Delhi HC frames Transfer Policy to guide transfer and posting of Judicial Officers [Read Policy]

Delhi HC frames Transfer Policy to guide transfer and posting of Judicial Officers [Read Policy]

Bar & Bench

The Delhi High Court has framed general guidelines for the transfer and posting of judicial officers in the State.

This Transfer Policy which was issued last week addresses aspects such as general factors guiding the posting/transfer of judicial officers, the duration/intervals when it comes to posting and transfer and the exceptional circumstances which would allow for a deviation from the general policy.

The guidelines so issued are as follows:

– The exigencies of administration of justice shall be the first and foremost criterion.

– It shall be an endeavour to give Judicial Officers exposure to work from all possible jurisdictions so as to build capacity of each officer.

– Rotation of jurisdiction and location of the Judicial Officer shall be effected at an interval of 2-3 years from one court to another.

– The appointment on deputation post outside the cadre will generally not be allowed for more than 3 years, including deputation to the same or more than one post consecutively, 

– Senior level Judicial Officers shall generally not be permitted to proceed on deputation. 

– Subject to guideline No. 1, while effecting transfers, efforts would be made to accommodate concerns of health, proximity to the residence, subject expertise, needs of dependents etc. to the maximum extent possible. However, none of these would be a vested right of the Judicial Officer. 

– Judicial Officers related to one another shall not be posted in the same court complex.

– No Judicial Officer shall bring or attempt to bring any influence regarding posting or transfer.

– Where the spouse, child or parent, in-laws or any other first degree relative of a Judicial Officer is suffering from terminal or acute, life-threatening ailments and requires the presence of the judicial officer, requests for transfer and posting to a place proximate to such family member would be considered and due accommodation given. Such a request would be considered upon production of a proper medical certificate from the concerned hospital about the nature of the illness, its stage, etc. The District Judge concerned should verify such certificate and issue a letter to that effect. 

– A Judicial Officer may be transferred before completion of the prescribed tenure in exigencies or in peculiar circumstances. Such transfer could also be made in public interest and in the interest of administration of justice as decided by the High Court. 

– Notwithstanding the above provisions, an officer, who has one year or less to retire as on the first day of April, may, as far as possible, not be disturbed from his existing place of posting. However, in case the Officer requests for any transfer, every effort to accommodate it may be made. 

– In regard to matters that are not specifically provided, the Chief Justice may issue such general or particular clarifications as are necessary to implement these rules, having regard to the general interests of justice administration.

Read the Transfer Policy:

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