Jammu & Kashmir High Court frames transfer policy for Judicial officers, transfers to be effected twice a year in J&K and Ladakh

The Jammu and Kashmir High Court has formulated a transfer policy for Judicial Officers in the Union Territories of J&K and Ladakh..An order was issued by Registrar General of J&K High Court, Jawad Ahmed on Tuesday in this regard..The general transfers of Judicial Officers in the Union Territories shall be effected twice in a year ordinarily, in the months of March and September, unless otherwise directed by the Chief Justice, the order said..The suitability of officers in the interest of administration of justice and the need for exposing the officers to different kinds of work would be the paramount criteria for transfers. The order added that no officer shall be posted, as far as practicable, in his district/ home town or in any district where his/her blood relatives /close relative(s) are practicing..However, an endeavour would be made, as far as possible, to post spouses (if both happen to be Judicial Officers) in the same district or adjoining districts. Judicial Officers suffering from serious ailments or those who are physically challenged may be given convenient postings, the order stated..Ordinarily, Judicial Officers are transferable once in two years. However, if an 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..However, the term of posting of a Judicial Officer at a hard station/district shall be of one year only. 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..The hard stations are Bani, Mahore, Gandoh, Gool, Kotranka, Budhal, D H Pora, Uri, Tangdhar, Gurez, Leh, Nubra, Khaltsi, Kargil, Drass, Sanku and Zanskar. .However, the stations categorized as hard stations in districts of Leh and Kargil shall not be considered as hard stations for Judicial Officers who are residents of Ladakh..The order further said that 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 view of exigencies..In order to effectuate transfers of officers, the Registrar General shall obtain, in advance, three choices of stations from the 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 (Junior Division), Civil Judge (Senior Division) and District Judge. Consecutive deputations would not be permissible except on the prerogative of the Chief Justice..Moreover, an officer would generally be given a station of his choice as the last posting before his retirement. If an officer has one or less than a year to retire, as on the first day of April, he may not be disturbed from his existing place of posting, as far as possible..With regard to matters that are not specifically provided in the guidelines, the Chief Justice may issue general or particular clarifications as may be necessary to effect the transfers and postings, having regard to the general interest in the administration of justice..The office of the Registrar General shall keep the database of transfers/ postings of the Judicial Officers updated (including in soft form), for the effective implementation of the transfer policy. The same is to be made available on the Court’s website, the order added. .[Read Order]