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HC Lays Down Policy For Transfer of Judges

By INS Desk , in Events , at February 9, 2021

Srinagar, Feb 09: The Jammu and Kashmir High Court has formulated the transfer policy for transfer of Judicial Officers in Jammu & Kashmir and Ladakh.
Among others, the Full Court has lay down that the general transfers of Judicial Officers shall be effected ordinarily twice in a year in the months of March and September unless otherwise directed by the Chief Justice.
“The suitability of officers in the interest of administration of justice and exposing them to different nature of work shall be the paramount criteria for transfer/posting of officers,” reads the policy issued by Jawad Ahmad, Registrar General
No officer shall be posted as far as practicable in his district and home town or in any district where his/her blood/close relative(s) such as parents, spouse, son, daughter, brother, sister, nephew, niece, brother-in-law and sister-in-law are practicing, it said.
”Endeavour shall be made, as far as possible to post husband and wife (if both happens to be judicial officers) in the same district or adjoining districts and judicial officer suffering from a serious ailment or who is physically challenged may be given convenient posting,” the policy reads.
Ordinarily, it said, judicial officers are transferable once in two years i.e the term of posting would normally be of two years but if exigency arises, they may be transferred earlier or permitted to overstay at the discretion of the Chief Justice subject to ratification by the Full Court.
The term of posting of a judicial officer at a hard station/district shall be of one year only, it said.
“Any officer who has remained posted or serving at the hard station/district would not be posted in any other such station/district until the expiry of 4 years i.e. for two normal tenures of postings from his/her last posting at any such hard station/district.”
No judicial officer shall be posted in the same district twice as far as possible except as District Judge unless the Court otherwise directs in the exigency of service, it said.
In order to effectuate transfers of officers, the policy reads that the Registrar General shall obtain in advance three choices of stations from judicial officers likely to be transferred and shall place the same before the Chief Justice/Committee to facilitate the transfers/postings.
“No officer would ordinarily be appointed on deputation outside the Cadre except once while working as Civil Judge (Jr. Division), Civil Judge (Sr. Division) and District Judge and consecutive deputation would not be permissible except on the prerogative of the Chief Justice.”

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