2.20
PUNJAB
2.20.1 Under
the first schedule of the Constitution of India, Punjab was Part-A State.
Patiala and East Punjab States Union was Part-B State.
2.20.2 By
the States Re-Organisation Act, 1956, a New State known as the State of Punjab
was formed by integration of the existing States of Punjab and Patiala and East
Punjab States Union.
2.20.3 By
Sub-section (1) of Section 3 of the Punjab Re-Organisation Act, 1966 certain
territories of the State were separated to form a new State of Haryana, by
sub-section (1) of Section 5 some more territories were separated to integrate
into the Union Territory of Himachal Pradesh to form a new State of Himachal
Pradesh and by Section 4 certain territories of Ambala District of the State
were carved out to form Union Territory of Chandigarh.
JUDICIAL SYSTEM :
2.20.4 Judicial
system in the early period in the State could be traced back to 1853, when the
power and functions of Administration vested in the Chief Commissioner assisted
by a Judicial and Financial Commissioner.
2.20.5 There
were seven grades of Courts which were established under the Punjab Courts' Act
in 1865. They were :-
1. The Court of the Tahsildar;
2. The Court of the Assistant Commissioner
with ordinary powers;
3. The Court of the Assistant Commissioner
with special powers;
4. The Court of the Assistant Commissioner
with full powers;
5. The Court of the Deputy Commissioner;
6. The Court of the Commissioner; and
7. The Court of the Judicial Commissioner.
2.20.6 The
Court of the Tahsildar was invested with powers to try and decide suits of
every description not exceeding Rs.300/- in value.
2.20.7 The
Court of the Assistant Commissioner with ordinary powers had jurisdiction to
decide suits of every description not exceeding Rs.100/- in value.
2.20.8 The
Assistant Commissioner with Special powers had jurisdiction to decide suits of
every description not exceeding Rs.500/- in value.
2.20.9 The
Court of the Assistant Commissioner with full powers had jurisdiction to decide
suits of every description not exceeding Rs.1000/- (one thousand) in value. He
was invested with powers of Magistrate under the Code of Criminal Procedure.
2.20.10 The
Deputy Commissioner was invested with powers to decide suits of unlimited
jurisdiction. He could hear and decide appeals from the decisions and orders of
the Tahsildar and Assistant Commissioner with ordinary and special powers. He
was also invested with magisterial powers as defined under the Code of Criminal
Procedure. He was the Appellate Authority to hear appeals against the sentences
and orders of the subordinate Magistrate Courts.
2.20.11 The
Court of the Commissioner had jurisdiction to decide suits of every description
without limitation. Appeals from the decisions and orders of the Assistant
Commissioner with full powers and the Deputy Commissioner would lie to the
Commissioner. He was invested with the powers of the Sessions Judge as defined
in the Criminal Procedure Code and he was an Appellate Authority to hear
appeals from the decisions of the Subordinate Courts.
2.20.12 In
1865, the Court of the Judicial Commissioner of Punjab was replaced by Chief
Court consisting of two or more Judges under the Punjab Chief Courts Act, 1866.
One of the Judges of the Chief Court was required to be a Barrister of not less
than five years' standing.
2.20.13 The
Judges of the Chief Court held their office during the pleasure of the Governor
General of India in Council.
2.20.14 The
Chief Court was the highest Court of Appeal against the decisions of the Civil
and Criminal Courts in Punjab.
2.20.15 The
Chief Court had jurisdiction to decide the cases in which British subjects were
charged with serious offences.
2.20.16 In
1877, the law relating to the Courts in Punjab was amended and consolidated
with the help of the Punjab Courts Act, 1877. At that time, the following
courts were in existence:-
1. The Court of the Tahsildar with ordinary
powers;
2. The Court of the Tahsildar with special
powers;
3. The Court of the Assistant Commissioner
with ordinary powers;
4. The Court of the Assistant Commissioner
with special powers;
5. The Court of the Assistant Commissioner
with full powers;
6. The Court of the Deputy Commissioner;
7. The Court of Commissioner;
8. The Chief Court.
2.20.17 The
Court of the Tahsildar with ordinary powers had jurisdiction to decide suits of
the value not exceeding Rs.50/-.
2.20.18 The
Court of the Tahsildar with special powers had jurisdiction to decide suits of
the value not exceeding Rs.300/-.
2.20.19 The
Court of the Assistant Commissioner with ordinary powers had jurisdiction to
decide suits of the value not exceeding Rs.100/-.
2.20.20 The
Court of the Assistant Commissioner with special powers had jurisdiction to
decide suits of the value not exceeding Rs.500/-.
2.20.21 The
Court of the Assistant Commissioner with full powers had jurisdiction to decide
suits of the value not exceeding Rs.10,000/-.
2.20.22 The
Deputy Commissioner had unlimited jurisdiction.
2.20.23 Appeals
from the decisions of the Court of the Tahsildar, the Court of the Assistant
Commissioner with special powers and the Court of the Assistant Commissioner
with ordinary powers would lie to the Deputy Commissioner.
2.20.24 Appeals
from the decisions of the Court of the Assistant Commissioner with full powers
and the Court of the Deputy Commissioner would lie to the Court of
Commissioner.
2.20.25 The
Chief Court was the final Court of appeal against the decisions of the Court of
Commissioner.
2.20.26 In
1884, the Punjab Courts' Act, 1884 was passed to amend the law relating to the
Courts in Punjab. At that time, the following classes of Civil Courts were in
existence, apart from the Chief Court and Court of Small Causes.
1. The Court of Munsiff;
2. The Court of Subordinate Judge;
3. The Court of District Judge; and
4. The Divisional Court.
2.20.27 The
Local Government was authorised to appoint as many persons as it thought
necessary to be Divisional and District Judges. The Court of District Judge and
the Divisional Court were empowered to decide suits of unlimited jurisdiction.
2.20.28 The
Appointing Authority to appoint subordinate Judge and Munsiff was the Local
Government. The pecuniary jurisdiction of the Subordinate Judge was unlimited.
However, the Munsiff had jurisdiction to decide suits of the value not
exceeding Rs.1,000/-. Appeals from the decisions of the Munsiff would lie to
the District Judge, if the subject-matter of the suit did not exceed Rs.500/-
(Five hundred) in value.
2.20.29 The
appeals from the decisions of the subordinate Judge and also the District Judge
would lie to the Chief Court, if the value of the suit exceeds Rs.5,000/-.
2.20.30 Appeals
from the decisions of the Divisional Court would lie to the Chief Court.
2.20.31 The
Divisional Judges decided most of the appeals in Civil suits from the Courts of
first instance. As Sessions Judges, they tried sessions cases with the aid of
assessors and heard criminal appeals. Thus, the Divisional and Sessions Judges
in Punjab fulfilled the functions of the District and Sessions Judges in the
regulation provinces. The appeals in minor Civil suits from the Courts of
Munsiffs would lie to the District Judge. The Court of the District Judge was
also the Principal Court of original jurisdiction in the district.
2.20.32 There
were Small Cause Courts at Lahore, Amritsar, Delhi and Simla. Most of the
Munsiffs were invested with powers of Small Cause Courts under Act IX of 1887.
2.20.33 In
1918, the following classes of Courts were established under the Punjab Courts'
Act, 1918.
1. Court of District Judge;
2. Court of the Additional Judge*; and
3. Court of the Subordinate Judge.
* (The Court of the Additional Judge was omitted by Punjab Act 35 of 1963, Section-2.)
2.20.34 The
Courts of the Subordinate Judge have been classified into four Classes
according to the jurisdiction, viz.,
i) Subordinate
Judges exercising jurisdiction without limit as to the value of the suit;
ii) Subordinate
Judges exercising jurisdiction not exceeding Rs.5,000/- in value;
iii) Subordinate
Judges exercising jurisdiction in suits not exceeding Rs.2,000/- in value;
iv) Subordinate
Judges exercising jurisdiction in suits not exceeding Rs.1,000/- in value.
The present set up of Judicial structure in the state :
2.20.35 In
Punjab there were two cadres in the service viz., Superior Judicial Service and
Punjab Civil Service (Judicial Branch).
2.20.36 Both
the categories of officers enjoyed Civil and Criminal jurisdiction at the same
time.
2.20.37 The
Superior Judicial Service consisted of District & Sessions Judges and
Additional District & Sessions Judges and exercised both Civil and Criminal
jurisdiction.
2.20.38 The
officers of Punjab Civil Service (Judicial Branch) also enjoyed Civil and
Criminal jurisdiction simultaneously and they were designated as under:-
i) Senior Sub Judge.
ii) Sub Judge 1st Class.
iii) Sub Judge 2nd Class.
iv) Sub Judge 3rd Class.
On
the Criminal side they were designated as :-
i) Chief Judicial Magistrate.
ii) Additional Chief Judicial Magistrate.
iii) Sub-Divisional Magistrate.
iv) Judicial Magistrate 1st Class.
v) Judicial Magistrate 2nd Class.
2.20.39 After
the Judgment of Hon'ble Supreme Court in All India Judges' Association Case
reported in 1993 (6) SLR 37 uniformity in heirarchy and designation was given
effect to throughout the Country including the States of Punjab and Haryana.
Punjab Civil Service (Judicial Branch) was divided into following two
categories :-
i) Civil
Judges (Senior Division) which included Additional Civil Judge (Senior
Division) and Judge Small Cause Court.
ii) Civil
Judge (Junior Division).
2.20.40 The
Recruitment and conditions of service to Punjab Civil Service (Judicial Branch)
are regulated by the Punjab Civil Service (Judicial Branch) Rules, 1951. Under
the said rules, initial recruitment to the cadre of Civil Judge (Junior
Division) is made by the Public Service Commission from amongst the Advocates
with three years' practice at the Bar by conducting written test and viva-voce.
On being selected, a candidate is posted as Civil Judge (Junior
Division)-cum-Judicial Magistrate second class. He is designated as Judicial
Magistrate 1st Class only after he gains experience of Judicial Magistrate 2nd
Class for about six months. He will be on probation for a period of two years.
During this period, he is required to undergo such training as prescribed by
the High Court. The initial pay of the Civil Judge (Junior
Division)-cum-Judicial Magistrate Second Class has been revised as per Punjab
Government's letter No.14/44/97-3JUDL(I)/302 dated 12-11-1998 with effect from
1-1-1996 :-
|
Existing Pay-scales (prior to 1-1-96) |
Revised Pay-scales w.e.f. 1-1-96 |
Remarks |
|
2200 - 4000 |
7880 - 13500 (with start 8000) (Entry scale) |
The grant of higher pay scales after 4, 9
and 14 years service shall be subject to the same condition as may be
prescribed for the Punjab Civil Service (Judicial Branch). |
|
3000 - 4500 (Senior scale after 8 years service). |
10025 - 15100 (After 4 years of regular service in the
entry scale). |
|
|
|
12000 - 15500 (After 9 years of regular service in the
entry scale). |
|
|
4125 - 5600 (Selection grade after 18 years service). |
14300 - 18600 (After 14 years of regular service in the entry scale). |
The existing incumbents in the scale of Rs.4125 - 5600 are allowed revised equivalent of Rs.13500 - 16800 as a measure personal to them. |
2.20.41 The
posts of Civil Judge (Senior Division), Additional Civil Judge (Senior
Division), Chief Judicial Magistrate / Additional Chief Judicial Magistrate
/Judge (Court of Small Causes) are not promotion posts, but the officers are
designated for these posts within the same cadre. They are granted special
allowance of Rs.400/- per month.
2.20.42 There
are 213 posts in the cadre of Punjab Civil Services (Judicial Branch).
2.20.43 Punjab
Superior Judicial Service (Rules), 1963, govern the recruitment to the Superior
Judicial Service, consisting of District and Sessions Judges / Additional
District and Sessions Judges.
2.20.44 At
present there are 88 posts in the cadre of Punjab Superior Judicial Service
with the following pay-scales:-
|
Existing Pay-scales (prior to 1-1-96) |
Revised Pay-scales w.e.f. 1-1-96 |
Remarks |
|
3000 - 5000 |
10025 - 18600 |
Additional District Judges recruited direct
from the Bar would be entitled upto seven increments under the Rule. |
|
5000 - 6700 (Selection Grade) |
18600 - 22100 |
To the District / Addl. District Judges after 8 years of service. |
2.20.45 These
pay scales have been enforced by the Punjab Government w.e.f. 1-1-1996 subject
to the condition that if the National Judicial Pay Commission grants lesser pay
scales, difference will be recovered / adjusted from the Judicial Officers.
2.20.46 25%
of the posts in the cadre are filled up by direct recruitment from amongst the
Advocates with 10 years' practice. The remaining 75% of the posts are
promotional posts to be filled up by promoting the Judicial Officers in the
cadre of Punjab Civil Service (Judicial Branch) who have completed not less
than 10 years of continuous service and have held for an aggregate period of
one year or more any of the following posts, viz. :
i) Civil Judges (Senior Division),
ii) Additional Civil Judges (Senior
Division),
iii) Chief Judicial Magistrates,
iv) Additional Chief Judicial Magistrates, and
v) Judges (Court of Small Causes).
2.20.47 The
District & Sessions Judge is entitled for special allowance of Rs.600/-
P.M. and the Additional District & Sessions Judge is entitled for special
allowance of Rs.400/-.
2.20.48 The
directly recruited District & Sessions Judges will remain on probation for
a period of two years under Rule 10 of Punjab Superior Judicial Service Rules,
1963. They would also be entitled to increments on the basic pay under Rule 13
of the said Rules, as under :-
i) Not less than 10 years but less than 11
years ... 3 increments
ii) Not less than 11 years but less than 12
years ... 3 increments
iii) Not less than 12 years but less than 13
years ... 4 increments
iv) Not less than 13 years but less than 14
years ... 5 increments
v) Not less than 14 years but less than 15
years ... 6 increments
vi) Not less than 15 years ... 7
increments
2.20.49 Almost
all the Judicial Officers including the members of Superior Judicial Service
are deputed to attend various training programmes organised by the National
Institute of Criminology and Forensic Science, Ministry of Home Affairs, New
Delhi and also Refresher Courses.
JURISDICTION :
2.20.50 Under
the Punjab Courts Act, 1918, the Court of the District Judge shall be deemed to
be the District Court or Principal Civil Court of original jurisdiction in
respect of the original civil suits without limit as regards the value.
2.20.51 The
jurisdiction to be exercised in original suits as regards the value by the
Civil Judge (Senior Division) is unlimited.
2.20.52 The
Civil Judge (Junior Division) during his service upto three years is empowered
to decide suits upto the value of Rs.2,00,000/-.
2.20.53 The
Civil Judge (Junior Division) after completing three years of service would
exercise unlimited jurisdiction.
APPELLATE JURISDICTION :
2.20.54 An
appeal from a decree or order of a Civil Judge would like to the District Judge
in respect of the original suits, the value of which does not exceed
Rs.5,00,000/-.
2.20.55 In
any other case, the appeal would lie to the High Court.
2.20.56 But
the Appellate jurisdiction of the Additional District Judge is Rs.1,50,000/-.
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