Like the previous year, the District Judges’  Conference was held by the High Court of Orissa  in 2023. The two-and-a-half days conference was  held at the Odisha Judicial Academy, Cuttack.  It was inaugurated on 11th February, 2023 by  Shri Justice Sanjiv Khanna, Judge, Supreme  Court of India in the presence of Dr. Justice S.  Muralidhar, the then Chief Justice of the High  Court of Orissa, the sitting and former Judges  of the High Court. It ended on 12th February,  2023. The Annual Report, 2022 published by  the High Court of Orissa, was released in the  inaugural function of the Conference. 

Interaction with the Special Judges (Vigilance),  Special Judge, Special Courts, Special Judge  (CBI) Court No.1 and Director-cum-A.D.G.  of Police (Vigilance) and Legal Advisor (State  Vigilance Organization), Judges of Family Courts,  Presiding Officers of Tribunals, Commissioner  of Endowments, Odisha in virtual mode. 

Interactions were held with the Special Judges  (Vigilance), Special Judge, Special Courts, Special  Judge (CBI) Court No.1 and Director-cum-A.D.G.  of Police (Vigilance) and Legal Advisor (State  Vigilance Organization), Judges of Family Courts  on 30th January, 2023 and with the Presiding  Officers of various Tribunals, Commissioner of  Endowments, Odisha on 31st January, 2023 in  virtual mode. Issues relating to their functioning  such as “Pendency and disposal of cases”, “Exploring  the feasibility of taking up trials on virtual mode”,  “Putting vigilance cases in fast track”, “Functioning  of the Principal Counsellors and Counsellors”,  “Progress made on the instructions imparted in  the District Judges’ Conference, 2022” etc. were  discussed. After detailed deliberations, suitable  instructions were imparted to all concerned  including the Director-cum-A.D.G. of Police,  State Vigilance Organization, Odisha, Cuttack.  The Presiding Officers were advised inter alia to  take up old cases on board on priority basis. The  Presiding Officers of all the Tribunals have been  instructed to submit the lists of LCRs pending  in the High Court, if any for return of the LCRs  after digitization. 

The Conference

The 30 District Judges and 30 Chief Judicial  Magistrates participated in the Conference from  10th to 12th February, 2023. Various issues relating  to judicial administration were discussed. The  broad heads of issues discussed in the conference  and the resolutions adopted & concurred by the  High Court of Orissa in the administrative side  are indicated below. 

1. Issues pertaining to E-Initiatives

a. Creation of online portal to receive and submit reports, statements and other  important communications

b. Provision of e-Dispatch system for Courts.

c. Enhancement of technical manpower

d. Introduction and modification of Rules  regarding implementation of ICT and  e-Court initiative

e. Paperless Courts

f. Judicial Officers to be self-sufficient in  use of ICT Suitable instructions were imparted to the District Judges pursuant to the resolutions passed.

II. Code of Judicial Ethics

a. Best practices and worst practices, Gender Sensitization (How to treat staff),  Response of Judicial Officers. 

Suitable instructions were imparted to the District  Judges pursuant to the resolutions passed. 

III. G.R. & C.O. (Criminal & Civil) and Practice  Directions 

a. Proposed amendments/ deletions of  Rules under GR & CO (Criminal) and (Civil)

• Cognizance Taking Courts in outlying  station to initiate case for realization  of fine in Sessions cases under Section  421 of Cr.P.C. (Rule 136 (a) G.R. & C.O.  (Crl.) (Vol.I).

• Maintenance of dormant file Register-  (R) 26 in the Court of Addl. Dist. &  Sessions Judges at outlying Stations  and in the Cognizance Taking Courts  at the Headquarters Station as well  as outlying stations.

• Committee for inventory of Storehouse  to segregate the unidentified items  in consonance with Rule 177(A) of  G.R. & C.O. (Crl.) Vol.I in the outlying  stations.

• Rule 145 of G.R. & C.O. (Crl.) Vol. I  may also be applicable to bailor Misc.  Cases.

• Enhancement of T.A. for the prisoners  as per Rule 316 of G.R. & C.O. (Crl.)  Vol. I.

• Deletion of Rules 71-75 of the G.R.  & C.O. (Civil) Vol.I  Pursuant to the resolutions passed in the  Conference, necessary amendments have been  made in the GR & CO (Criminal) and GR & CO  (Civil).

b. Miscellaneous Instructions.

• Transfer of bail application filed under Section 439 of Cr.P.C. to other Sessions  Courts by the Sessions Court (I/c):  Suitable instructions were imparted  to the District Judges pursuant to the  resolutions passed. 

• Monthly visit of the jails situated at the  outlying stations: Suitable instructions  were imparted to the District Judges  pursuant to the resolutions passed. 

• Preparation of up-to-date compendium  of General Orders and Circulars issued  by the High Court: Pursuant to the  resolutions passed, a new compendium  comprising General Letters and  Circulars issued by the High Court of  Orissa from 1988 to 2023 in criminal  side has been prepared and uploaded  in the website of the Court for the  guidance of the Judicial Officers of  the State and other stake-holders. 

• Dress Code for the employees: In  view of the resolution passed in  District Judges’ Conference, 2023 and  agreeing with the proposal made by the  Court regarding provision of uniform  allowance for all the Group-A, B &  C employees working in the District  and Civil Courts of the State as per  recommendation of Justice Shetty  Commission, the State Government  vide their Law Department Resolution  No. 11006/L dated 09.06.2023 have  granted uniform allowance of ₹ 4000/- (Rupees Four Thousand) only once  in two years along with quarterly  washing allowance of ₹ 200/- (Rupees  Two Hundred) only to all the regular  Group-A, B & C employees working  in the District and Civil Courts of the  State for implementation of dress code  for them w.e.f. 01.04.2023. 

• Merger of R-5 Series, deletion of  R-30-B (Civil), deletion of R-14  (Civil) and Renaming of existing  R-14-A & R-14-B (Civil): Pursuant  to the resolutions passed, necessary  amendments have been carried out  in the GR & CO (Civil). 

• The Sheristadars posted in the Court  of Senior Civil Judges and Civil Judges  may be designated as “Administrative  Officers”: Pursuant to the resolutions  passed, necessary amendments have  been carried out in the GR & CO  (Civil) and GR & CO (Criminal). 

IV. Proposed Amendments

a. Proposal for amendment of the Odisha District and Subordinate Courts’ Non-  Judicial Staff Services (Method of  Recruitment and Conditions of Service)  Rules, 2008.

• Enhancement of entry level  educational qualification of Junior  Clerks in the District & Subordinate  Courts of the State.

• Discontinuance of payment of  application and examination fee for  recruitment to different posts and  services in the District & Subordinate  Courts of the State.

• Provision for conducting Typewriting  Test (in case of Stenographers &  Typist) through Computer System  instead of Typewriting Machine.

• Deleting/Omitting the existing  provisions relating to Group-D  cadre posts in the Odisha District  & Subordinate Courts’ Non-  Judicial Staff Services (Method of  Recruitment & Conditions of Service)  Rules, 2008 & amendments made  thereto, after coming into force of  the Odisha District & Subordinate  Courts’ Group-D Employees (Method  of Recruitment & Conditions of  Service) Rules, 2021.

In view of the resolution passed in the Conference,  the Odisha District and Subordinate Courts’ Non-  Judicial Staff Services (Method of Recruitment  & Conditions of Service) Rules, 2008 have been  suitably amended vide the Odisha Gazette  Notification No. 1434 dated 28.06.2023 with  respect to the aforementioned topics.

V. Management
a. Personnel Management, Resource Management & Stress Management,
b. Bar Management & Local Management
c. Talk on best management practice
d. Suitable instructions were imparted to the District Judges pursuant to the resolutions passed.

VI. Judicial Officers on Social Media- Repercussions (Talk, Discussion)

a. Behavior on Social Media and contents  shared.

b. Should there be any instructions apply to  the judicial officers using Social Media?

c. Whether there is any judicial integrity issue when judges use Social Media?

d. Risks for judicial officers using Social Media.

Suitable instructions were imparted to the  Judicial Officers of the State pursuant to the  resolutions passed.

VII. Budget, Planning and Expenditure 

a. Preparation of the Budget- Practice and  procedure 

b. Bottlenecks in utilization of funds 

c. Issues and challenges on preparation of  budget and utilization of funds. 

d. Issues on Purchase of vehicles for Judicial  Officer of the District Courts as per the  entitlement. 

Suitable instructions were imparted to the District  Judges pursuant to the resolutions passed and  the State Government was moved for purchase  of vehicles for the Judicial Officers of the State. 

VIII. Infrastructure, Establishment of the  Courts – Requirement and Challenges

a. Challenges faced for proper infrastructure  with adequate budgetary provisions w.r.t.  Judiciary vis-à-vis establishment of new  Courts:  Pursuant to the resolution adopted in the  Conference, Additional Chief Secretary,  Revenue & Disaster Management,  Government of Odisha has nominated the  Additional District Magistrate (Revenue)  of all the Districts as the Nodal Officers  of the Districts w.e.f. 13th February, 2023  for coordination with District Judges  concerned and for sanction & to expedite  the process of alienation and delivery of  advance possession of the selected and  requisitioned land in favour of Judiciary  within the stipulated period in favour of  the Law Department for improvement  of Judicial Infrastructure.

b. Challenges faced in repair, renovation and  improvement work of the Buildings for  the Court spared by other Departments  of the Government.- It is resolved inter  alia that the State Government as a  matter of principle shall provide readyto-  use infrastructure, including land,  Court Buildings and officer and staff  quarters, within three months of the  Court’s establishment notification. If the  State Government fails to provide such  permanent ready-to-use infrastructure  for any reason, the High Court shall  bear all costs of repair/renovation/  improvement/maintenance of any  residential and non-residential building  spared by the Government/PSU for  the opening of a new court from funds  made available in the budget solely for  the District Judiciary. The future repair/  renovation/ improvement/ maintenance  work of such Building shall also be the  responsibility of the Judiciary being  the user department till the same is in  occupation of the District Judiciary.

c. Fencing of alienated sites by barbed  wire to prevent encroachment- Reconsideration  of earlier decision: It is  resolved inter alia that after completing  the alienation process or assuming  advance possession of the sites, District  Judges should ensure fencing them with a  boundary wall, to prevent encroachment..

d. Issues relating to safe-keeping of the land records of the District Judiciary in their respective Judgeship.- It is resolved that  henceforth the original R.O.Rs and other  Revenue documents would be preserved  in safe custody of the relevant District  Court’s Chief Administrative Officer etc.

e. Monitoring of the projects taken up  under the Centrally Sponsored Scheme  (CSS) at all levels.- It is resolved inter alia  that the District Judges and executing  agencies must work together to finish  the District Court Complexes and Taluk  Court Complex projects under CSS in  a timely manner, within 12-18 months  and 6-9 months, respectively, from the  date of agreement.

f. Fixation of yardstick for creation of the  additional post of Salaried Amin in the  District Judiciary of the State:

In view of the resolution passed in the  Conference, the yardstick for creation of  additional posts of Salaried Amin has been fixed  and the recommendation was made to the State  Government for creation of additional posts of  Salaried Amins in different Judgeships of the  State. Subsequently, the State Government  vide their Law Department Letter No. 12372/L  dated 14.07.2023 have created additional 65  (sixty five) posts of Salaried Amins in different  Judgeships of the State. 

Further, the Rule 186-A of the G.R. & C.O. (Civil)  Volume-I 1985 Edition has been suitably amended  as per such resolution.