Skip to contentSkip to left sidebar Skip to footer

10. Lacking Efficiency

10. Lacking Efficiency: In the following circumstances, the judge shall be deemed of lacking efficiency:
(A) In case he\she has not initiated or decided the case within the time limit as prescribed by the law without any reasonable cause,
(B) If he\she has unduly delayed cases by not issuing order or decision at once though it has to be done or could be done at once or postpone the case unnecessarily, though it has not to be required to postpone or not to reopen the pending case or initiation of case by adopting unnecessary, irrelevant or unlawful proceedings or
(C) If he\she has accomplished the work lesser than usual standard while proceeding and disposal of the case,
(D) If he\she has made undue effect on the proceedings and decision by applying clearly inapplicable law or by forcefully adopting the different meaning or interpretation by way of avoiding the clear
and unambiguous interpretation or meaning in the course of case proceedings or decision,
(E) If he\she has made different opinion in the same legal questions reflected to different cases and taken proceedings or decision accordingly;
Provided however that, this part shall not be applicable, if the  judge has changed his\her opinion given in the previous cases by mentioning grounds and reasons.
(F) If he\she has, without mentioning any work or reason, caused to make the party of the case to be present at the court unnecessarily or has been escaped from performing the prescribed work to be done in the prescribed date for presence without any reasonable cause,
(G) If he\she has, during the course of issuing order for examination of evidence, issued an order just for asking the inquiry of evidence without mentioning the facts or questions in which both of the
parties are agreed and the facts or questions to be decided in which the parties are not agreed upon and the evidences as are appeared to be taken into inquiry;
(H) If he\she has delivered judgments contrary to the precedent or legal principle laid-down by the Supreme Court, or Provided that, this provision shall not be applicable in case there is no uniformity or certainty in the precedent or legal principle laid- down by the Supreme Court because of the reason that different Benches have delivered different decisions or held different interpretation in the same legal question reflected to different cases.
(I) If he/she has performed any other functions proving that he/she doesn’t have anticipated level of competency in order to perform the duty and responsibility as per his/her position


There are no comments yet

Leave a comment

Your email address will not be published.