Use our app for the best experience
Available for Android & iOS
HIGH COURT OF GUJARAT (CONDUCT, DISCIPLINE AND APPEAL) RULES, 2011
Published vide Notification No.1/HC/C-1339/2011, dated 01.09.2011
Notification No.1/HC/C-1339/2011. - In exercise of the powers conferred by Article 229 of the Constitution of India and all other enabling provisions in this behalf and in supersession of all Rules, Regulations, Notifications, Orders, etc. on the subject, the Honourable the Chief Justice of the High Court of Gujarat hereby makes the following Rules with respect to conduct, discipline and appeal, of persons serving on the establish of the High Court of Gujarat.
(1) These Rules shall be called "The High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011.
(2) They shall come into force with effect from 1st September, 2011.
(3) The Rules shall apply to the members of the establishment and the members of the staff appointed on the establishment of the High Court.
In these Rules, unless the context otherwise requires: -
(a) "Chief Justice" means The Chief Justice of the High Court of Gujarat.
(b) "Constitution" means the Constitution of India.
(c) "Court" means the High Court of Gujarat.
(d) "Establishment" means and includes all Offices, Departments, Sections, Branches and other ancillary Units and Wings of the High Court of Gujarat.
(e) "Governor" means the Governor of the State of Gujarat
(f) "Members of the establishment and Member of the Staff" means a person appointed in accordance with "The High Court of Gujarat Officers and the Members of Staff (Recruitment and Conditions of Service) Rules, 2011" or any other similar rules for the time being in force.
(g) "Member of Family" in relation to the employee appointed on the establishment of the Court includes -
All Court employees shall be subject to the superintendence and control of the Chief Justice.
(1) Every Court employee shall at all times :
(i) maintain absolute integrity.
(ii) maintain devotion to the duty.
(iii) do nothing which is unbecoming of a Court employee.
(2) No Court employee shall act in a manner pre-judicial to discipline and good order in the Registry or in Court.
(3) Promptness and Courtesy. - No Court employee shall
(i) in the performance of his official duties, act in a discourteous manner.
(ii) in his official dealings with the public or otherwise adopt dilatory tactics or willfully cause delay in disposal of the work assigned to him/her.
(4) Prohibition of sexual harassment of working women.
(i) No Court employee shall indulge in any act of sexual harassment of any women at work place.
(ii) The Registrar General, who is the
(1) Every Court employee shall be punctual in attendance and shall not absent himself/herself from duty without prior permission except as provided under sub-Rule(2).
(2) In case of absence due to sudden illness or some unforeseen circumstances, beyond his/her control, a Court employee shall give intimation thereof to the office without delay.
(3) All applications for leave fore more than three days on ground of ill health shall be supported by a medical certificate from a registered medical practitioner, provided that the Court employee may be called upon to produce a medical certificate from the Civil Surgeon.
(1) No Court employee shall be a member of, or be otherwise associated with, any political party or any organization which takes part in politics nor shall he/she take part in, subscribe in aid of, or assist or in any manner aid political movement or activity.
(2) No Court employee shall canvass or otherwise interfere or use his/her influence in connection with, or take part in, an election to any legislature or local authority; provided that: -
(i) A Court employee qualified to vote at such election may exercise his/her right to vote, but where he/she does so, he/she shall give no indication of manner in which he/she proposes to vote or has voted;
(ii) A Court employee shall not be deemed to have contravened the provisions of this Rule by reason only that he/she assists in the conduct of an election in the due performance of a duty imposed on him/her by or under any law for the time being in force.
(1) No Court employee shall, except with the previous permission of the Registrar General own wholly or in part, or conduct, or participate in the editing or managing of, any news paper or other periodical publication.
(2) No Court employee shall, except with the previous permission of the Registrar General or in the bona fide discharge of his duties, participate in a radio broadcast, T.V. Broadcast or contribute any article or write any letter, either anonymously or in his/her own name or in the name of any other person, to any newspaper or periodical;
Provided that no such permission shall be required if such broadcast or such letter is of a purely literary, artistic, scientific, educational or cultural character.
(1) No Court employee shall except with the previous permission of the Chief Justice, give evidence before any public committee.
(2) Nothing in this Rules shall apply to :-
(i) evidence given before a Committee which has power to control the attendance of witnesses or the production of document; or
(ii) evidence given before an authority holding any judicial or departmental inquiry.
No Court employee shall, except in accordance with any general or special order of the Chief Justice or the Registrar General, communicate directly or indirectly to any other Court employee, or to a Government employee or to any Private person or to the press, any document or information which has come into possession in the course of his/her official duties or has been prepared or collected by him/her in the course of those duties.
(1) No Court employee shall, without the permission of the Registrar General, circulate amongst other Court employees or persons concerned connected with the business of the Court, appeal for subscription for public causes or raise any subscription by exerting his/her official position or influence.
Save as otherwise provided under these Rules, no Court employee shall, except with the previous permission of the Registrar General, accept from any person directly or indirectly or permit any member of his/her family or his/her dependents to accept any gift, gratuity or reward of more than a trifling value;
Provided that gifts of value reasonable in all circumstances of the case, may be accepted from relations and personal friends or presented to such person on occasions such as weddings, anniversaries, funerals and religious functions when the making or receiving of such gifts is in conformity with the prevailing religious or social customs.
No Court employee shall, except with the previous permission of the Registrar General, receive any complimentary or valedictory address or accept any testimonials or attend any meeting or entertainment held in his/her honour:
Provided that nothing in this Rules shall apply to:-
(i) a farewell entertainment of a substantially private and informal character held in honour of a Court employee on the occasion of his/her retirement or transfer; or
(ii) the acceptance of simple and inexpensive entertainments arranged by public bodies or institutions.
No Court employee shall, except with the previous permission of the Chief Justice engage directly or indirectly, in any trade or business or undertake any employment.
Provided that Court employee, may without any such permission undertake honorary work of a social or charitable nature or occasional work of a literary, artistic, scientific, educational or cultural character, subject to the condition that his/her official duties do not thereby suffer, but he/she shall not undertake, or shall discontinue such work, if so, directed by the Registrar General.
Explanation. - Canvassing by a Court employee in support of the business of insurance agency, commission agency, etc. owned or managed by his/her wife/husband or any other member of his/her family shall be deemed to be a breach of this Rule.
(1) No Court employee shall speculate in any investment.
Explanation. - The habitual purchase or sale of securities of a notoriously fluctuating value shall be deemed to be speculation in investments within the meaning of this Sub-Rule.
(2) No Court employee shall make or permit his/her wife/husband or dependent children to make any investments likely to embarrass or influence him/her in the discharge of his/her official duties.
(3) No Court employee shall, save in the ordinary course of business with a Bank or a firm of standing, borrow money from otherwise place himself/herself, under pecuniary obligations, nor shall he/she permit any member of his/her family, except with the previous permission of the Registrar General, to enter into any such transactions.
Provided that a Court employee may accept a purely temporary loan of a small amount from a personal friend or relative or o
A Court employee shall so manage his private affairs as to avoid habitual indebtedness of insolvency. A Court employee, who becomes the subject of a legal proceedings for insolvency shall forthwith report the full facts thereof to the Registrar General.
(1) No Court employee shall except with the previous knowledge of the authority mentioned in the explanation below acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise either in his/her own name or in the name of any member of his/her family or his/her dependents.
(2) Every Court employee shall report to the respective authority as stated in explanation herein-below within one month from the date of every transaction entered into by him/her either in his/her own name or in the name of any other member of his/her family in respect of the moveable property, if the value of such property exceeds Rs.80,000/- (Rupees Eighty thousand only) in case of Court employee holding Class-I post, Rs.75,000/- (Rupees Seventy five thousand only) in case of Court employee holding Class-II post, Rs.60,000/- (Rupees Sixty thousand only)in case holding Class-III post and Rs.40,000/- (Rupees Forty thousand only) in case ho
No Court employee shall -
(1) give or take or abet the giving or taking of dowry; or
(2) demand, directly or indirectly from the parents or guardian of a bride or bridegroom, as the case may be, any dowry.
Explanation. - For the purpose of this Rule "dowry" has the same meaning as the Dowry Prohibition Act, 1961 (28 of 1961).
(1) No Court employee shall, without the previous permission of the Registrar General, have recourse to any Court or to the press for vindication of his/her official acts or character which have been the subject matter of adverse criticism or an attack of defamatory character. In granting permission for recourse to a Court, the Registrar General shall in each case, decide whether the Court should bear the costs of the proceedings or whether the employee concerned should institute the proceedings at his/her own expenses, and if so, whether, in the event of a decision in his favour, the Court should reimburse him/her to the extent of the whole or any part of the costs.
(2) Nothing in this Rule shall be deemed to prohibit or otherwise affect the right of the Court employee from vindicating his/her private character or any act done by him/her in his/her private capacity.
No Court employee shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his/her interest in respect of matters pertaining to his/her service in the Court.
(1) No Court employee shall have any business dealings with an advocate, nor shall he/she, save with the express permission of the Registrar General, share any residential accommodation with any advocate.
(2) The provision of this Rule shall apply notwithstanding that Court employee is related to the advocate.
(3) This Rule does not debar a Court employee from accepting an invitation from an advocate on an occasion such as wedding, an anniversary, a social gathering or a religious function.
(1) A Court employee may seek redress from the Chief Justice or from the Registrar General, with the permission of the Chief Justice, in the matter of grievance arising out of his/her employment or conditions of service.
(2) A Court employee, who resort to a Court of Law, even in cases where such remedy is legally admissible, without first exhausting all the remedies available to him/her under the Rules regulating his/her conditions of service, shall render himself/herself liable to disciplinary action under the Rule in Part-III of these Rules.
No Court employee shall participate in any demonstration or resort to any form of strike in connection with any matter pertaining to his/her conditions of service.
No Court employee shall join or continue to be a member of a service association which has not, within a period of six months from the date of these Rules or its formation, obtained the recognition of the Chief Justice or recognition in respect of which has been refused by the Chief Justice.
It shall be the duty of Court employee, who has been arrested on a criminal charge made or a proceeding taken against him/her in connection with his/her position as a Court employee or otherwise to intimate the fact of his/her arrest and the circumstances connected therewith, to the Registrar General promptly in writing even though he/she might have subsequently been released on bail. Failure on the part of the Court employee concerned to so inform will be regarded as suppression of material information and will render him/her liable to disciplinary action on this ground alone, apart from any action that may be taken against him/her on the conclusion of the case against him/her.
No Court employee shall take out any article or property belonging to the Court outside the Court quarters or Court premises without the express permission of the Registrar General.
(1) No Court employee shall enter into, or contract, a marriage with a person having spouse living, and
(2) No Court employee having a spouse living, shall enter into, or contract, a marriage with any person;
Provided that the High Court may permit a Court employee to enter into, or contract, any such marriage as is referred to in clause (1) or (2), if it satisfied that -
(i) such marriage is permissible under the personal law applicable to such Court employee and the other party to the marriage, and
(ii) there are other grounds for doing so.
The following penalties may for the good and sufficient reasons, and as hereinafter provided, be imposed upon any Staff or any Member of the Establishment, namely:-
Minor Penalties :
(i) censure;
(ii) fine;
(iii) withholding of increments or promotion;
(iv) recovery from pay of any loss caused to the Court by negligence of duty or breach of orders.
Major Penalties
(v) withholding of increments or promotion with Cumulative effect.
(vi) reduction to a lower post, rank, in a lower class or category or grade;
(vii) pre-mature (compulsory) retirement;
(viii) removal from service, which does amount not disqualification for future employment.
(ix) dismissal from service, which shall ordinarily be disqualification for future employment.<
(1) Subject to the provisions of Clause (2) of Article 311 of the Constitution of India, the Chief Justice shall have the powers to impose any of the penalties specified in Rule 27 on the Gazetted or Non-gazetted Court employee or any other Staff of the Court.
(2) Subject to the provisions of Clause (2) of Article 311 the Constitution of India and any specific or general orders of the Chief Justice, the Registrar General shall have powers to impose any of the penalties specified in Rule 27 on any Court employee other than a Gazetted Officer.
(1) No order imposing any of the penalties specified in Clauses (i) to (iv) of Rule 27 shall be passed except after :-
(a) The Court employee is informed in writing of the proposal to take action against him/her and of the allegations on which it is proposed to be taken and give an opportunity to make any representation he/she may wish to make; and
(b) such representation, if any, is taken into consideration by the Competent Authority.
(2) The Record of Proceedings in such cases include ;
(i) a copy of the intimation to the Court employee of the proposal to take action against him/her;
(ii) a copy of the statement of allegation communicated to him/her;
(iii) his/her representation, if any;
(iv) the orders on the case together with the reasons thereof.
(1) No order imposing on a Court employee any of the penalties specified in Clauses (v) to (ix) of Rule 27 shall be passed except after an inquiry, held as far as may be in the manner hereinafter provided, and on the basis of the evidence adduced during such inquiry.
(2) The Competent Authority shall frame definite charges on the basis of allegations on which the inquiry is proposed to be held. Such charges, together with a statement of allegations on which they are based, shall be communicated in writing to the Court employee, and he/she shall be required to submit, within such time as may be specified by the Competent Authority, a written statement of his/her defence and also to state, whether, he/she desires to be heard in person.
(3) The Court employee shall for the purpose of preferring his/her defence, be permitted to inspect and take extracts from such official record other than records marked confidential or secret,
(1) The Competent Authority may place a Court employee under suspension: -
(a) where a disciplinary proceeding against him/her is contemplated or is pending, or;
(b) where a case against him/her in respect of any criminal charge is under investigation or trial;
Provided that :-
(i) in case of a Court employee on deputation outside the Court, the Borrowing Authority shall be requested to place him/her under suspension pending the conclusion of the inquiry and the passing of the final order in the case; and
(ii) in case of an employee on deputation to the Court, the Registrar General shall without delay inform the Lending Authority of the circumstance in which that Court employee has been placed under suspension.
(2) A Court employee who is detained in custody whether on a criminal charge or otherwise, for a period exceeding forty eight ho
(1) The appeal shall lie to the Chief Justice or any other Judges as may be nominated by the Chief Justice, from the order passed by the Registrar General imposing any of the penalties specified in Rule-27.
(2) The Court employee may appeal to the Chief Justice or any other Judges as may be nominated by the Chief Justice, against an order passed by the Registrar General interpreting to his/her disadvantage of any Rule by which his conditions of service are regulated.
(3) The Chief Justice or any nominated Judge may pass any order in the appeal as the Chief Justice or the Judge deems fit, and the decision in such appeal shall be final.
An appeal under this part shall be filed within 45 days from the date of the receipt of the order appealed against;
Provided that the Chief Justice may, if satisfied that the appellant had sufficient cause of not submitting the appeal in time, entertain the appeal after the expiry of the said period.
Every appeal shall be addressed to the Chief Justice and shall be submitted to the Registrar General. It shall contain all material statements and grounds on which the appellant relies and shall be complete in itself. It shall not contain any disrespectful or improper language.
The Registrar General shall give effect to the orders passed in appeals submitted under Rule-32.
(1) Notwithstanding anything contained in these rules, the Chief Justice may, in his own motion or otherwise, after calling for the record of the case, review any order passed, under these rules, if he thinks that there is some error apparent on the face of the record or there are other sufficient reasons for review, and may -
(a) confirm, modify or set aside the order;
(b) impose any penalty or set aside, reduce, confirm or enhance the penalty;
(c) issue directions for further action or inquiry, or
(d) pass such other order as deems fit;
Provided that
(i) an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunity to show cause why such penalty should not be enhanced;
(ii) none of the penalties specified in clauses (i) to (iv) of Rule 27 shall be changed to
Without prejudice to the power of the Competent Authority to take action against a Court employee on deputation, the following provision is made:-
(1) Where the services of a Court employee are borrowed by an outside authority, the Borrowing Authority shall have the powers of the Competent Authority under these Rules for the purpose of placing him/her under suspension and for the purpose of taking disciplinary proceedings against him/her;
Provided that the Borrowing Authority shall forthwith inform the Court of the circumstances leading to the order of his/her suspension or the commencement of the disciplinary proceedings, as the case may be.
(2) In the light of the findings in the disciplinary proceedings taken against such Court employee: -
(a) If the Borrowing Authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of Rule 27 should be imposed on
Disciplinary action against a Court employee on deputation to the Court from an outside authority : -
(1) When an order of suspension is made or a disciplinary proceeding is taken by the Court against a Court employee whose services have been lent to the Court by an outside authority, the Lending Authority shall forthwith be informed of the circumstances leading to the order of his/her suspension or the commencement of the disciplinary proceeding against him/her, as the case may be.
(2) In the light of the findings in the disciplinary proceeding taken against such Court employee:-
(a) If the Competent Authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of Rule 27 should be imposed on such Court employee, it may, after consultation with the Lending Authority, pass such orders in the case as it deems necessary;
Provided that, in the event of a diff
Any contravention of any Law by a Court employee, which involves moral turpitude, shall be regarded as a serious matter, of which notice shall be taken departmentally. Where such contravention is followed by a conviction in a Court of Law, the Court employee may be punished departmentally on the basis of that conviction alone without following the procedure laid down for departmental inquiry.
(1) Any Court employee contraventing the provisions of any of the Rules in this part shall render himself/herself liable to disciplinary action under the Rules in Part-III of these Rules.
(2) The Chief Justice shall have the power to take any action against the Gazetted Officers and other Officers and employee of the Court for contravention of any of the Rules in this Part.
If any dispute or question arises relating to the applicability or interpretation of these Rules, the decision of the Chief Justice shall be final.
The Chief Justice may from time to time amend these Rules.
(1) All previous Rules, Regulations, Orders, Notifications, Circulars, Instructions and other Instruments with respect to the subject matter covered by these Rules are hereby repealed.
(2) Notwithstanding such repeal, any appointment made or action taken under any of the aforesaid repealed provisions shall be deemed to have been made or taken under these Rules and is hereby saved.
Model Forms
Form of order of suspension.
Order
Whereas a disciplinary proceeding against Shri (name and designation of the Member of the establishment and member of staff) is contemplated / pending. Whereas a case against Shri (name and designation of the Member of the establishment and member of staff) in respect of criminal offence is under investigation / inquiry / trial.
Now, therefore, the Honourable the Chief Justice / the undersigned (the appointing Auth
Order
Whereas as Inquiry under Rule... of the... Rules, is being held against the Officers / Employees specified below :-
1. Shri.....
2. Shri.....
3. Shri.....
4. Shri.....
5. Shri....
Whereas common proceedings have been ordered against the said Officers / Employees.
And Whereas the Honourable the Chief Justice / the undersigned considers that the Inquiring Authority should be appointed to inquire into the charges framed against the said Officers / Employees.
Now, Therefore, the Honourable the Chief Justice / the undersigned in exercise of the powers conferred by the said Rules hereby appoints Shri.... As the Inquiring Authority to inquire into the charges framed against the said Officers / Employees.
By order of the Honourable the Chief Justice
Memorandum
Shri.... In the office of... is hereby informed that it is proposed to take action against him / her under Rule... of ... Rules. A Statement of the imputation of misconduct or misbehaviour on which action is proposed to be taken as mentioned above is enclosed.
2. Shri... is hereby given an opportunity to make such representation as he / she may wish to make against the proposal.
3. If Shri.... fails to submit his / her representation within 10 days of the receipt of this Memorandum, it will be presumed that he / she has no representation to make and orders will be liable to be passed against Shri.... Ex parte.
4. The receipt of this Memorandum should be acknowledged by Shri...
By order of the Honourable the Chief Justice.
(Signature)
Name and Designation of the competent authority.
<
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
