- (1.) SPEEDY disposal of cases with responsive and timely justice is the call of the day and for achieving this goal, a number of Seminars, Workshops, deliberations and discussions are being held throughout the country both at national level as also state level in order to find out the reasons, ways and means to overcome these problems.
(2.) SO far the pendency of cases in the High Courts particularly of this Court ;s concerned, according to me, one of the reasons is in the posting of inexperienced and untrained officers on the post of Section Officer, Administrative Officer and Stamp Reporter who are the part and parcel of "Administration of Justice". Those Class -II senior officers posted as Administrative Officer, Section Officers and Stamp Reporters are responsible for making the cases ready after pointing out the defects in the applications, appeals, review petitions,. etc. and also after giving report with respect to the Court fee stamp and other charges payable for such petitions/applications. Immediately after removal of defects, those cases are listed before the Bench for admission. For example, the instant appeal was filed on 11.6.2007 against the judgment and decree passed by the subordinate and Judge, Garhwa in Partition Suit No. 25 of 1988. The memo of appeal was accompanied with certified copies of the judgment and decree under appeal. The Stamp Reporter pointed out six defects vide office note dated 20.6.2007 and all defects were removed by the counsel on 17.7.2007. The Stamp Reporter further in his office note mentioned that further report regarding Court fee will be made after examination of the lower Court record. Accordingly, appeal was listed before the Bench on 10.1.2008. By order dated 10.1.2008, the appeal was directed to be listed after two weeks alongwith the fresh office note. Again on the basis of stamp report, a fresh office note was given on 18.3.2009 to the effect that report regarding Court fee will be made after the lower Court record is called for the purpose of passing order for calling for the record, the appeal was listed before me today. In this way, from 11.6.2007 till 1.4.2009 i.e. for about two years, the instant appeal could not be listed for admission because of the report given by Stamp Reporter. This is not only the solitary case but several hundred of cases are pending before the Lawazima Bench after the defects are pointed out by the office.
(3.) THE question now arises whether the Stamp Reporter rightly gave a note to call for the record for giving report with regard to Court fee payable? As noticed above, the memo of appeal was filed alongwith the certified copies of judgment and decree. In the decree, valuation of the suit is mentioned as Rs. Five lacs and since it was a partition suit, it is also mentioned in the decree that a sum at Rs. 706/ - was paid as Court fee. Despite the valuation of the suit and the Court fee payable mentioned in the decree, the Stamp Reporter gave a note that report regarding Court fee shall be made only after the lower Court record is called for. This shows that the Assistant, who is posted on promotion as a Stamp Reporter, has no elementary knowledge as to how stamp reporting is made and amount of Court fee is payable in the appeal under the Court Fees Act and Suit Valuation Act. The reason of posting on promotion of Class -III employee on such post is only on the basis of seniority and without any examination and without assessing the merit of such person to be promoted either to the post of Stamp Reporter, Section Officer or Administrative Officer. Schedule -C of the Jharkhand High Court Rules lays down the mode of appointment of Class -II Gazetted Officer. For better appreciation, Schedule -C is reproduced hereinbelow: - "SCHEDULE.C Class -II (Gazetted) SI. Category/Class/ Mode of appointment Minimum experien - Existing No. Designation ce, if any, required Scale of Pay having been earned on the feeder post 1 2 3 4 5 1. Administrative By promotion from Three years Rs. 6,500 - 200 - Officer Section Officers/ 10,500/ - Stamp Reporter/ Oath Commissioner/ Deputy Director (Translation)/ Translation Officer on the basis of merit - cum -length of service in the existing. scale. 2. Oath By promotion from Five years Rs. 6,500 -200 - Commissioner Assistants/Translators 10,500/ - on the basis of merit - cum -length of service in the existing scale. 3. Stamp Reporter By promotion from Five years Rs. 6,500 -200 - Assistants/Translators 10,500/ - on the basis of merit - cum -length of service in the existing scale. 4. Deputy Director Rs. 6,500 -200 - (Translation) 10,900/ - ;