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HIGH COURT OF MADHYA PRADESH: JABALPUR

MEMO

No.r1-1/Confth112022 Dated:-21February, 2022


1145-47195
To,
Principal District & Sessions Judges,
Alira pur/ Anuppur/ Ashoknagarf Balaghall Barwanit
Betel/ Bland/ BhopaV Burhanpur/ Chhatarpur/
Chhindwara/ Demob/ Dahl& Dewasl Dhar/ Dindori,
Khandwa/ Guns/ Gwallorf Hartle./ Hoshangabadf Indore!
Jaba purf Jhabua/ Katni/ Mandlal Mandsaur) Morena(
Wars nghpurf Neemuch/ Panne/ Raisen/ Rajgarhl
Radom/ Rewaf Sagan/ Satna/ Sehore/ Seoni/ Shahdoli
Shajapuri Shea/our/ Shivpurif Sidhi/ Singraulii
Tikamgarhl Ujjainl Umarlai Vidisha/ Mandleshwar
(M.P.),

Subject : Regarding General Transfer Exercise for the year 2022.

As directed, I am to state that certain modifications have• been rate in the

Transfer Guidelines. 2022 regarding incorporation of the zonal sysiem in the

Guide Ines. Therefore, please find enclosed herewith modified Trans‘er

2022 for distributing the same to all Judicial •Officers working under you 'or

Pr information and necessary compliance.

I am further directed to add that in furtherance of the above Tocificalions,'

j Judibial Officers who are in Transfer Zone may submit their representations within?

days i.e. latest by 03.012022. Ills further informed that in the absence of receipt of

representations before due date, It may be presumed that the Judicial Officer has

nothing to offer and further proceedings will be taken up accordingy,

It is further Informed that previous representations sent by J.:die:al Officers

under unmodified Transfer Guidelines, 2022 have become infructucus ard no acion

will be taken on these representations.

An advance copy of representation may be sent to the Racist:Far General

directly by 03.03.2022 on E-mail id- reggenmpl3@yahoo.com .

Enclosed:- Modified Transfer Guidelines, 2022.

REGISTR SHERRI!' 4121—


. TRANSFER GUIDELINES OF THE HIGH COURT OF M.P.

In supersession of all previous policies and guidelines,


High Court of Madhya Pradesh issues this Transfer Guidelines
2.022 as a Guideline to process the General Transfer Exercise of
the Judicial Officers of District Judiciary of the State

Transfer Guidelines, 2022 shall come into force with


effect from 17 January, 2022

These Transfer Guidelines are intended to streamline


the process of Transfer/Extension,

11] The general transfer exercise of the Judicial Officers


shall normally be initiated from 157 of January of each year and
shall be finalized by 317 March of every year.

[21 These Guidelines may be relaxed generally or in


individual cases by the Chief Justice in respect of all or any Judicial
Officer and specifically with respect to Judicial Officers posted in the
Registry at the Principal Seat, Jabalpur and the Benches at Indore
and Gwalior, in MPSJA and with the State Government.
Consequently transfersfpostings/continuance prematurely or
beyond the normal tenure of such Judicial Officers shall be decided
by the Chief Justice.

131 The normal approximate tenure of posting in a district


shall be of 3 years. For the purpose of calculating the period, the
date of 317 March of the year shall be the cut-off date from the date
of joining and for the purpose of computing the tenure of posting the
period exceeding six months k all he rounded off and treated as fill
•yeaF .

The pieces available for posting are divided into 4


categories mentioned as A, B, C & as notified by he Chief
Justice from time to time, The phrase 'Outlying Courts?' used in
tnese Guidelines will not Include the outlying courts mentioned in
Category C Cate.gory B be deemed lower (riel inferior) to
Cateoory A and so on.

14(a)) Furthermore, the State shall be divided into following


four zones:-

!Zone No. Name of Zone

Gwalior

II !odor°

Ill Jabalpur

Nowa

The details of these zones are shown as Annex-aro-12.

151 A Judicial Officer who on 31s' March of that Calendar


Year is going to complete his normal tenure of posting ax a place
may submit a representat an through Principal District Judge to the
Registrar General by 15 January of the Calendar Year, provided
that any representation seeking extension of tenure beyond normal
period of tenure of one year shall be submitted to the Principal
District Judge who shall forward the same to Registrar General
along-with Mettler comments in the matter.
3

tel Normally, the following grounds may be considered for


extension of tenure.

(a) That the child of the Judicial Officer is• studying


at the place of his current posting, and is in the
Final Year of a Hoard Examination or
University Examination.
(b) Extension of tenure by a period of one year
may also be granted in case the Judicial
Officer, his spouse or children or aged parents
(normally residing with the officer at his current
place of posting) are suffering from any
serious and acute (not chronic) ailment.
(c) Any other substantial reason because of which
in the opinion of the Flortble Portfolio Judge,
as recommended by the Committee, the Chief
Justice considers that the overstay is
necessary.
(d) If any Judicial Officer submits such
representation covered by sub-clause (a), (b)
or (c) above to his Principal District Judge for
being forwarded to the Registrar General, it
will be obligatory for the Principal District
Judge to send the representation alongwith his
comments through the Portfolio Judge
concerned within one week of its receipt after
the necessary verifications. The Registry •will
place the matter before the concerned
Portfolio Judge within a week from the last
date of receipt of representations, and the
Portfolio Judge will return the the with his
comments/opinion within a week thereafter.
Provided that any application seeking extension on
present place of posting shall be entertained only in exceptional
circumstances and when it is supported by cogent and substantial
reasons.
11 On the receipt of skch lepresentations for extension of
tenure at a place in the Registry, the same shall be f °molded :o
Hotible the Portfolio Judge to F the comments of His Lordship

[8(afi All such Judicial Officers; who are due for tcansfer
may submit their option for posting in any 3 remaining zones
and further may submit their option of 3 places of different
categories in each zone namely, 9 options in all.

Normally, a Judicial Officer shall be transferred from


category "A" to category ' 8", category "B" to category "C",
category "C" to category "D" and front category "D" to
category "A" within the opted 3 zones by such Judicial
Officers. Therefore, a Judicial Officer may opt any lower
category of place from that of the category of his present place
of posting.

Mb)) The places, so opted by the Judicial Officers, shall


be approximately 200 KM away from the present place of
his/her posting.

Provided that Officers may be transferred at any place


other than opted places in Administrative Exigencies and the
preferences opted by the Judicial Officers may, if so required, be
taken into consideration while making transfers

191 The Judicial Et:Peens), seeking extension or :enure on


the grounds stated heretnabove shall also simultaneonly subrrit
representations indicattno the option of places from categones as
per Guidelines as mentioned above.
[1O] In cases where a Judicial Officer has not completed his
normal posting tenure at a place but for any substantial reason
wants premature transfer from his present place of pasting, such
Officer may also submit his representation through the Principal
District Judge for Premature transfer, to the Registrar General.
Alongwith his representation, the officer shall also indicate minimum
9 options of places from categories as per the Guidelines as
mentioned above

Provided that any application seeking premature transfer


shall be entertained only in exceptional circumstances and when it
is supported by cogent and substantial reasons.

[11] In cases of Husband and Wife, who are Judicial Officers


and are working in the State of Madhya Pradesh. attempt would be
made to post them at the same place, aster as possible. However,
if posting of Husband and Wite at one place R not possible.
endeavour shall be made to post them at nearby places, subject to
the administrative exigencies and other factors which May be
considered relevant.

PIM Where the spouse, child or parent or any other first


degree relative of a Judicial Officer is suffering From terminal
ailments like cancer, kidney failure warranting dialysis, or who has
undergone open heart surgery in the recent past, provided they are
normally residing with the Judicial Officer, such officer may be
granted preference by posting him in a place where or near which
proper treatment facilities For these ailments are available. However,
adjustment in this category shall be granted only on produdion of
proper medical certificate •from the District Medical Board and
certified by the Principal District Judge concerned upon yenficat on

[13] A Judicial Officer, who is on deputation with the government


except those who are perforning Judicial work shall normally be
required to cc me back to the parent department after omelet ng a
maximum of two years of such pasting. The nal mal period for E.-
Cadre assignment shall be three years No extension of deputation

shall be granted af er a period of two years However, under


exceptional circumstances, if requested by the Foreign Department
and if approyed by the Chief t ustice, extension of one year may ne

;ranted
Judicial Officers working at the Main Registry and
Benches at Inclare, Gwalior shall be deemed to be performing
wdicia work Theiefore, they will also be covered by this Guideline

1141 A freshly promoted/appointed Judicial Officer, or a


Judicial Officer posted on a post which does not involve the normal
judicialiadjudicatory functions, will normally not be allowed to go to
another non-Judicial post, unless he completes at least a three
years tenure on a post involving Judicial functions

[15] A Judicial Officer, who is suffering from a physical


disability restricang hather normal mobility and such disability Is
certified to be more than rrOgy by the appropriate Medical Board,
shall not be required to hole link Court

(161 Representations of Judicial Officers recording transfer /


premature transfer / extension of tenure at present place of posting
should be submitted in the prescribed format attached with the
Transfer Guidelines.

[17] Notwthstanding anything contained herein, the Chief


Justice or on his behalf, the Committee of Honffile Judges
nominated by the Chief Justice will have powers to pass any order
in the matter of the transfer or posting of Judicial Officers in the
cases of Administrative exigencies.

[18] In regard to matters, which are not specifically provided


or covered in these Guidelines the Chief Justice may issue such
general or particular directions as may be considered necessary. In
case any doubt arises with regard to these Guidelines or iits
implementation, the same will be clarified by the Chief Justice and
such clarification will be treated as part of these Guidelines.

(RAJENDRA KUMAR VANI)


REGISTRAR GENERAL
ANNEXURE —"1"

CATEGORY OF PLACES

Category Places

(1) Bhopal (2) Gwalior (3) Indere (4) Jabalpur (5) (Juan
(1) Datia (2) Oewas (3) Guns (4) Boshangabad (5) Katts
(6) Khandwa (7) Morena (8) Nars nohpur (9) Raises {10)
Fiesta (11) Sanar (12) Satna (13) Sehore (14) Virtisha (15)
Chhatarpur (5) Chhindwara (17) Dhar (18) Kharcone (19)
West Nksar (Mandleshwat) (20) Ratlarn (21) Or, Arnbedkar '

Nagar

c. Distrist Headquarter

(1) Ashohnagar (2) Al reipur (3) Anuppur (4) Bannani

(5) Balaghat (6) Bet») (7) Bhind (8) Burhanour (9) Damch
(10) Dindor (11) Hama (12) Jhabus (13) Merida
(14) Mandsaur (15) Neantuch (16) Parma (17) Rajgarh
(18) Stems (9) Shahdol (20) Shampur (21) Sheopur

(22) Shivpun ;23) Sidhi (24) Sinaroul) (Wadhan)

(25) Thkamgarh (26) Umana

Teh3 I Heads sarters


(1) Ashta (2) 3asoda (3) Bna
(4) B ora (5) Jabra (6) Gadarwara (7) Multal

(8) Siam] (E.) Sonkatcl- (10) Smalpur (11) Gohad (ehird)


(12) Parwaha (Mandleshimr)
Places not includod in the above categories
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ANNEXURE —"3l''
Format
Representation for transfer I premature transfer /.extension of tem_re.
Entries to be filled by Judicial Officer (Applicant).

1. Name of the offer I


i
2 Post held
,
3 Tenure at present place of posting

4.' Reasons i Grounds for transfer/


premature transfer / extension of!

tenure, in short (Relevant

documents, if any, may be attached ll

separately)

, S. Options in any 3 remaining zones of (Zone)


13 places of different categories other I .
1 1 1
than the zone and category in which 2 2 , 2
3 3
13 I the officer is serving
regarding previous
a. , Information
I I
I representations with date / dates I
' I
submitted from the present place of

I posting

! LI Dated

Signature of Judicial Officer

Comments of Principal District Judge:-

Principal District Judge

Comments of Non' tale Portfolio Judge:-

Judge

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