units per case

(10 Units for case more than 5 years old)

 

 

12 Units per case

(15 Units for case more than 5 years old)

 

25 Units per case

(30 Units for case more than 5 years old)

 

30 Units per case

(35 Units for case more than 5 years old)

 

C. MISELLANEOUS WORK/ APPLICATIONS UNITS
1.      Courts of special judges (PC Act, POCSO, NDPL etc)

 

 

2.      Criminal cases other than #1 above

 

 

3.      Bail application

1 Unit per working day

 

½ Unit per working day

 

¼ Unit per working day

D. APPEALS, REVISION, REFERENCE UNITS
1.      Criminal appeal decided on merit

2.      Criminal appeal decided on merit more than 5 years old

3.      Criminal appeal if remanded back

4.      Criminal revision decided on merit

5.      Criminal appeal decided on merit more than 5 years old’

6.      Reference made to the high court

3 Units

4 Units

1 Unit

1 ½ Units

2 Units

2 Units

 

Note: Subject to reasonable justification if a minimum of 9 contested case per quarter is not decided by the judicial officer (other than cases under PC Act) s/he will be graded ‘inadequate’ regardless of units earned in that quarter.

 

Table – A

[Norms for officers of Delhi Higher Judicial Services]

Part-II CIVIL JURISDICTION- ADDITIONAL/SESSION JUDGE and TRIBUNALS

A.      STAGE WISE CREDIT OF UNITS UNITS
I.                 Civil Courts (Including Tribunals) other than #II below

1.      Examination of parties by the court (Order X CPC)

 

2.      Admission/denial of documents

 

3.      Settlement of /issues

4.      Recording of evidence

a.      Parties to Witness

b.      Other Witness

II.               Family Courts/IPR/Probate cases/Partition Suits

1.      Examination of parties by the court (Order X CPC)

2.      Admission/denial of documents

3.      Settlement of /issues

4.      Recording of evidence

a.      Parties to Witness

b.      Other Witness

 

 

¼ Units per statement

¼ Units

 

½  Unit

 

1 unit per witness

¼ unit per Witness

 

½ unit per statement

¼ unit

½ Per

 

2 Units per Witness

¼ Unit per Witness

 

B. CREDITS OF UNIT OF JUDGMENT
I.                 Regular Civil suits/ Summary suits after granting leave to defend/ case of IPR/ Election petitions/ trust act/ wakf act

 

 

 

II.               Probate cases

 

 

 

 

III.              Suits for partition or rendition of accounts:

1.      Preliminary decree

 

 

 

 

2.      Final decree

 

 

 

IV.              Family Courts

1.      Interim order (Maintenance/Custody/ Guardianship/ Visitation etc)

2.      Restitution of conjugal rights/ Judicial separation/ Injunction simplicitor/ Permanent alimony or for alteration of such order

 

3.      Dissolution of marriage by mutual consent

 

 

4.      Cases other than above

 

 

V.               Cases before authorities under the industrial disputes act and motor vehicle act

 

VI.              Land acquisition cases

 

 

 

VII.            In all above categories judgment on admission/ rejection of plaint/ refusal to grant leave to defend

 

 

 

 

 

 

 

VIII.          Compromise/settlement (including by Mediation) or Ex-parte judgment

 

IX.              Cases under other statutes not specifically mentioned/ reffering parties to arbitration under section 8 of arbitration & conciliation act

 

 

 

8 Units per case

(10 Units for case more than 5 years old)

 

10 Units per case

(12 Units for case more than 5 years old)

 

 

6 Units per case

(8 Units for case more than 5 years old)

 

6 Units per case

(8 Units for case more than 5 years old)

 

2 Units

 

4 Units per case (6 Units for case more than 5 years old)

½ unit on each motion

 

10 units (12 Units for case more than 5 years old)

3 Units (5 Units for case more than 5 years old)

5 Unit (7 Units for case more than 5 years old)

 

3 units per case for part decree (4 Units for case more than 5 years old),

4 units per case for final decree (5 Units for case more than 5 years old)

 

2 Units

 

 

2 Units

C. MISELLANEOUS WORK/ APPLICATIONS UNITS
1.      Ex parte injunction/interim award in MACT etc

2.      Ad-interim injunction application or application under order 39 rule 2A CPC in IPR cases

3.      Ad-interim injunction application or application under order 39 rule 2A CPC other than #2 above

4.      Application under section 9 of arbitration & conciliation act

5.      Objection u/s 34 of arbitration & conciliation act

6.      Application for revocation u/s 263 of Indian Succession Act

7.      Return of plaint and Withdrawal of suits/ application for amendment of pleadings/ for impleadment of parties or for interrogation

8.      Application under Order 9 rule 13 CPC or objection to execution application under order 21 CPC (contested)

 

9.      Application other than other categories

 

10.   Execution of decree or award

 

 

 

11.   Effect of settlement (for family courts only)

 

½ Unit

3 Units

 

2 Units

 

1 Unit

4 Units

6 Units

½ Unit

 

2 Units

 

1 Unit for 10 Application

2 Units (if contested by filing objection) ½ uncontested

 

1 unit per working day

D. APPEALS, REVISION, REFERENCE UNITS
1.      Civil appeal (including appeal under special law) against final order

2.      Civil appeal (including appeal under special law) against interlocutory order

3.      Criminal appeal order remanding of case to lower court

4.      Reference made to the high court

4 Units

1 Units

 

1 Unit

2 Units

 

 

Note: Subject to reasonable justification if a minimum of contested case per quarter as indicated below is not decided by the judicial officer (other than cases under PC Act) s/he will be graded ‘inadequate’ regardless of units earned in that quarter.

  1. Family court 12 cases
  2. Motor accident claims tribunal: 25 cases
  3. Other civil jurisdictions 12 cases