Court Management

Executive Mentoring
Mentee to Apply Provisions
Mentee to Decide Cases
Evaluation by Mentor
A PILOT PROJECT REPORT ON MENTOR JUDGE TO DECREASE OLD PENDENCY AND INCREASE RATE OF DISPOSAL IN CIVIL JUDGE JUNIOR DIVISION AND J.M.F.C.COURTS, AT BHIWANDI
A PILOT PROJECT REPORT ON
MENTOR JUDGE
TO DECREASE OLD PENDENCY AND INCREASE RATE OF DISPOSAL IN CIVIL JUDGE JUNIOR DIVISION AND J.M.F.C.COURTS, AT BHIWANDI
(PILOT PROJECT PERIOD FROM
DECEMBER 2012 TO FEBRUARY 2013)
A PROJECT REPOT
Under the Guidance of Shri. Srikant Acharya
SUBMITTED BY
S.R. SALKUTE Roll NO : 521147062

In partial fulfillment of the requirement for the award of the degree of MBA (HRM)
At Halo Technologies and Training Pvt. Ltd. (Study Center-01976)

MBA (HRM), Session (2011 2013)
BONAFIDE CERTIFICATE
Certified that this project report titled A PILOT PROJECT REPORT ON MENTOR
JUDGE,TO DECREASE OLD PENDENCY AND INCREASE RATE OF DISPOSAL IN CIVIL JUDGE JUNIOR DIVISION AND J.M.F.C.COURTS, AT BHIWANDI (PILOT PROJECT PERIOD FROM DECEMBER 2012 TO FEBRUARY 2013), is the bonafide work of Sanjay R.Salkute (Roll No: 521147062) who carried out the project under my supervision.
Learning center faculty/ Head of department
Date
Place:- Thane
INITIAL INFOMRATION
PROJECT TITLE
MENTOR JUDGE, TO DECREASE OLD PENDENCY AND INCREASE RATE OF DISPOSAL IN CIVIL JUDGE JUNIOR DIVISION AND J.M.F.C.COURTS
OBJECTIVE OF PROJECT
To decrease old pendency and Increase rate of disposal in Civil Judge Junior Division and J.M.F.C. Courts
Bhiwandi District Thane, for the Mission to develop Best Practices Guide , At District and Sessions Court, Thane by Executive Mentoring. NAME OF ORGANIZATION : AREA OF THE PROJECT : DISTRICT AND SESSIONS COURT, THANE CIVIL JUDGE JUNIOR DIVISION AND J.M.F.C.COURTS, AT BHIWANDI PROJECT GUIDE PROJECT SCHEDULE : : SHRI. SRIKANT ACHARYA
PILOT PROJECT PERIOD FROM DECEMBER 2012 TO FEBRUARY 2013
PROJECT BY
SANJAY R.SALKUTE
B.Sc.; Post B.Sc.Dip.(Computer Science & Appli.); LL.B.
6th Joint Civil Judge Senior Division Thane & Link Court Bhiwandi, Thane (mail: sanjaysalkute@gmail.com) Program Code :- MBA ;
Specilization :- Human Resources Management Roll No: -521147062
Halo Technologies and Training Pvt. Ltd. Thane
(Study Center-01976)
For Submission to :- SIKKIM MANIPAL UNIVERSITY SMU, Distance Education Wing Syndicate House, Manipal 576104
Acknowledgements
A Mission to develop Best Practices Guide at Thane Court is a golden
opportunity for learning and self development. I would like to express my sincere gratitude to Hon'ble Shri. K.K.Sonawane, Principal District Judge Thane who is also the Patron-In-Chief of Mission to develop Best Practices Guide at Thane Court, for giving me the opportunity to play role as Assistant Mentor Judge. It would never be possible for me to take this pilot project to this level without his innovative ideas and his relentless support and encouragement.
A humble Thanks to Hon'ble Shri. P.H. Mali , District Judge-1 Thane who is also the Chairman of Committee of Mentor Judges for Mission to develop Best Practices Guide at Thane Court ,who monitored my progress and arranged all facilities to make it. I choose this moment to acknowledge his contribution gratefully. My grateful thanks to Hon'ble Shri. A.P. Raghuvanshi , 2nd Adhoc District Judge Thane, & Mentor Judge for Bhiwandi, who in spite of being extraordinarily busy with his duties, took out time to hear, guide and keep me on the correct path. He was always with me in the entire process, shared his knowledge, and encouraged me to think. I take this opportunity to express my deep sense of gratitude for his invaluable guidance which has sustained my efforts at all stages of this project.
I wish to express my deep gratitude and sincere thanks to Hon'ble Bombay High Court, for granting permission to complete MBA (HR) . I would like to express my special thanks to Mentee Judges and Staff at Bhiwandi Court for giving positive response for this project.
Last but not the least, my special thanks to my friend Shri. A.K.Mugul, General Manager, Reliance Industries Limited, Ghansoli, Navi Mumbai and Shri. Srikant Acharya , Shri. Brajgopal Jana, Manager , Halo Technologies and Training Pvt. Ltd. Thane , a study Center(01976) for SMU, Distance Education WingSyndicate House, Manipal 576104 for MBA (HRM) who shared valuable information for Human Resources and management studies that helped in the successful completion of this project. Sanjay R.Salkute
MBA ( Human Resources)

Roll No: 521147062 Halo Technologies and Training Pvt. Ltd. Thane (Study Center-01976)
Executive Summary
MENTOR JUDGE TO DECREASE OLD PENDENCY AND INCREASE RATE OF DISPOSAL IN CIVIL JUDGE JUNIOR DIVISION AND J.M.F.C.COURTS, AT BHIWANDI PILOT PROJECT PERIOD FROM DECEMBER 2012 TO FEBRUARY 2013 The greatest problem of district courts is that of huge backlog of cases leading to undue delay in deciding cases. Shifting the blame on judicial system only will not cure such problem. Now recently the Hon'ble Chief Justice of India has launched a National Court Management Program.
New Methods and New Roles are necessary in the Justice Delivery System which was pleased to addressed by Hon'ble Shri. Justice Mohit S.Shah, Chief Justice of the Bombay High Court at the inauguration of the conference of the Judicial officer on Enhancing Quality of Adjudication at Judicial Academy Uttan, Thane.
At District & Sessions Court, Thane , formulated a mission to develop Best Practices Guide for improving Judicial Quality, Enhancing court management and reduce pendency.
The Hon'ble Shri. K.K. Sonawane, Principal District Judge, Thane who is also the Patron-In-Chief of this mission pleased to establish to develop Best Practices Guide at Thane Court with a series of administrative stages to facilitate continuous monitoring , mentoring and , if necessary to to guide to ensure cases are disposed at the earliest opportunity at Civil Judge Junior Division and J.M.F.C. Courts.
This pilot project is for the one of the object from the mission to develop Best Practices Guide , to decrease old pendency and Increase rate of disposal in Civil Judge Junior Division and J.M.F.C. Courts Bhiwandi District Thane. The period of Pilot project was from December 2012 to February 2013. It is an Executive Mentoring program.
There are Eight Courts of Civil Judge Jr. Dn. & J.M.F.C at Bhiwandi Thane. Physical verification of cases by qualitative and quantitative manner is like a health check of the the court. Unless physically fit , the surgery can not be carried out. So, unless cases
are physically verified by qualitative and quantitative way , the result for new method can not be Calculated /evaluated. At four courts , physical verification by quantitative method was carried out , therefore those courts are selected and taken as Pilot courts. Other Four courts where balance sheet and physical verification was not carried out , those are considered as Non-piloting courts. Some Pilot courts are concentrating over criminal cases though civil cases are vested to them. Mentoring sessions were held for all courts. This pilot project shows effect over piloting and non piloting area.
In this pilot project, the disposal from previous three months from September 2012 to November 2012 was compared with the disposal during the pilot project period . The aspects are researched , for pilot courts , increasing percentage rate of disposal per day and percentage rate of disposal of old pending cases by dissecting balance sheet. For Non-piloting courts were monitored and effect of increase in average rate of disposal of cases per day and average decrease in pendency found. Thirdly overall effect of this pilot project over disposing cases under ADR system. To the end of this pilot project, examine the outcome of the all courts , resistance found to pilot project and suggested need of effective management in the existing environment of judicial system. This pilot project may study by any person therefore some secondary data is presented at relevant stage.
Findings :-Main Factors:A) B) Decreasing the pendency of cases in all courts. a) Pilot courts:(I) Increasing % rate of disposal per day. (II) Decreasing % backlog of old pending cases.
b)
Non-pilot Courts :(i) Average Increase the rate of disposal of cases per day. (ii) Average Decrease the pendency of cases .
c)
For ADR system:- Increase in disposal of cases through Mediation and Maha Lok-Adalat.
Decreasing the pendency of cases in Civil Cases by Pilot Courts. 3rd Joint Civil Judge Jr. Dn.and JMFC Decreased Pendency of 99 cases Disposal for 3rd Joint Civil Judge J.D. &J.M.F.C. In civil cases Increased per day by 1.636 5th Joint Civil Judge Jr.Dn. and JMFC Decreased Pendency of 12 cases Disposal for 5th Joint Civil Judge Jr. Dn. &J.M.F.C. In civil cases Increased per day by 0.428
Decreasing the pendency of cases in Criminal cases by Pilot courts 4th Joint Civil Judge Jr. Dn. and JMFC Decreased Pendency of 145 Cases Disposal for 1.991
4th
Jt. Civil Judge Jr. Dn. & JMFC in criminal cases Is increased per day by
5th Joint Civil Judge Jr. Dn. and JMFC Decreased Pendency of 156 Cases Disposal for 5th Jt. Civil Judge Jr. Dn & JMFC in criminal cases Is increased per day by 5.414 Juvenile Court Decreased pendency of 102 Cases Disposal by Juvenile court is increased per day by 7.202
Pendency decreased by Mediation by Pilot Court Mediation cases disposal by 3rd Joint CJJD & JMFC is increased 07 cases Mediation cases disposal by 4th Joint CJJD & JMFC is increased 21 cases Mediation cases disposal by 5th Joint CJJD & JMFC is increased 10 cases
Decreasing criminal cases pendency by Non-pilot courts Jt. CJJD & JMFC disposal rate increased 1.08 & 10 years old pendency 0.333 (BJ), 9.667 (O.W.) 6th Jt. CJJD & JMFC disposal rate increased 2.294 & 10 years old pendency 1.333 (BJ), otherwise 6.667 (O.W.)
Pendency decrease by mediation by non-pilot court Jt. CJJD & JMFC increased 12 cases. 6th Jt. CJJD & JMFC increased 13 cases.
Conclusion : There is heavy pendency of cases in all courts. Most of the cases are old cases. Each of the pilot courts had a distinctly different experience with the pilot project. For this reason, each court was examined separately in order to consider the extenuating factors that varied from court to court. There are two civil courts . One of the civil court which is pilot court
has given excellent response. The pilot court for criminal cases, where civil cases are vested , has shown satisfactory progress .This pilot project resulted in significant improvement in nearly all areas of case load management. In addition, all the courts showed more favorable results for disposal of cases through ADR System. Experience during the three months of the pilot project has shown that, except resisting courts, the goal of decreasing backlog in the courts is being achieved. This being Pilot Project, the possibility of better results, using other methods may be possible. By effective management, the goal of entire mission is possible for which long term strategy has to be continued. The Policy & Action Plan for National Court Management Systems (NCMS) will be more beneficial for getting dramatically higher results.
Sanjay R. Salkute
Roll No : 521147062 mail: sanjaysalkute@gmail.com

SIKKIM MANIPAL UNIVERSITY MASTER OF BUISNESS ADMINISTRATION (MBA )(Human Resources) SMU, Distance Education Wing Syndicate House, Manipal 576104 Halo Technologies and Training Pvt. Ltd. Thane (Study Center-01976)
CONTENTS
Topic No. 1 1.1 1.2 1.3 1.4 1.5 1.6 1.7 2 2.1 2.2 2.3 2.4 3 4 4.1 4.2 4.3 5 6 6.1 6.2 6.3 6.4 6.5 Points Topic Judicial System In India: An Overview Indian Judiciary Jurisdiction of Supreme court High Courts District Courts Maharashtra Judiciary Objectives Page No. 1-6 1 1 2 4 4 5 6 7-20 7 16 18 19 21-23 24-25 24 24 25 26-27 28-30 28 28 28 28 29
District & Sessions Courts in Maharashtra

Staffing Patterns in the Maharashtra subordinate Judiciary Steps to Reduce Pendency and Disposal of cases National Court Management Systems (NCMS)
Steps taken by Government of India

Steps taken by State Government of Maharashtra Pending cases in State of Maharashtra & Performance of Judiciary in State of Maharashtra Some Important case Laws for Speedy Justice Objective and Scope for Study New Concept of Human Resources in Judicial System Difference between Public Sector & Private Sector Management System New concept of effective Management In Judicial System Literature for Mentoring Need of Formal Mentoring in subordinate Judicial Systemstudy Informal Mentoring by Principle District Judge Need of Formal Mentoring Why Court needs a structured Mentoring Program ? What is Expected Mentoring Program in Judicial System ? Mentoring- New Role by Mentor Judge
7 7.1 7.2 7.3 7.4 8 8.1
Best Practices Guide Mission at District Court Thane Statistical Data for District Court Thane Mission Guidelines and Modalities for the Judge of the Court Actual Functions of Mentor Judge Pilot Project ( Executive Mentoring)
31-33 31 31 32 33 34-41
Reason to Select Executive mentoring project Benefits from Executive Mentoring

Research Objectives Research Methodology Research Design Data (Primary & Secondary) Research Instrument Research Tool Research Plan Pre- Assessment of Data Sample Design Sample Methodology Sample Size for Pilot Project Mathematical Formulas Previous Data Presentation & Analysis
for Pilot
34
8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.1O 8.11 8.12 8.13 8.14 8.15 9 10 10.1 10.2 10.3 10.4 10.5
34 34 35 35 35 35 35 36 36 36 36 36 37 39 42-43 44-52 44 51 51 51 52
Executive Mentoring Sessions : an Overview (pilot project) Pilot Project- Data Presentation & Analysis Pilot Project Data Presentation Observations in Pilot Project Suggestions and Conclusion Limitation of the Study Scope for Further studies
11 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9
Present Assessment System, Future System and Evaluation of Mission Present strategy to evaluate Assessment Observations for present strategy Court Manager System Literature- overview for Performance Appreciation and Management Staffing patters Staff Observations in Pilot Project Literature- overview :For Job-Rotation
Interpretation of Mission to develop Best Practices Guide at Thane Court
53-77 53 53 55 56 65 67 67 69 70
Effective Evolution of Mission from Pilot Project observations Mentoring Sessions
1 2 3
First Sessions summary Second Sessions Summary Third Sessions Summary

TABLE
78 83 91
1 2 3 4 5 6 7 8 9 10
Work Force ( Staff) at Bhiwandi Court Previous Data from September 2012 To November 2012 Data From December 2012 To February 2013 Old Cases disposal (Civil) Pilot Court Old Cases disposal (Criminal) Pilot Court Juvenile Court Data ( pilot Court) Old Cases Disposal (civil) Non Pilot Court Old Cases Disposal (criminal ) Non Pilot Court Feed-back Summary by Mentees Cases Settled on the day of Maha Lok Adalat
96 98 99 101 103 106 107 109 111 113 114 115
BIBLIOGRAPHY Data & Abbreviations
MENTOR JUDGE,TO DECREASE OLD PENDENCY AND INCREASE RATE OF DISPOSAL IN CIVIL JUDGE JUNIOR DIVISION AND J.M.F.C.COURTS, AT BHIWANDI
Topic-1
JUDICIAL SYSTEM IN INDIA: AN OVERVIEW
During the ancient times, administration of justice was one of the main functions performed by the king in India. The king decided all the cases according to law and was expected to be absolutely impartial. During Moghul period there were four types of established court vi . !anon "aw !ourt, #evenue !ourt, !ivil and !riminal !ourts. During the $ritish rule in India, Mayor%s courts in the &residency towns of Madras, $ombay and !alcutta were established. 's per #egulating 'ct, ())* established the +upreme !ourt was established in !alcutta. Indian judicial system during this period consisted of two systems of courts, +upreme !ourts in the &residency Towns of !alcutta, and three -igh !ourts at !alcutta, Madras and $ombay were established. In tune with the changing times, a legal and judicial system developed into a well. organised modern system of law and administration of justice, which India inherited on its becoming independent.
1.1
Indian Judiciar
The /udiciary of India is an independent body and separate from the 0xecutive and "egislative bodies of the Indian 1overnment. The judicial system of India is stratified into various levels. 't the 'pex is the +upreme !ourt of India, which is followed by -igh !ourts at the +tate "evel. District !ourts are at district level.
1.! JURISDICTION O" T#E SU$REME COURT

The +upreme !ourt has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the 1overnment of India and one or more +tates or between the 1overnment of India and any +tate or +tates on one side and one or more +tates on the other or between two or more +tates, if and insofar as the dispute involves any 2uestion 3whether of law or of fact4 on which the existence or extent of a legal right depends. In addition,
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'rticle *7 of the !onstitution gives an extensive original jurisdiction to the +upreme !ourt in regard to enforcement of 8undamental #ights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, 2uo warranto and certiorari to enforce them. The +upreme !ourt has been conferred with power to direct transfer of any civil or criminal case from one +tate -igh !ourt to another +tate -igh !ourt or from a !ourt subordinate to another +tate -igh !ourt. The +upreme !ourt, if satisfied that cases involving the same or substantially the same 2uestions of law are pending before it and one or more -igh !ourts or before two or more -igh !ourts and that such 2uestions are substantial 2uestions of general importance, may withdraw a case or cases pending before the -igh !ourt or -igh !ourts and dispose of all such cases itself. 9nder the 'rbitration and !onciliation 'ct, (::;, International !ommercial 'rbitration can also be initiated in the +upreme court. T%& Supr&'& Cour( %a) a*)o a +&r ,id& app&**a(& -uri)dic(ion o+&r a**
Cour() and Tri.una*) in India in a) 'uc% a) i( 'a / in i() di)cr&(ion/ 0ran( )p&cia* *&a+& (o app&a* und&r Ar(ic*& 112 o3 (%& Con)(i(u(ion 3ro' an -ud0'&n(/ d&cr&&/ d&(&r'ina(ion/ )&n(&nc& or ord&r in an cau)& or 'a((&r pa))&d or 'ad& . an Cour( or Tri.una* in (%& (&rri(or o3 India.
1.1 #I4# COURTS

The -igh !ourt stands at the head of a +tate<s judicial administration. There are (= -igh !ourts in the country, three having jurisdiction over more than one +tate. 'mong the 9nion Territories Delhi alone has a -igh !ourt of its own. 5ther six 9nion Territories come under the jurisdiction of different +tate -igh !ourts. 0ach -igh !ourt comprises of a !hief /ustice and such other /udges as the &resident may, from time to time, appoint. The !hief /ustice of a -igh !ourt is appointed by the &resident in consultation with the !hief /ustice of India and the 1overnor of the +tate. 0ach -igh !ourt has power to issue to any person within its jurisdiction directions, orders, or writs including writs which are in the nature of habeas corpus, mandamus, prohibition, 2uo warranto and certiorari for enforcement of 8undamental #ights and for any other purpose. This power may also be exercised by any -igh !ourt exercising jurisdiction in relation to territories within which the cause of action, wholly or in part, arises for exercise of such power, notwithstanding that the seat of such 1overnment or authority or residence of such person is not
2 5f ((6
within those territories. 0ach -igh !ourt has powers of superintendence over all !ourts within its jurisdiction. It can call for returns from such !ourts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept. The following Table below gives the seat and territorial jurisdiction of the -igh !ourts. JURISDICTION AND SEAT O" #I4# COURTS
Na'& A**a%a.ad And%ra $rad&)% 7o'.a Y&ar 1522 1:;2 152! T&rri(oria* &)(a.*i)%'&n( -uri)dic(ion U((ar $rad&)% And%ra $rad&)% Ma%ara)%(ra/ 4oa/ Dadra and Na0ar #a+&*i and Da'an and Diu Ca*cu((a D&*%i 152! 1:22 W&)( 7&n0a* D&*%i A))a'/ Manipur/ M&0%a*a a/ Na0a*and/Tripura/ Mi=ora' and Arunac%a* $rad&)% 4u-ara( #i'ac%a* $rad&)% Ja''u ? >a)%'ir >arna(a8a >&ra*a ? La8)%ad,&&p Mad% a $rad&)% Ta'i* Nadu ? $ondic%&rr Ori))a 7i%ar $un-a./ #ar ana ? C%andi0ar% Ra-a)(%an Si88i' S&a( A**a%a.ad 67&nc% a( Luc8no,9 # d&ra.ad 7o'.a 67&nc%&) a( Na0pur/ $ana-i and Auran0a.ad9 Ca*cu((a 6Circui( 7&nc% a( $or( 7*air9 D&*%i 4u,a%a(i 67&nc%&) a( >o%i'a/ Ai=,a* ? I'p%a*. Circui( 7&nc% a( A0ar(a*a ? S%i**on09 A%'&da.ad S%i'*a Srina0ar ? Ja''u 7an0a*or& Erna8u*a' Ja.a*pur 67&nc%&) a( 4,a*ior and Indor&9 Madra) Cu((ac8 $a(na 67&nc% a( Ranc%i9 C%andi0ar%
4u,a%a(i6!9
1:<5
4u-ara( #i'ac%a* $rad&)% Ja''u ? >a)%'ir >arna(a8a619 >&ra*a Mad% a $rad&)% Madra) Ori))a $a(na $un-a. ? #ar ana6<9 Ra-a)(%an Si88i'
1:2@ 1:A1 1:!5 155< 1:;5 1:;2 152! 1:<5 1:12 1:A;
1:<: 1:A;
Jod%pur 67&nc% a( Jaipur9 4an0(o8
1.< Di)(ric( Cour()

The District !ourt of India are presided over by a principal District /udge. They
3 5f ((6
administer justice in India at a district level. These courts are under administrative and judicial control of the -igh !ourt of the +tate to which the district concerned belongs. The highest court in each district is that of the District and +essions /udge. This is the principal court of civil jurisdiction. This is also a court of +essions. +essions.triable cases are tried by the +essions !ourt. It has the power to impose any sentence including capital punishment. There are many other courts subordinate to the court of District and +essions /udge. There is a three tier system of courts. 5n the civil side, at the lowest level is the court of !ivil /udge 3/unior Division4. 5n criminal side the lowest court is that of the /udicial Magistrate. !ivil /udge 3/unior Division4 decides civil cases. 't the middle of the hierarchy there is the !ourt of !ivil /udge 3+enior Division4 on the civil side and the !ourt of the !hief /udicial Magistrate on the !riminal side. !ivil /udge 3senior division4 can decide civil cases of any valuation. There are many additional courts of 'dditional !ivil /udge 3senior division4.The /urisdiction of these addition courts is the same as that of the principal court of !ivil /udge 3+enior Division4. The !hief /udicial Magistrate can try cases which are punishable with imprisionment for a term up to seven years. 9sually there are many additional courts of 'dditional !hief /udicial Magistrates. /udicial independence of each court is the characteristic feature of the district judiciary. In each district there is a strong bar which ensures that courts decide cases according to law and without fear or favour.
1.;
Ma%ara)%(ra Judiciar O.-&c(i+&
The word Maharashtra is the land of the Marathi speaking people. >hen 1oa attained statehood in (:=) the -igh !ourt came to have jurisdiction 5ver the two +tates i.e. Maharashtra and 1oa and over the 9nion territories of Dadra and ?agar -aveli, and Daman and Diu. 8or the present -igh !ourt of /udicature at $ombay has its three benches at ?agpur, 'urangabad, and &anji 31oa4, exclusive of main bench at $ombay.
The territorial jurisdiction of the various $enches is as follows , IN T#E #I4# COURT O" JUDICATURE AT 7OM7AY / MAIN 7ENC# 67OM7AY9 $ombay , @olhapur, ?ashik, &une, #aigad, #atnagiri, +atara, +angli, +indhudurg, +olapur, Thane, Dadra A ?agar -aveli at +ilvassa, Daman, Diu IN T#E #I4# COURT O" JUDICATURE AT 7OM7AY/ NA4$UR 7ENC# 'kola, 'mravati, $handara, $uldhana, !handrapur, ?agpur, >ardha, Bavatmal
4 5f ((6
IN T#E #I4# COURT O" JUDICATURE AT 7OM7AY / AURAN4A7AD 7ENC# 'hmednagar, 'urangabad, $eed, Dhule, /alna, /algaon, "atur, ?anded, 5smanabad, &arbhani IN T#E #I4# COURT O" JUDICATURE AT 7OM7AY / 4OA 7ENC# ?orth 1oa3&anaji4, +outh 1oa3Margao4
1.2 Di)(ric( ? S&))ion) Cour() in Ma%ara)%(ra

There are 7: District A +essions !ourts in the state of Maharashtra . In addition to this , the 1overnment of Maharashtra, in consultation of the -on%ble the !hief /ustice, -igh !ourt at $ombay , has established sessions divisions at taluka stations to exercise jurisdiction in a court of +ession, in several districts. 'ppeals arising out of matters decided by /udicial Magistrate 8rist !lass and !hief /udicial Magistrate lie to the !ourt of +ession and then to the -igh !ourt. 'ppeals against the decisions given by !ivil /udge /D and !ivil /udge +D3in which value of subject matter exceed #s.(CCCCCC lie in District !ourt. The appeals in the matters , in which valuation of subject matter is above #s. (CCCCCC are to be filed directly in the -igh !ourt. 8amily !ourts are also established in the state of Maharashtra at $ombay, &une and ?agpur, to decide matrimonial matters. In addition to above +pecialised tribunals are also established under various enactments such as the Income tax 'ppellate Tribunal, Maharashtra 'dministrative Tribunal, the +ales Tax 'ppellate Tribunal, the !onsumer 8orums, , the Debt #ecovery Tribunal , +chool Tribunal, 9niversity Tribunal.etc. 'll these tribunals are under the superintendence of the -igh !ourt within whose territorial jurisdiction they function. M&anin0 o3 ( p&) o3 ca)&) :- The cases are primarily classified in two classes vi . !ivil and !riminal. The case seeking remedy with reference to the property and other civil rights given under any civil law is said to be civil case. !riminal case is a case for violation of act prohibited by law for which punishment of imprisonment D fine is prescribed. -owever, after conclusion of hearing, a judgment is re2uired to pronounced in courts as early as possible and within(6 days and in civil side in no case beyond 7 months, after final arguments are heard.
1.A
S(a33in0 $a((&rn) in (%& Ma%ara)%(ra Su.ordina(& Judiciar : The service
conditions of the staff of the subordinate courts is a significant factor having bearing on the working of the subordinate courts and is directly connected to the administration of justice and thereby the rule of law. +taff pattern for subordinate judiciary is under the administrative control of $ombay -igh !ourt are as per !ompendium 3!ompendium of 'dministrative and 8inancial powers delegated to the /udicial officers and as per 1.#." and /.D.?o.+#5.(C6:D6*7:D:()*./, dated 7=th 'ugust, (:;( 4 and +tudy 1roup #eport 3 #eport of
5 5f ((6
the +tudy 1roup appointed by the -igh court and organi ational set.up and staffing pattern of the Mofussil !ourts (:=( 4.
6 5f ((6
M0?T5# /9D10,T5 D0!#0'+0 5"D &0?D0?!B '?D I?!#0'+0 #'T0 58 DI+&5+'" I? !IEI" /9D10 /9?I5# DIEI+I5? '?D /.M.8.!.!59#T+, 'T $-I>'?DI
Topic -!
STE$S TO REDUCE $ENDENCY AND DIS$OSAL O" CASES
#ecently the -on<ble The !hief /ustice 5f India, pleased to release &olicy A 'ction &lan for ?ational !ourt Management +ystems 3?!M+4. It is pleased to formulate scheme , it speaks at , !hapter .7 3$4, 5bjectives, one of the main element I.e.3*4, ' system of !ase Management to enhance user friendliness of the /udicial +ystem, !hapter .; at ;.(C &rinciples re2uired to be adopted for effective court management and case management need to be identified. !.1 Na(iona* Cour( Mana0&'&n( S )(&') 6NCMS9: +ome material points relating to this
projects are as,. The 1overnment of India has approved setting up of F?ational Mission for /ustice Delivery and "egal #eforms. +9&#0M0 !59#T 58 I?DI' ,?'TI5?'" !59#T M'?'10M0?T +B+T0M+ 3?!M+4 &5"I!B '?D '!TI5? &"'? '. $ackground and #ationale ,. India has one of the largest judicial systems in the world Gwith over * crores of cases and sanctioned strength of some (;,CCCH /udges. The system has expanded rapidly in the last three decades, reflecting India%s social, economic and political development in this period. It is estimated that the number of /udgesD!ourts expanded six fold while the number of cases expanded by double that number G twelve fold. The judicial system is set to continue to expand significantly over the next three decades, rising, by the most conservative estimate, to at least about (6 crores of cases re2uiring at least some )6,CCC !ourtsD/udges. +omeH )IJ of the cases in Indian courts are less than five years old, of which some HICJ are less than ( year old. There is an urgent need to make the /udicial +ystem Ffive plus free% 3i.e.,free of cases more than five years old4 by addressing the H7;J of cases that are older than five years. There is an e2ually urgent need to shorten the average life cycle of all cases G not only time spent within each court, but also total time in the judicial system as a whole, to bring the average to no more than about one year in each court. There is also need to systematically maintain and continuously seek to enhance 2uality and responsiveness of justice. 'ddressing these challenges will re2uire substantial upgrading of court management systems. Today, data on cases filed in the Indian judicial system is still gathered and maintained in manual data systems by courts across the country 3especially data of subordinate courts where nearly :CJ if the litigation resides4 involving manual recording of case and court information in over 6C.;C registers or manuals 3or more4. 0ach month, considerable time is spent by local courts compiling data from manual registers to submit reports to higher courts. There are a few 7 of 115
exceptions where information is entered and maintained in computeri ed systems at the subordinate court level. There are inconsistencies across +tates in terms of the data categories and criteria applied to the data 3for example, in some states supplementary matters, or sometimes even each prayer for relief, may be counted as a separate case whereas in other states only the main case may be counted as a caseK the nomenclature used for cases varies widely and is not comparable in some cases4. This makes it 2uite difficult to compare data across +tates. Eery little data is available in real time. 't the present time, some data is gathered by the +upreme !ourt from -igh !ourts and published in its !ourt ?ews. +ome data is also gathered by the Department of /ustice from -igh !ourts. This latter information is not publicly accessible. Data on criminal cases is compiled by the ?ational !rime #ecords $ureau. This data is also based on a set of criteria that are different from those used by the judiciary and hence the two sets of data appear to be mutually incompatible. Data is not based on performance standards G thus, in the absence of time tables or data systems that will track individual cases against established time standards, there is in fact no scientific data on delays in courts today. Data is manual, sometimes inconsistent, splintered and not available in real time. 'n accurate and complete national picture of the performance of the Indian judicial system is not readily available. It is therefore hardly surprising that there is considerable misunderstanding amongst policy makers and people at large about the performance of the judicial system at the national levelK and the challenges it faces. !ritical national policy challenges such as Ldocket exclusionM are not surfaced by the data that is currently available. ?or is there ade2uate data to permit a meaningful analysis of timeliness, 2uality or efficiency of the judicial system. ' number of initiatives are currently underway to moderni e and strengthen the judicial system. The development and implementation of these initiatives will re2uire reliable data and statistics about the judicial system. 0ffective administration of an increasingly large and complex judicial system is not national level. 7. O.-&c(i+&): 'gainst the above background, the -on%ble !hief /ustice of India, -on%ble /ustice +.-. @apadia has expressed a desire to establish comprehensive !ourt Management +ystems for the country that will enhance 2uality, responsiveness and timeliness of courts. 8 of 115 possible without a well developed system of judicial statistics and an effective management information system being available to the judiciary at the
-on%ble the !hief /ustice of India, after consulting the Minister of "aw and /ustice in the 1overnment of India, is pleased to establish ?ational !ourt Management +ystems. The ?ational !ourt Management +ystems will be under overall control of -on%ble the !hief /ustice of India. It will following six main elements, 3(4 ' ?ational 8ramework of !ourt 0xcellence 3?8!04 that will set measurable performance standards for Indian courts, addressing issues of 2uality, responsiveness and timeliness. 374 ' system for monitoring and enhancing the performance parameters established in the ?8!0 on 2uality , responsiveness and timeliness. 3*4 ' system of !ase Management to enhance user friendliness of the /udicial +ystem. 3I4 ' ?ational +ystem of /udicial +tatistics 3?+/+4 to provide a common national platform for recording and maintaining judicial statistics from across the country. ?+/+ should provide real time statistics on cases and courts that will enable systematic analysis of key factors such as 2uality, timeliness and efficiency of the judicial system across courts, districtsDstates, types of cases, stages of cases, costs of adjudication, time lines of cases, productivity and efficiency of courts, use of budgets and financial resources. It would enhance transparency and accountability. 364 ' !ourt Development &lanning +ystem that will provide a framework for systematic five year plans for the future development of the Indian judiciary. The planning system will include individual court development plans for all the courts. 3;4 ' -uman #esource Development +trategy setting standards on selection and training of judges of subordinate courts. The administrative and technological LbackboneM of these systems will be maintained at the +upreme !ourt and overseen by a !ommittee consisting of the representatives. +pecific proposals will be developed in each of these areas for consideration and implementation by and through the -igh !ourts. CHAPTER 5 :PERSONNEL 6.( , +taff of the #egistries of various !ourts is an important element of /ustice Delivery +ystem which gets ignored most of the times. &roper care is not taken to ensure appointment of properly 2ualified staff. Their working and living conditions are deplorable. +ervice careers are not clear. "arge number of matters are shouldered by few staff members. Most of the +tates have only 9 of 115 primarily deal with policy issues. ?!M+ will include the
clerical staff recruitment who rise to become !lerks.of.!ourts, ?a ir or #egistrar. $etween /udicial 5fficers and such clerical staff, there is no 5fficer level recruitment of officials. 6.7 , Minimum number of staff in a given !ourt is fixed by 1overnment !irculars unmindful of the number of matters in that !ourt. Most of the times, one $ench !lerk, one 'ssistant $ench !lerk, one +tenographer and two &eons, are provided to /udicial 5fficers of /oint !ourts. +ame staff is re2uired to deal with files whether they are =CC or =CCC files. Increase in !ourt files does not result in increase in number of staff. &rincipal District /udges have not been delegated with powers to create posts of additional 'ssistant $ench !lerks even where the overall average pendency has been very high. 't many places, identification of ideal number of matters per !ourt have not been done. 6.* ,&olicy is re2uired to be made regarding ideal number of files to be handled by court staff for different !ourts at different levels and, if the number of average matters increases, provision for additional staff be made. 'n outer limit may have to be fixed for cases where number of files increases double than the ideal number, how the same should be dealt with and what will be the responsibility of the +tate in such matters. +tate cannot keep legislating new provisions and laws and crowd cases in !ourts and then decline to give more infrastructure and staff. 6.I , #ecruitment &olicy, +tandard +taffing &atterns and Training &olicies for +taff working in !ourts need to be settled. There is need of L-uman #esource DepartmentM to be established at the -igh !ourts. &osts of !ourt Managers are necessary for professional working of #egistries. CHAPTER 6 : MANAGEMENT OF COURTS AND CASES ;.( , It is necessary to identify best practices for !ourt Management and how to guard against malpractices. !omputeri ation is the riposte. ;.7 ,8or !ase Management, various aspects may re2uire to be looked into, such as,. a. +ettling issues, b. 0ncouraging parties to resort to 'D#, c. 0xtensive use of 5rder N of !ode of !ivil &rocedure, (:C= in civil matters to narrow down issues, d. 8ixing time schedules for specific steps. ;.* , 8ixing time schedules for specific steps. &rocedure for assigning cases to speciali ed !ourts need resolution. !omputeri ation of &rocedures be done. &rocedures be so computeri ed that the moment a case crosses a particular stage, the website shows and computer sets the next stage. 10 of 115
;.I ,0xtensive use of video conferencing facilities be done, including use of free video. conferencing software available on the Internet. ;.6 ,Matters of 'D# are stress.less. Throughout the country, various "ok 'dalats and "iteracy !ampaigns in all the three tiers are being held under the guidance of ?ational "egal +ervices 'uthority 3?'"+'4 and +tate "egal +ervices 'uthorities. -on%ble /udges of +upreme !ourt of India, -igh !ourts and Members of +ubordinate /udiciary have been actively participating in this regard. ;.; , &rinciples for institutional capacity building need development. ;.) , There is need of having 6.year Development &lans for !ourts for effective management. /udge.!ase #atio and +taff.!ase #atio needs to be worked out. L!ourt Management !ommitteesM are re2uired to be made at -igh !ourt levels. L&erformance Index for /udicial 5fficersM needs to be settled. ;.= ,+ufficient number of &ublic &rosecutors is necessary. Timely recruitment and promotions of /udicial 5fficers and +taff are necessary for effective !ourt Management. 8or convenience of litigants, L&ublic #elation 5fficersM are re2uired to be appointed. ;.: ,LIn.-ouse Information Technology DepartmentsM are re2uired for taking advantage of technology. ;.(C , &rinciples re2uired to be adopted for effective !ourt Management and !ase Management need to be identified. ;.((, It is necessary to settle &olicies regarding having common nomenclature for different types of matters in the -igh !ourts as well as +ubordinate !ourts. CHAPTER 7 :ANNUAL CONFIDENTIAL REPORTS ).( , In the interest of /udiciary, 'nnual !onfidential #eports of Members of +ubordinate /udiciary be maintained properly and on regular basis. -on%ble the +upreme !ourt of India, in the matter of #egistrar 1eneral, &atna -igh !ourt v. &andey 1ajendra &rasad and 5thers 3!ivil 'ppeal ?o. I66* of 7C(74 O/.T. 7C(7 364 +! I6)P, has observed as under, . L(=. -owever, before parting with the judgment, we deem it necessary to make a mention about the recording of the '!#s of judicial officers. >e feel that the present system of recording the '!#s leaves much to be desired and needs to be revamped. 0xperience has shown that it is deficient in several ways, being not comprehensive enough to truly reflect the level of work, conduct and performance of each individual on one hand and unable to check subjectivity on the other. This undoubtedly breeds 11 of 115
discontent in a section of the judicial service besides eroding proper and effective superintendence and control of the -igh !ourt over subordinate judiciary. The process of evaluation of a judicial officer is intended to contain a balanced information about his performance during the entire evaluation period, but it has been noticed that many a times, the '!#s are recorded casually in a hurry after a long lapse of time 3in some cases even after the expiry of one year from the period to which it relates4, indicating only the grading in the final column. It needs no elaboration that such hurried 'ssessment cannot but, be either on the basis of the 'ssessmentDgrading of the preceding year3s4 or on personal subjective views of the Inspecting /udge3s4, which is unfair to the judicial officer. 9ndoubtedly, '!#s play a vital and significant role in the 'ssessment, evaluation and formulation of opinion on the profile of a judicial officer, particularly, in matters relating to disciplinary action against a judicial officer. The '!#s of such officer hold supreme importance in ascertaining his conduct, and therefore, the same have to be reported carefully with due diligence and caution. >e feel that there is an urgent need for reforms on this subject, not only to bring about uniformity but also to infuse objectivity and standardisation.M ).7 , #eforms need to be made keeping in view the observations of the +upreme !ourt of India.
CHAPTER 11 : INSTITUTIONALISING NCMS ((.( To implement the +cheme approved by -on%ble the !hief /ustice of India, it is proposed to establish, under the +ecretary 1eneral, +upreme !ourt of India, an 5ffice for recommending &olicy, +trategy and &lanning. 9nder this 5ffice, mechanisms of following will be created,. i. ?ational /udicial +ystem performance standards 32ualitative and 2uantitative4K ii. ' +ystem of !ourt +tatistics 3!+4 for monitoring the jailsK iii. 'n Informatics +ystem for digitali ing and streamlining all documents and data of the /udicial +ystem across the country in a phased manner in accordance with local circumstancesK iv. ' ?ational 8ramework of !ourt Management and !ase achieving those standardsK and v. ' !ourt 9ser Interface to enhance user friendliness including a 1rievance #edress +ystemK 12 of 115 Management for achievement of the standards including coordination of data from related agencies such as police and
vi. ' $udget and &lanning +ystem to identify the financial and other resources needed for the development of the /udiciaryK vii. ' -uman #esource Development +ystem for systematic development and training of human planning of the resources of $ench and $ar 3including
prosecutors4 and court staff, as well as development of related capabilities such as investigation and staff re2uired for functioning of courts such as &rotection 5fficers, !ounsellors, etc.K viii. &lanning for the development of 'D#K ix. &lanning for the development of access to justice and legal aid under guidance of ?'"+'. x. !ommunication +ystem for effective communication to public and media about judicial decisions. !-'&T0# G (7 , '&&0?DIN ,'ppendix . <'< L+9&#0M0 !59#T 58 I?DI' O5ffice of +ecretary 1eneralP #ef. ?o., ID+1D?!M+D7C(7 Dated , C7.C6.7C(7 588I!0 5#D0# +ubject, 0stablishment of ?ational !ourt Management +ystems 3?!M+4 for enhancing timely justice. >-0#0'+ a proposal was placed before -on%ble the !hief /ustice of India regarding the need to establish a comprehensive !ourt Management +ystems for the country that will enhance 2uality, responsiveness and time lines of !ourtK and >-0#0'+ it was mentioned that the !ourt Management +ystems will need to include the following six main elements, . 3(4 ' ?ational 8ramework of !ourt 0xcellence 3?8!04 and timeliness. 374 ' system for monitoring and enhancing the performance parameters established in the ?8!0 on 2uality, responsiveness and timeliness. 3*4 ' system of !ase Management to enhance user friendliness of the /udicial +ystem. 13 of 115 that will set measurable performance standards for Indian courts, addressing issues of 2uality, responsiveness
3I4 ' ?ational +ystem of /udicial +tatistics 3?+/+4 to provide a common national platform for recording and maintaining judicial statistics from across the country. ?+/+ should provide real time statistics on cases and courts that will enable systematic analysis of key factors such as 2uality, timeliness and efficiency of the judicial system across courts, districtsDstates, types of cases, stages of cases, costs of adjudication, time lines of cases, productivity and efficiency of courts, use of budgets and financial resources. It would enhance transparency and accountability. 364 ' !ourt Development &lanning +ystem that will provide a framework for systematic five year plans for the future development of the Indian judiciary. The planning system will include individual court development plans for all the courts. 3;4 ' -uman #esource Development strategy setting standards on selection and training of judges of subordinate courts. '?D 89#T-0# >-0#0'+ -on%ble the !hief /ustice of India, after consulting Minister of "aw and /ustice in the 1overnment of India, has been pleased to direct that ?ational !ourt Management +ystems, for enhancing timely justice, may be established. ?5> T-0#085#0, $y 5rder, following directions are given,. 3(4 9nder overall control of -on%ble the !hief /ustice of India, ?ational !ourt Management +ystems 3?!M+4 for enhancing timely justice is established as per +cheme annexed. 374 There shall be ?ational !ourt Management +ystems !ommittee 3?!M+!4 which shall consist of the following, . !hair, ' /uristDDomain 0xpert nominated by the -on%ble !hief /ustice of India. -e will be paid honorarium and given such facilities as may be decided by -on%ble the !hief /ustice of India for !hairing ?.!.M.+.!. Members, (. 8our +itting /udges 3preferably one from each one in India4 nominated by the -on%ble !hief /ustice of India. 7. +ecretary 1eneral of the +upreme !ourt 3ex.officio4. *. /oint +ecretary and Mission Director 3?ational Mission for /udicial Delivery and "egal #eforms4, Department of /ustice, 1overnment of India 3ex.officio4. I. #egistrar 1enerals of three -igh !ourts nominated by the -on%ble !hief /ustice of India. 14 of 115
6. Director, ?ational /udicial 'cademy. ;. Two practising 'dvocates nominated by the -on%ble !hief /ustice of India. ). 'n expert +tatistician, +tatistician of India nominated by the !hief. =. 'n expert in management of decision making systems and process re.engineering, nominated by the -on%ble !hief /ustice of India. :. 'n expert in !omputer Technology relevant to !ourt Management, nominated by the -on%ble !hief /ustice of India. (C. ' representative of a ?15 working for improving access to justice and user friendliness of courts, nominated by the !hief /ustice of India. ((. 'dditional #egistrar, Information and +tatistics, +upreme !ourt of India3ex.officio4 .Member +ecretary. 3*4 The !ommittee shall be supported by necessary staff and facilities as following, a. $ranch 5fficer . 5ne 3In the pay.scale as applicable in the #egistry of +upreme !ourt of India4 b. +enior &ersonal 'ssistant . 5ne 3In the pay.scale as applicable in the #egistry of +upreme !ourt of India4 c. &ersonal 'ssistant . 5ne 3In the pay.scale as applicable in the #egistry of +upreme !ourt of India4 d. !ourt 'ssistant . 5ne 3In the pay.scale as applicable in the #egistry of +upreme !ourt of India4 e. /unior !ourt 'ssistants . Two 3In the pay.scale as applicable in the #egistry of +upreme !ourt of India4 f. !hauffeur . 5ne 3In the pay.scale as applicable in the #egistry of +upreme !ourt of India4 . Three 3In the pay.scale as applicable in the #egistry of g. /unior !ourt 'ttendants +upreme !ourt of India4 The staff shall be on establishment of +upreme !ourt of India andDor called on deputation on such terms, conditions and facilities as -on%ble the !hief /ustice of India may decide. They shall be under overall supervision of 'dditional #egistrar, Information and +tatistics, +upreme !ourt of India for day.to.day functioning. 3I4 'dvisory !ommittee, The ?!M+ !ommittee shall be advised by an 'dvisory !ommittee consisting of two /udges of +upreme !ourt of India and such other !hief /usticesD/udges of -igh !ourts as may be nominated by the -on%ble !hief /ustice of India. 15 of 115
The !hair of the ?!M+ !ommittee shall be a member of the 'dvisory !ommittee. +ecretary, Department of /ustice, 1overnment of India, shall be 0x.5fficio Member of the 'dvisory !ommittee. The +ecretary.1eneral of the +upreme !ourt shall be the convenor of the 'dvisory !ommittee. 364 5ffice of #egistrar 3'dmn. I4, +upreme !ourt of India shall separately take directions regarding creation of posts as above. The +ystems will start functioning initially from present 5ffice of 'dditional #egistrar 3Information4, +upreme !ourt of India and, later on, will expand to share space in the 5ffice of 0.!ommittee at "ok ?ayak $hawan, @han Market, ?ew Delhi. 3;4 'll expenses in connection with the functioning of the India. ?!M+, including salary and allowances, etc., of the +taff, will be met from the sanctioned $udget of the +upreme !ourt of
!.!
S(&p) (a8&n .
4o+&rn'&n( o3 India (o r&duc& (%& p&nd&nc
and )p&&d
di)po)a* o3 ca)&) 6Ca)&) $&ndin0 in #i0% Cour() and Supr&'& Cour( 6Mini)(r o3 La, ? Ju)(ic& @!-Au0u)(/ !@11 11:5 IST9
's per latest available information, 6),(): cases were pending in the +upreme !ourt of India as on *C.;.((. The number of cases pending in the -igh !ourts were I7,(),:C* as on *C.:.7C(C. 1iving his information in written reply to a 2uestion in #ajya +abha, +hri +alman @hurshid, -on<ble Minister of "aw A /ustice informed the -ouse that in order to facilitate expeditious disposal of cases in courts, 1overnment has taken a number of measures as mentioned below, I. The 1overnment has approved setting up of F?ational Mission for /ustice Delivery and "egal #eforms%. The major goals are, Increasing access by reducing delays and arrears in the systemK 0nhancing accountability through structural changes and by setting performance standards and capacities. ' Mission Mode approach to infrastructure development of subordinate judiciary is among the major initiatives under the ?ational Mission for /ustice Delivery which is approved by the 1overnment. Inade2uacy of infrastructure in subordinate courts has been one of the bottlenecks in the speedy delivery of justice. @eeping this in mind in the financial year 7C((.(7, the allocation for the !entrally +ponsored +cheme for infrastructure development has been increased fivefold from #s. (CC !r to #s. 6CC !r. 8unding pattern has also been increased from 6C,6C to 16 of 115
)6,76 for the states and to continue :C,(C for the ?0 states. II. The 1overnment has accepted the recommendations of the Thirteenth 8inance !ommission to provide a grant of #s. 6CCC crore to the +tates for improving the justice delivery system in the country over a five year period 7C(C.(6. ' grant of #s. (,CCC crore has already been released to the +tates during the year 7C(C.((. >ith the help of these grants, the +tates can, inter.alia, set up morning D evening D shift D special magistrates% courts, appoint court managers, establish 'D# centres and provide training to mediators D conciliators, organise more "ok 'dalats to reduce pendency. The grants also provide for training of judicial officers, strengthening of +tate /udicial 'cademies, training of public prosecutors and maintenance of heritage court buildings. III. In order to computerise the justice delivery system 1overnment is implementing e. !ourts &roject for the District and +ubordinate !ourts in the country and up gradation of I!T infrastructure in superior courts at an estimated cost of #s. :*6 crore. The target is to computeri e (7,CCC courts by *(st March, 7C(7 and (I,7I: courts by *(st March, 7C(I. !ourt Management and case management can be done through ?ational 'rrears 1rid created under the project. IE.The Thirteenth 8inance !ommission while recommending a grant of #s. 6CCC crore made a condition for release of 7nd year instalment only after formulating +tate "itigation policy. +tate "itigation policy is to be formulated with the aim to transform government into an efficient and responsible litigant. If the cases involving government are reduced then the courts will have time to dispose of a large number of cases to achieve the target of reducing the pendency. E. 0nactment of the 1ram ?yayalayas 'ct, 7CC= which provides for establishment of 1ram ?yayalayas to improve access to justice to marginalised. The current year allocation has been increased from #s. IC crore to #s. (6C crore. +o far (6( 1ram ?yayalayas have been notified by the states. EI. 'll the !hief /ustices of -igh !ourts have been re2uested to launch a campaign to reduce pendency of cases in court from /uly.December, 7C(( and also for filling up vacancies of judges in the -igh !ourts and +ubordinate !ourts during the same period. Eacancies and delays are inevitably correlated, hence a campaign mode approach for filling vacancies need to be launched. 't least 6CJ of the vacancies could be filled up in respect of subordinate courts by December 7C((.
17 of 115
!.1 S(&p) (a8&n . S(a(& 4o+&rn'&n( o3 Ma%ara)%(ra (o d&cr&a)& (%& p&nd&nc o3 o*d ca)&):?ow the +tate 1overnment of Maharashtra has drafted a comprehensive action plan to reduce the pendency of a large number of cases before the high court and subordinate courts in a time.bound period vide 1overnment #esolution ?o. 7C((.Dp.k. (CCDkaD(7 dated () th 'ugust, 7C(( and dated 7(st ?ovember, 7C(( 3+tale and Ineffective cases 4 !ommittee headed by the chief secretary has been set up to frame guidelines for withdrawal of stale and ineffective cases, another committee of secretaries has been set up to take review of all pending cases in their respective departments, an empowered committee at the state and at the district levels to monitor the cases filed before various courts and settle cases through alternative dispute resolution such as lok adalat and arbitration. 'ccountability will be fixed on officers of each department in respect of court cases and special courts will be constituted to deal with cases relating to economic offences, &revention of !orruption 'ct, atrocities against women and children and cases registered by the !$I. The role of the state government in reducing the pendency is crucial, a decision has been taken to continue with the (CC fast track courts, despite the fact the !enter has closed the scheme to extend financial assistance for it and six special courts have been set up for speedy disposal of cases registered by the !$I. It has been proposed that over seven lakh and odd five.year.old cases pertaining to petty crimes should be withdrawn and a fresh strategy should be drafted for speedy disposal of che2ue bouncing cases. In cases relating to petty offences, it was found that while the punishment will be minor, there was absolutely no progress in the last five years. It has been proposed to withdraw all such cases after scrutiny by a high.level committee. 5n the che2ue bouncing cases, a law official said out of seven lakh cases registered in the state, 7.;( lakh are pending in subordinate courts. 8or which summary disposal plan is necessary. It is also the endeavor to dispose of long pending cases pertaining to senior citi ens, minors, disabled and other marginali ed group. It is estimated that in some of the subordinate courts over *C.IC percent of arrears relate to petty cases and out of the total pending cases, :J of the cases were pending for (C years and above and 7IJ cases were pending for 6.(C years in both, -igh !ourt and +ubordinate !ourts.
18 of 115
7.I
$&ndin0 ca)&) in S(a(& o3 Ma%ara)%(ra and p&r3or'anc& o3 -udiciar in S(a(&
o3 Ma%ara)%(ra.
's per the performance of /udiciary in the +tate of Maharashtra speaks the pendency of cases as ,. $&r3or'anc& o3 Judiciar in (%& S(a(& O3 Ma%ara)%(ra
&endency on ( /uly 7C(C I(.*6
st
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&endency on *C +eptember,7C(7 7:.*;
th
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Disposal 6;.6*
S(a(&'&n( o3 Ca)&) Und&r S&c(ion 115 O3 N.I.Ac( 1551

!ourts !ourts of Metropolitan Magistrate $ombay 5ther courts in the +tate Total &endency on Institutio (st /uly 7C(C *.7) *.)) ).CI n 7.77 7.I( I.;* Disposal I.*I *.=( =.(6
63i0ur&) in *ac)9
&endency on *Cth +eptember 7C(7 (.(6 7.*) *.67
S(a(u) o3 Ca)&) in (&r') o3 p&nd&nc on 1@(% S&p(&'.&r/ !@1! 63i0ur&) in *ac)9

!ases pending for &articulars Morethan 7 9pto 7 years years A upto 6 years !ourts in $ombay 5ther courts in the +tate Total &ercentage of Total &endency 7.6( (7.7= (I.): 6(.CCJ (.)6 6.* ).C6 7I.CCJ Morethan 6 years A upto (C years (.C) *.;= I.)6 (;.CCJ C.;) 7.( 7.)) :.CCJ Morethan (C years Total &endency on *C.:.7C(7 ; 7*.*; 7:.*; (CC.CCJ
19 of 115
Y&ar-,i)& In)(i(u(ion and Di)po)a* o3 Ca)&) in (%& S(a(& o3 Ma%ara)%(ra/63i0ur&) in *ac)9
Bear 7CC) 7CC= 7CC: 7C(C 7C((
?o. of !ases Instituted (=.;6 7C.;) (=.6* 7C.II (:.:;

th
?o. of cases Disposed off (:.;) (:.)I 7C.C; 7*.C6 7;.76
7C(7 9pto *C +ep.
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Topic -1 SOME IM$ORTANT CASE LAWS "OR S$EEDY JUSTICE

Due to pendency of cases and causing delay in disposal of cases is one of the important challenges before the judicial system to give speedy justice. The judiciary also reali ed that one of the drawbacks of the justice delivery system was denial to the common man, of access to justice. This fact was recogni ed by the judiciary and concern of the !ourts in that behalf was reflected in case of 7i%ar L&0a* Suppor( Soci&( +) C%i&3 Ju)(ic& o3 India reported in MANUBSCB@121B1:52 &Cui+a*&n( 61:52 6<9 SCC A2A9 where the -on<ble 'pex court pleased to observe that,, .that the weaker section of Indian Humanity have been deprived of justice for long, long years: they have had no access to justice on account of their poverty, ignorance and illiteracy. hey are not aware of the rights and benefits conferred upon them by the !onstitution and the law. "n account of their socially and economically disadvantageous position they lack the capacity to assert their rights and they do not have the material resources with which to enforce their social and economic entitlements and combat e#ploitation and injustice.$ T%& #onD.*& Ap&E Cour( p*&a)&d (o di)cu)) Sp&&d (ria* and $roc&dur& in ca)& o3 , M '"+ G '%(2 4 U'2&' &* I'%2 6"-&6#"% 2' MANU7SC7.1//71879 ":;24 $"'# AIR 1879 SC, (%& #onD.*& Supr&'& Cour( %&*d (%a( ,< #(" *;'% ="'# $ 623(#! >&;$% 5" >;6# 2$"% &'$) #(6&;3( 6" !&' 5$" -6&>"%;6" "!# 5$2!("% 5) $ ?, #(" (;= ' 623(#! @;62!-6;%"'>" 2' I'%2 '"? !"# &* *;'% ="'# $ 623(#! '% *&6="% #(" 5 !2! &* 4 62&;! ?2#'"!!"% 4 62&;! %"4"$&-="'#!. T(2! ?2%"'2'3 &* A$2*" '% $25"6#)A 2' A6# 01 6" % >&'@&2'#$) ?2#( A6# 1B '% 18 %"4"$&-"% %">2!2&'!.< I( i) a 3ac( (%a(/ du& (o 'or& d&*a in -u)(ic& ) )(&' (%& .&n&3i() 0o&) (o (%& cri'ina*) and *a, .r&a8&r). I( 'a r&'ain) (%& +ic(i') 3ro' 0&((in0 -u)(ic&. Con)id&rin0 p&ndin0 cri'ina* ca)&)/ .&3or& (%& cour( (%& #onD.*& Ap&E Cour( in ca)& o3 , #u))ainara >%a(oon. + S(a(& o3 7i%ar / #eported in MANUBSCB@11:B1:A: ECui+a*an( AIR 1:A: SC 11A@, the Hon,ble %pe# court held that the !riminal &rocedure system that does not provide for a speedy trial could not be said to be fair or reasonable. Here, the court directed the release of the undertrial prisoners detained for longer periods than the ma#imum sentence they would have suffered even if they are convicted. In another similar case, the Hon'ble (upreme !ourt in case of Co''on Cau)& + Union o3 India reported in MANUBSCB@!<2B1::2 &Cui+a*&n( 61::29 < SCC 11, set aside a large number of prosecutions pending for many years by creatively 21 of 115
interpreting %rt )* to include speedy trial as a part of %rt )*. In case of Supr&'& Cour( L&0a* Aid Co''i((&& + Union o3 India reported in MANUBSCB@@A1B1::< &Cui+a*&n( 61::<9 2 SCC A11 where the trial of the offences under the +arcotic and &sychotropic (ubstances %ct was delayed for long periods due to the vacancies in the judiciary, the Hon'ble %pe# court ordered the release of the persons accused of less grave offences who were in custody for half the period of ma#imum sentence on bail. On& o3 (%& r&a)on 3or d&*a in di)po)a* o3 ca)&) i) du& (o (%& %&a+ p&nd&nc o3 ca)&) in cour() and *i.&ra* ad-ourn'&n() . T%i) 3ac( i) p*&a)&d (o di)cu)) in ca)& o3 N&&6 M&( =="% 46!CC J"#( N '% '% A'&#("6 ,S-">2 $ L" 4" P"#2#2&' ,> 1 N&. 059B9 &* 0.11 D">2%"% &' 08#( J '; 6), 0.1/ 6"-&6#"% 2' MANU7SC7SCOR761B770.1/ #(" H&'A5$" A-"D >&;6# -$" !"% #& &5!"64" #( #, he ,oundation of justice , apart from other things, rests on the speedy delineation of the lis pending in courts....-etting an adjournments is neither an art nor science... (hifting the blame is not cure. %cceptance of responsibility and dealing with it like a captain on the frontier is the necessity of the time. It is worthy to state that diligence brings satisfaction$ .
App&**an(): $. Ra'ac%andra Rao --V).---R&)pond&n(: S(a(& o3 >arna(a8a r&por(&d in MANUBSCB@1!5B!@@! , 3 #ight to speedy trial4. The -on<ble 'pex !ourt pleased to hold that, L&rescribing periods of limitation at the end of which the trial court would be obliged to terminate the proceedings and necessarily ac2uit or discharge the accused, and further, making such directions applicable to all the cases in the present and for the future amounts to legislation, which, in our opinion, cannot be done by judicial directives and within the arena of the judicial law.making power available to constitutional courts, howsoever liberally we may interpret 'rticles *7, 7(, (I( and (I7 of the !onstitution. The dividing line is fine but perceptible. !ourts can declare the law, they can interpret the law, they can remove obvious lacunae and fill the gaps but they cannot entrench upon in the field of legislation properly meant for the "egislature, $inding directions can be issued for enforcing the law and appropriate directions may issue, including laying down of time limits or chalking out a calendar for proceedings to follow, to redeem the injustice done or for taking care of rights violated, in a given case or set of cases, depending on facts brought to the notice of !ourt. This is permissible for judiciary to do. $ut it may not, like "egislature, enact a provision akin to or on the lines of !hapter NNNEI of the !ode of !riminal &rocedure, (:)*.M 22 of 115
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App&**an(): $ric&,a(&r%ou)& Co-op&r) $+(. L(d. ? Or).--+r)--V). --R&)pond&n(: C. An(%on Loui) ? Or). R&por(&d in MANUBM#B@5!1B!@1!/ the -on<ble "ordship pleased to discuss the +cope of invocation of inherent powers under +ection I=7 of !ode of !riminal &rocedure, (:)* ,Inherent powers of !ourt were not ousted as a rule when an alternate remedy existed and existence of alternate remedy was more a matter of self restraint . -owever they could be invoked only when there was a glaring abuse of process of !ourt or instance of failure of justice staring in face of !ourt which could not be effectively dealt with by having recourse to available remedy . Dilatory tactics by stake holders could be sternly dealt with imposing heavy costs.M
App&**an(): I'(i a= A%'adF+r)- R&)pond&n(: S(a(& o3 U((ar $rad&)% and Or). R&por(&d in MANUBSCB@@A1B!@1! , the -on<ble 'pex !ourt pleased to discuss that, L This !ourt had no power of superintendence over -igh !ourt as -igh !ourt had over District !ourts under 'rticle77) of !onstitution . "ike this !ourt, -igh !ourt was e2ually a +uperior !ourt of #ecord with plenary jurisdiction . 9nder !onstitution -igh !ourt was not a !ourt subordinate to this !ourt . This !ourt, enjoyed appellate powers over -igh !ourt as also some other incidental powers . $ut as last court and in exercise of this !ourt<s power to do complete justice which included within it power to improve administration of justice in public interest, this !ourt gave aforesaid guidelines for sustaining common man<s faith in rule of law and justice delivery system, both being inextricably linked . !ertain directions were also given to "aw !ommission . "aw !ommission itself was sei ed with problem and was making investigation having regard to its terms of reference specially clause <-<, thereof . This !ourt re2uested "aw !ommission, which was headed by a distinguished retired judge of this !ourt, to undertake an en2uiry and submit its recommendation in relation to certain matters . In doing so, !ommission might take such assistance from !entral 1overnment and +tate 1overnments as it thought fit and proper . It was directed that on !ommission<s re2uest for assistance both !entral 1overnment and +tate 1overnments would render all possible assistance to !ommission to enable it to discharge its functions, as directed by this !ourt in its order.M
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Topic -< O7JECTIVES AND SCO$E "OR STUDY

<.1 N&, Conc&p( o3 #u'an R&)ourc& in Judicia* ) )(&':. The major challenge before the judicial system is to decrease pendency of the cases and speedy disposal. 5n dated 7:th 5ctober, 7C(C, the #onD.*& S%ri. Ju)(ic& Mo%i( S. S%a% , !hief /ustice of the $ombay -igh !ourt at the inauguration of conference of the /udicial officers on L0nhancing Quality of adjudication L at /udicial 'cademy 9ttan, Thane3Maharashtra /udicial 'cademy A Indian Mediation centre A Training Institute 9ttan Thane 3Maharashtra44 , pleased to address as , LHuman .esource constitutes a critical element III making of any system or organi/ation. he efficiency of 0udicial (ystem like any other system can be only as good as the people who operate it. he nature and degree of knowledge, skills and ethics of the people and the clarity in their appreciation of their commitment of the objectives of the !onstitution are critical to the internal efficiencies and e#ternal effectiveness of the 0ustice 1elivery (ystem, 2hich touches the lives of 'we the people' in all its aspects...... he challenges posed before us may be difficult , but are certainly not impossible to overcome. %ll that we need to do is to learn new principles, new methods, new technologies and assume new roles, not only by learning , but also by continuing to learn the wealth of knowledge and skills pouring in from all sides$.
8rom the above address by -on<ble +hri. /ustice Mohit +. +hah, !hief /ustice of the $ombay -igh !ourt, it reflects that change is necessary in /udicial system. +uch change may be re2uired in legal laws or procedures and other variables surveyed in various studies. In the existing environment a new method can be applied to decrease the pendency of the cases and speedy justice by adopting effective management strategy within the purview of legal aspects.
<.! Di33&r&nc& .&(,&&n $u.*ic S&c(or and $ri+a(& S&c(or Mana0&'&n( conc&p(
The private sector is focused on profitability, and success is measured in terms of profitability , in contrast with public sector whose fundamental purpose is service . 'nother point of difference is that the private sector is concerned with economic viability while organi ational survival tends not to be as acute in the public sector .>hile the principles of leadership in the private and public sectors are similar in terms of the types of challenges facing 25 of 115
both sectors 3e.g. accountability, efficiency, performance based outcomes4, the context of the public service is different , leaders need to Fto understand the needsDre2uirements of governmentK sense policyDprogram opportunities and deal effectively with political issues
associated with such arrangements%. The managers in the public sector are accountable to politicians, senior officers and the general public. 's such their accountability is deemed to be more far reaching and more complex than that experienced in the private sector.
<.1 N&, Conc&p( o3 E33&c(i+& Mana0&'&n( in Judicia* S )(&'

The judicial system is the mechanism that provides clarity of laws, precedents and orders against those who do not adhere to laws. It is +tate<s business and it is not a profit making agency. The concept of cost and contribution, #ule of demand and +upply is also not applicable. -ence effective court management with new role is necessary for making change . There are two wings of courts functions, first /udge and second is +taff working in the court. 8or +taff also there are two types, first "ine function 3who actually works before court and carries ministerial work of the orders passed by the court4 and second +taff 8unctions 3who supports to the activities of line function like ?a ar, I.T. Department clerk, account, 8inance , copying, #egistration etc.4. 5ne another +taff function also works in court, which carries business of local management, administrative work and supervision ex. The +uperintendent, 'ssistant +uperintendents of courts. W%i*& 'a8in0 an c%an0& / ,& %a+& (o r&'&'.&r/ The father of nation Mahatma 1andhi. GIf you want to change anything, you be the change.H A.o+& ,ord) ar& 'a(&ria* (o .rin0 c%an0& and (o '&a)ur& (%& ,or8in0 o3 cour( 3unc(ion) ,i(%in *&0a* pro+i)ion) in (%& &Ei)(in0 &n+iron'&n( . In )uc% r&-&n0in&&rin0 proc&)) ,%&n r&)i)(anc& (o c%an0& co'&) (%&n )uc% r&)i)(anc& %a) (o .& o+&rco'& ,i(% &33&c(i+& '&(%od). T%& &33&c(i+& pa(%3ind&r )( *& or o(%&r ro*& can .rin0 c%an0& ,i(% )o3( cor& . ,a o3 M&n(orin0 . In(&rna* OD prac(i(ion&r i) a Jud0& and %& 'a p*a n&, ro*& a) M&n(or Jud0& . conduc(in0 '&n(orin0 )&))ion).
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Topic-; LITERATURE "OR MENTORIN4

M&n(orin0 - It is a professional relationship in which an experienced person 3the mentor4
assists another 3mentee4 in developing specific skills and knowledge that will enhance the less. experienced person%s professional and personal growth.
T p&) o3 '&n(orin0 :. There are two broad types of Mentoring, informal and formal.
Informal mentoring is often accessible only to a few employees and its benefits are limited only to those few who participate. 8ormal or structured mentoring takes mentoring to the next level and expands its usefulness and corporate value .
C%arac(&ri)(ic) o3 In3or'a* '&n(orin0:

(. 1oals of the relationship are not specified 7. 5utcomes are not measured *. 'ccess is limited and may be exclusive I. Mentors and mentees self.select on the basis of personal chemistry 6. Mentoring lasts a long timeK sometimes a lifetime ;. The organi ation benefits indirectly, as the focus is exclusively on the mentee.
C%arac(&ri)(ic) "or'a* '&n(orin0:

1. 1oals are established from the beginning by the organi ation and the employee mentee. 7. *. I. 6. ;. 5utcomes are measured 'ccess is open to all who meet program criteria Mentors and mentee are paired based on compatibility Training and support in mentoring is provided 5rgani ation and employee both benefit directly.
M&n(or - ' person, who coaches, teaches, guides, and helps in another person%s career development. Ro*& o3 M&n(or ,&eople 5riented,1ood Motivator,0ffective Teacher, +ecure in &osition,Technical excellence,#espects 5thers. 27 of 115
Iua*i(i&) r&Cuir&d in M&n(or :

(. 1enuine interest.
7. +ensitivity to another<s needs and development. *. 0xcellent listening skills. I. Time availability. 6. !ommitment. ;. !onfidentiality. ). 'voids dominance, control or over.protection. =. 0xcellent coaching and feedback skills.
M&n(&&- ' person, who receives coaching, teaching, and guidance from a mentor in hisDher
career development. ' mentee recogni es personal strengths and weaknesses and actively seeks methods for personal growth.
Iua*i(i&) r&Cuir&d in M&n(&&:(. Developing a sense of self, a personal vision 7. 5pen and receptive to feedback, coaching. *. I. 6. !ommitment to learning. >illing to take risks. +elf.management skills.
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T&-2> C6
NEED O" "ORMAL MENTORIN4 IN SU7ORDINATE JUDICIAL SYSTEM-STUDY 6.1 I'*&6= $ M"'#&62'3 5) P62'>2- $ D2!#62># J;%3"
T%& $rincipa* Di)(ric( Jud0& and o(%&r -ud0&) r&*a(ion)%ip 3ocu)&) on -udicia* ,or8/ ad'ini)(ra(i+& ,or8 a) p&r (%& Manua* .oo8) pro+id&d and a) p&r (%& circu*ar) and dir&c(ion) 0i+&n . )up&rior cour(). T%& Di)(ric( -ud0& %a) (o &+a*ua(& (%& ou(co'&/ conduc(/ p&r3or'anc& 3or ACR and r&co''&nda(ion 3or pro'o(ion o3 %i) )u. ordina(& -ud0&) . Di)(ric( Jud0& %o*d )i0ni3ican( po,&r o+&r )u.ordina(& -ud0&) ,or8 )o 'o)( o3 )u.ordina(& -ud0&) d&'on)(ra(& on* (%&ir )(r&n0(% and %id& (%&ir ,&a8n&)). 2.! N&&d) o3 "or'a* M&n(orin0 : Mentoring is a more complex relationship and focuses on both short and long.term development goals. Most often a mentor is a person at least one level higher in the organi ation who is not within the mentee<s direct supervisory. This relationship gives people the opportunity to share their professional and personal skills and experiences and to grow and develop in the process. #elationship in two.way system is beneficial both to mentor and mentee . It is used more as a means of promoting and enhancing core public service values based on serving the wider public interest rather than contributing to the meteoric rise of individuals in the system. 2.1 W% cour( n&&d) a )(ruc(ur&d '&n(orin0 pro0ra'J 't present, the &rincipal District judges demonstrate mentoring behavior on an informal basis. $y mentoring program, the &rincipal District /udge can concentrate over core issues in the /udicial +ystem eg. To adopt +tep "adder system in place of 5pen Door system for solving administrative grievance Ddifficulties of other judges and staff through Mentor /udge .
2.< W%a( i) &Ep&c(&d '&n(orin0 pro0ra' in Judicia* S )(&' J

It should be the response to a realistic assessment of the overall needs and capacities of the judicial system .'ccountability is very important for the achievement of the identified program outputs in a judicial mentoring exercise. Moreover, there is a need to ensure institutional support and technical backstopping to complement the work of the mentors. 29 of 115
0xperiences and best practices should be systematically documented by the judicial mentors, and the supporting advisor. This will enable the program to review from time to time the achievements, constraints and challenges lying ahead, as well as to devise mechanisms to further implement best practices and avoid unsuccessful experiences. The key operational issues that need to be addressed in the preparation of a judicial mentor program are the following, (. !learly defined institutional set up, an effective human resources management strategy, identification of appropriate profiles of the mentors, properly e2uipped work stations, and address security matters. 7. /udicial mentoring as a strategy for capacity building of the judiciary and the judicial administration. /udicial Mentoring as an strategy for capacity development of the judiciary relation and trust building with the court personnel . 3. Make relations and meeting ,charged with the administration of justice including courts, police, prison authorities. 4. /udges may only judge one phaseK mentors are not allowed to also judge. 6. T%& 'anda(& o3 (%& '&n(or i) (o pro+id& ad+ic& on (%& *&0a* )u.)(an(i+& ana* )i) and proc&dur&) .a)&d on co'para(i+& prac(ic&) in o(%&r -udicia* ) )(&') in ord&r (o in3or' (%& -ud0&) and pro)&cu(or) o3 (%& a+ai*a.*& r&)ourc&) and -uri)prud&nc&. #&nc&/ (%& 'anda(& o3 (%& -udicia* '&n(or )%ou*d .& c*&ar* pr&)&n(&d (o (%& -ud0&) and cour( c*&r8) .
2.; M&n(orin0 K N&, Ro*& . M&n(or Jud0&:

' mentor.mentee relationship focuses on developing the mentee professionally and personally. 's such, the mentor does not evaluate the mentee with respect to his or her current job, does not conduct performance reviews of the mentee , and does not provide input about salary increases and promotions. This creates a safe learning environment, where the mentee feels free to discuss issues openly and honestly, without worrying about negative conse2uences on the job.
Addi(iona* Iua*i(i&) r&Cuir&d in M&n(or Jud0&

(. -elp the mentee feel closely identified with his or her professional environment.
7. -elp the mentee through difficult situations. *. $uild the mentee<s self.confidence. I. 0stablish clear, open, two.way communication. 6. !ompensate for mentee<s lack of experience . ;. &rovide career guidance.
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).-elp develop creative and independent thinking.
Addi(iona* Iua*i(i&) o3 M&n(&& Jud0&

(. 5pen and sincere communication. 7. *. I. 6. 0ffective utili ation of mentor time. Drive the development of relationship expectations. 0stablish mutually clear developmental goals. 9tili e active listening.
;. $e sensitive to the goals of mentoring program.
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Topic-A
G7EST $RACTICES 4UIDE H MISSION AT DISTRICT COURT T#ANE
A.1 S(a(i)(ica* Da(a 3or Di)(ric( Cour( T%an&:No .O3 Cour() D./.!ourts !./.+.D.!ourts !././.D.!ourts Deputation !ourt /.D.Easai "ink !ourt,+.D.$hiwandi /uvenile !ourt Total A) on @1.1!.1! (: (6 ;C ( ( ( :)
To(a* $&ndanc o3 Ci+i* 'a((&r) '.D./ !./.+.D. !././.D. Total To(a* $&ndanc o3 Cri'ina* 'a((&r) '.D./ !./.+.D. !././.D. Total
A) on @1.1!.1! (67(: (I:C* 7=III 6=6;; A) on @1.1!.1! (C7;C *;)= (6(=*I (;6))7
A.! Mi))ion :- -on<ble S(62. E.E.S&' ? '" , &rincipal District and +essions /udge, Thane, who is also the &atron.In.!hief of Mission to develop $est &ractices 1uide at Thane !ourt, vide letter 5Dw no. :;CC of 7C(7 dated 7: th ?ovember 7C(7 was pleased to formulate the Mission to develop $est &ractices 1uide at Thane !ourt . It is +cheme of the Task 8orce on improvement of !ourt work. 's per this scheme, the District /udges and +enior !ivil /udges act as Mentor /udges for !ivil /udge 3/.D.4 and /.M.8.!. In the district .+hri. &.-.Mali, District /udge.( who is the !hairman of committee of Mentor judges. Mentor /udge has to submit monthly report to the !hairman of Mentor !ommittee. Mentor /udge has to hold meeting with /udge or group of /udges to deal with problems faced by the /udges individually or collectively. Mentor /udge 32 of 115
may guide the /udges for improving /udgment writing skills. The Mentor /udge may hold periodical meeting with /udges, so as to discuss latest development in the law and improvement case law. 0very month there shall be joint meeting of Mentor /udges and !hairman of !ommittee with -on<ble &rincipal District /udge to assess &erformance. Mi))ion o3 M&n(or Jud0& ) )(&' In T%an& Di)(ric( Su.ordina(& Judiciar reducing delay. ).* 4uid&*in&) and Moda*i(i&) 3or (%& Jud0& o3 (%& Cour( , 3(4 0ach /udge shall be the committed of his own court. 374 @now your !ourt,. /udge shall first of all study his own court to understand what type of cases are pending in his court, >hat is the nature of litigationDcases and what is the pattern of cases. The judge shall define broad strategy to be adopted to deal with the cases. 3*4 @now your ability and improve efficiency. /udge shall monitor his own work to find out. 3I4 -ow much time heDshe spends for effective judicial work. 3ii4 -ow can heDshe spend more time for effective judicial work by reducing timing spend in unproductiveDtechnical work which do not re2uire judicial skill. 3iii4 >hich time management skill may be adopted to improve efficiency e.g. management of time spend in remand and bail matters synopsis. 3I4 @now your $alance.+heet ,. /udge shall study his court balance.sheet minutely and keep it before his eyes every day so that he is remind of his mission every time. 364 i4 Dissect your $alance.+heet,. 8ind out cases pending for more than five years. the obstacles. iii4 "ocate petty cases and cases not re2uiring judicial en2uiry and work on their speedy disposal. iv4 8ind out cases which can be dealt with under section 76= !r.&.!. 'nd like provisions. v4 8ind out cases of absconding accused. +ee whether all formalities are satisfied for 33 of 115 ii4 &ersonally study the old cases to find reasons of pendency and work out to deal with or management of time spend in interlocutory application by curtailing lengthy oral arguments by insisting for written : . Mission to
develop LB"!# P6 >#2>"! G;2%"M for improving judicial 2uality,enhancing court management and
putting them on Dormant 8ile and &repare separate $alance.+heet of such cases on Dormant 8ile. 3;4 8ix your Target of Disposal of !ases,. 3(4 8ix 'nnual Target 374 Eisuali e six monthly target. 3*4 8ix monthly target and work on it. A.< Ac(ua* "unc(ion) o3 M&n(or Jud0& ,. Mentor /udges shall help the /udges to Improve 2uality of judicial work 8ocus on Delay #eduction !ase.load Management and reduction #esolve administrative and infrastructural problems. Mentor /udge shall keep vigilant eye on the balance sheet and monthly disposal of the /udge and shall help in improving the work and efficiency. Mentor /udge shall hold meeting with /udge or group of /udges to deal with problems faced by the /udges individually or collectively. Mentor /udge may guide the /udges for improving /udgment writing skills. The Mentor /udge may hold periodical meeting with /udges, so as to discuss latest development in the law and improvement case law.
Topic-5
$ILOT $ROJECT 6 ELECUTIVE MENTORIN4 9
The object of Mission of District !ourt is to develop L B"!# P6 >#2>"! G;2%"M for 34 of 115
improving judicial 2uality,enhancing court management and reducing delay. The pilot project object is to increase the rate of disposal of cases and decrease old pendency.
5.1 R&a)on (o S&*&c( EE&cu(i+& '&n(orin0 3or $i*o( pro-&c(

0xecutive mentoring helps in improving effectiveness of mentee in terms of leadership, decision.making, creativity, stress, time management, meetings . and career development. 0xecutive mentoring involves the processes of executive coaching, but in a mentoring context. ' mentor helps an executive assess his or her performance, to obtain confidential feedback in individual strengths and weaknesses, and to learn new skills and behaviors. 5.! 7&n&3i() 3ro' EE&cu(i+& M&n(orin0: 0xecutive Mentoring allows the mentee to have a real global vision of the organi ationK 0xecutive Mentoring may foster a greater depth of knowledge and understanding of the organi ationK Mentee gets perspective of the organi ation from the mentee%s level and sense of doing good.
=.* R&)&arc% O.-&c(i+&) :

The main objectives from the Mentoring &rogram for &ilot &roject were, (. To scrutinies the nature of all pending cases and find out the reasons behind the backlog with an aim to reduce it. 7. !lose monitoring system which is helpful to improve case management and 2uick disposal. Decreasing backlog of old pending cases. *. Increasing rate of disposal per day . I. To Motivate to dispose of cases by 'lternative Dispute #esolution +ystem. 6. To ascertain other points 3variables4 affecting to the pending cases. 5ther 5bjectives are established on weekly basis which includes improvement in the work environment and performance , this gives benefits for enhancing delivery of services through staff. 8.4 RESERC# MET#ODOLO4Y 35 of 115
In(roduc(ion and M&anin0 :- #esearch is a careful investigation or in2uiry especially through search for new facts in branch of knowledge or to establish relationship between effect and cause. #esearch methodology, is considered a key to clinical operations where in.depth diagnosis, prescription and medicines are applied. #esearch methodology is the sketch and plans to define a problem, appropriating research design, designing instrument for collection of data, and data interpretations etc. In general, #esearch problem is the one that re2uires a researcher to find out the best solution for the given problem that is to find out in course of action, the action the objectives can be obtained optimally in the context of a given environment. 5.; R&)&arc% D&)i0n ,.The research design of this pilot project will be considered as
descriptive and exploratory
research. It is to ascertain reason for pending cases, its stages,
effective steps and other factors affecting to it. Mentor /udge and Mentees is a relationship Lbuilt on trustM where the mentor offers a safe environment to the participant to discuss issue.
5.2 Da(a 6pri'ar and )&condar 9 :- ,The secondary data is collected from >eb sites
and from 'dministrative +ection of District !ourt Thane and !ivil !ourt $hivandi . +econdary data has to be compared with primary data. &rimary data which is directly collected and observed from the decided and pending cases during the pilot project period.
5.A R&)&arc% In)(ru'&n( ,. Daily $oardD!ause list and pending cases in court are actually
verified. The stages of cases, its reasons for pending are find out to enrich thought process.
5.5 R&)&arc% Too* ,. Method of 8ocus 1roup, interviews, meetings with /udges D staff were
and &olice machinery. Mentor +essions for improving the knowledge for legal provisions were conducted . +uch tool provided better insights into the data. 0valuated results are at the end of the pilot program .
5.: R&)&arc% $*an

The aim is to find out the reasons for such pendency and to promote to judgesDmentee to call such cases , to take effective steps according to law. The goal is also to dispose off cases in speedy . 5n verification of record it reveals that, so'& o3 cri'ina* ca)&) ,&r& 3ound on dai* .oard .u( in 3ac( (%o)& ca)&) ,&r& 8&p( a( (%& cu. .oard). Mo)( o3 ca)&) ar& 3ound unda(&d. In cri'ina* ca)&) dai* .oard/ (%& ca)&) ,&r& da(&d 3or 3u(ur& . 0roup . I( '&an) (%o)& 36 of 115
ca)&) ,&r& no( ca**&d or cou*d no( r&ac% 3or ca**in0. In ci+i* 'o)( o3 ca)&) ar& ar& ad-ourn&d a) p&r pr&+iou) Ro=na'a. T%& '&n(orin0 )&))ion) ,&r& conduc(&d and )&))ion) ,&r& con(inu&d and (%& pro0r&)) in di)po)a* o3 o*d ca)&) and incr&a)& in ra(& o3 di)po)a* o3 ca)&) i) ca*cu*a(&d.
5.1@ $r&-A))&))'&n( o3 Da(a

Data for the pre assessment was obtained from District !ourt Thane and $hiwandi !ourt, the balance sheets, daily board, monthly , half years returns etc. The daily board was found prepared at randomly, the dates were given like dates given to group cases. The #o anama of cases were not found maintained as per Manual &rovided by the -on<ble -igh !ourt, $ombay. $r&+iou) di)po)a* ra(& and p&rc&n(a0& o3 di)po)a* 3ro' (%& p&riod o3 S&p(&'.&r !@1! (o No+&'.&r !@1! ,a) +&ri3i&d. Ac(ua* BE33&c(i+& ,or8in0 da ) ,&r& con)id&r&d 3or dra,in0 (%& di)po)a* p&r da . (%& conc&rn cour(. Cri'ina* and Ci+i* Ca)&) ar& p&ndin0 )inc& *on0 3or no(%in0 and (%o)& ca)&) ,&r& id&n(i3i&d (o (a8& &33&c(i+& )(&p) a) p&r (%& pro+i)ion) o3 *a, . A((&n(ion ,&r& dra,n (o,ard) (%& ca)&) ,%&r& )uc% pro+i)ion) ar& &( no( app*i&d )inc& *on0. "ro' (%& a.o+& da(a and o.)&r+a(ion) / )a'p*& )i=& 3or pi*o( pro-&c( ,a) a))&))&d. 5.11 Sa'p*in0 D&)i0n :- 9niverse for the entire project is Thane District court pendency of cases. 5.1! Sa'p*in0 M&(%odo*o0 selected . 5.11 Sa'p*& )i=& 3or pi*o( pro-&c( : &hysical verification of cases by 2ualitative and : 'll eight courts from the $hivandi Dist. Thane station were
2uantitative manner is health check of the the court. 9nless , cases are physically verified , the result for new method can not be !alculated Devaluated. There are eight courts at $hivandi including /uvenile court. 't four courts , *rd /oint !ivil /udge /unior Division and /udicial Magistrate 8irst !lass, Ith /oint !ivil /udge /r.Dn.and /M8! ,6 th /oint !ivil /udge /r.Dn. and /M8! and /uvenile court physical verification by 2uantitative manner and its accurate balance sheet found so those courts are considered as $i*o( cour(). 5ther four courts , &rincipal !ivil /udge /r.Dn.and /M8!, /oint &rincipal !ivil /udge /r.Dn.and /M8!, 7 nd /oint &rincipal !ivil /udge /r.Dn.and /M8! and ;th /oint &rincipal !ivil /udge /r.Dn.and /M8! ,where balance sheet 37 of 115
and physical verification was not carried out , those are considered as Non-pi*o(in0 courts. $&riod o3 $ro-&c( :- F6&= 1!# D">"=5"6 0.10 #& 09#( F"56; 6) 0.1/ 5.1< Ma(%&'a(ica* "or'u*a) : (4 &ercentage of disposal per day R 3Three months disposal N (CC4D3sum of effective working days of three months4. 74 &ercentage of monthly decrease in &endency by /udgment R 3!ases disposed in Month /udgment N (CC 4D 3?umber of cases in month4 *4 &ercentage of monthly decrease in pendency by otherwise R 3cases disposed of in month N (CC4 D3 number of cases in month G cases decided by judgment.4 I4 'verage percentage of disposal by judgment per month R 3percentage of monthly decrease pendency by /udgment of three months 4 D * 64 'verage percentage of disposal by otherwise per month R 3percentage of monthly decrease pendency by otherwise of three months 4 D * "or Non-pi*o(in0 cour():;4 'verage disposal by /udgment R 3three months cases by judgment4D* )4 Decrease by judgment R 3'verage disposal by /udgment of previous three months4. 3 'verage disposal by /udgment of subse2uent three months4 =4 Decrease by 5therwise R 3'verage disposal by otherwise of previous three months4. 3 'verage disposal by otherwise of subse2uent three months4 O(%&r ca*cu*a(ion) ,S Disposal per day R Total Disposal of cases D Total number of effective days . S Total pendency of a month R ?umber of cases in opening balance of December 7C(7 T cases instituted and cases received from transferDor substracting cases send by transfer . cases decided under motor vehicle 'ct . cases decided at special lokadalat3 in case of month of +eptember 7C(74 . :4
8or 'D# system , Data compared for Month +eptember 7C(7 to * rd March
7C(*including /uvenile court. 't four courts , *rd /oint !ivil /udge /unior Division and /udicial Magistrate 8irst !lass, Ith /oint !ivil /udge /r.Dn.and /M8! ,6th /oint !ivil /udge /r.Dn. and /M8! and /uvenile court physical verification by 2uantitative manner and its accurate balance sheet found so those courts are considered as $i*o( cour(). 5ther four courts , &rincipal !ivil /udge /r.Dn.and /M8!, /oint &rincipal !ivil /udge /r.Dn.and 38 of 115
/M8!, 7nd /oint &rincipal !ivil /udge /r.Dn.and /M8! and ;th /oint &rincipal !ivil /udge /r.Dn.and /M8! ,where balance sheet and physical verification was not carried out , those are considered as Non-pi*o(in0 courts. $&riod o3 $ro-&c( :- F6&= 1!# D">"=5"6 0.10 #& 09#( F"56; 6) 0.1/ 5.1< Ma(%&'a(ica* "or'u*a) : (C4 &ercentage of disposal per day R 3Three months disposal N (CC4D3sum of effective working days of three months4. ((4 &ercentage of monthly decrease in &endency by /udgment R 3!ases disposed in Month /udgment N (CC 4D 3?umber of cases in month4 (74 &ercentage of monthly decrease in pendency by otherwise R 3cases disposed of in month N (CC4 D3 number of cases in month G cases decided by judgment.4 (*4 'verage percentage of disposal by judgment per month R 3percentage of monthly decrease pendency by /udgment of three months 4 D * (I4 'verage percentage of disposal by otherwise per month R 3percentage of monthly decrease pendency by otherwise of three months 4 D * "or Non-pi*o(in0 cour():(64 'verage disposal by /udgment R 3three months cases by judgment4D* (;4 Decrease by judgment R 3'verage disposal by /udgment of previous three months4. 3 'verage disposal by /udgment of subse2uent three months4 ()4 Decrease by 5therwise R 3'verage disposal by otherwise of previous three months4. 3'verage disposal by otherwise of subse2uent three months4 O(%&r ca*cu*a(ion) ,18) S Disposal per day R Total Disposal of cases D Total number of effective days . (:4 S Total pendency of a month R ?umber of cases in opening balance of December 7C(7 T cases instituted and cases received from transferDor substracting cases send by transfer . cases decided under motor vehicle 'ct . cases decided at special lokadalat3 in case of month of +eptember 7C(74 .
5.1; $r&+iou) Da(a $r&)&n(a(ion and Ana* )i)

&osition of >ork "oad 3 pending cases 4 on "ine 8unction3'ctually working clerks in court hall4 as on (st December 7C(7,. ?ame of court 'ctual work ?umber of civil cases ?umber of !riminal Total !ases 3workload4 39 of 115
8orce3"ine 3work load4 cases 3work
8unction4 &rincipal !ivil /udge /r.Dn.and /M8! /oint !ivil /udge /r. Dn.and /M8! 7nd /oint !ivil /udge /r.Dn. and /M8! *rd /oint !ivil /udge /r.Dn.and /M8!
Ith 6th th
load4 *I)C C 7; *I)) C I: )6 C ( 6C67 IC(= ); *:C) *76I *;)) 7*)6 *I)( 6C67 ICII *66* *:C) **C* *)67 7*)6
* 7 7 7 7 7 7 7
/oint !ivil /udge /r.Dn.and /M8! /oint !ivil /udge /r.Dn.and /M8! /uvenile !ourt
; /oint !ivil /udge /r.Dn.and /M8!
,D"# 2$! &* ?&6+ $& % '% ?&6+ !# ** 2! 324"' 2' T 5$"C1 !"- 6 #"$)1
$r&+iou) Da(a "or Di)po)a* o3 ca)&) C242$ C !"! %2!-&! $ !ourt &rincipal !ivil /udge /r.Dn.and /M8! 3?on.piloting !ourt4 7nd /oint !ivil /udge /r.Dn. and /M8! 3?on.piloting !ourt4 *rd /oint !ivil /udge /r.Dn.and /M8! 3piloting !ourt4 6th /oint !ivil /udge /r.Dn.and /M8! 3piloting !ourt4 ;th /oint !ivil /udge /r.Dn.and /M8! 3?on.piloting !ourt4
3Details of disposal by all courts is given in Table.7 separately4
Disposal sep.(7 to ?ov.(7 ); ( (C( ( 6
40 of 115
C62=2' $ C !"! D2!-&! $ Na'& o3 cour( &rincipal !ivil /udge /r.Dn.and /M8! 3?on.piloting !ourt4 /oint !ivil /udge /r. Dn.and /M8! 3?on.piloting !ourt4 7 /oint !ivil /udge /r.Dn. and /M8! 3?on.piloting !ourt4 *rd /oint !ivil /udge /r.Dn.and /M8! 3piloting !ourt4 Ith /oint !ivil /udge /r.Dn.and /M8! 3piloting !ourt4 6th /oint !ivil /udge /r.Dn.and /M8! 3piloting !ourt4 ;th /oint !ivil /udge /r.Dn.and /M8! 3?on.piloting !ourt4 /uvenile !ourt 3piloting !ourt4
nd
Di)po)a* )&p.1! (o No+.1! C :: ;* ) :; 7I* 6= *(*
3Details of disposal by all courts is given in Table.7 separately4
$r&+iou) Da(a "or ADR : !ases decided by 'D# system G(;th +eptember 7C(7 Maha "okadalat at $hivnadi !ourt and cases decided by mediation During the period of +eptember 7C(7 to ?ovember 7C(7 ?ame of court !ivil +uits !riminal cases s..(*= ?I 'ct /uvenile court &re. litigation +pecial !ourt.s.76= +pecial !ourt ?! Total "ok adalat *( (6 77 7( (( :6= (6(I 76::
41 of 115
&revious Data for Mediation

!ourt &rincipal !//D A /M8! 3 non.piloting court4 /t. !//D A /M8! 3 non.piloting courtC 7nd /t. !//D A /M8! 3 non.piloting court4 *rd /t. !//D A /M8! 3pilot !ourt4 Ith
th /t. !//D A /M8!3pilot !ourt4
+ep(7 CC CC CC I ( CC CC CC
5ct.(7 CC 7 CC 6 CC 7 7 6
?ov.(7 CC CC CC I * CC CC )
Total CC 7 CC (* I 7 7 (7
6th /t. !//D A /M8! 3pilot !ourt4 ; /t. !//D A /M8! 3 non.piloting court4 /uvenile 3pilot !ourt4
42 of 115
Topic -:
ELECUTIVE MENTORIN4 SESSIONS : AN OVERVIEW 6$ILOT $ROJECT9
6$ro-&c( $&riod 3ro' D&c&'.&r !@1! (o "&.ruar !@119
M&n(orin0 S&))ion) O+&r+i&, : 8or all courts ,.Mindful listening by mentor and
mentee is an important factor in the executive mentoring. 'sking the right 2uestions allows the executive mentor to understand more clearly how a mentee thinks and what leads to certain choices or perceptions.
(. $ro0ra' D&)i0n and $*annin0:.Mentoring sessions were held in recess time or after court timeD hours during the period of pilot project . The cases were verified to see the output of each session. The goals and expectations of the mentoring program were agreed by mentee and staff. ' core value was mutual desire to participate, define expectations and show respect. $oth parties exchanged ideas and opinions openly and freely. 2.
$ro0ra' Mana0&'&n(:- The mentoring program for this pilot project is clear
objectives. It is +M'#T. +M'#T G specific, measurable, attainable, relevant and time. bound. The objectives provides direction to program participants and helps /udgesDmentees understand why they should offer their support. It is a program that provides essential ongoing coaching, to identify opportunities and troubleshoot issues. It is instrumental in promoting the program to potential participants.
*. $ro0ra' Op&ra(ion):- Eerified monthly returns and balance sheet figures. &ersonal interview of judgesDmentees were taken about disposal rate and difficulties in disposing old cases. 't the end of each month, verified actual disposal given in the given period and actual disposal of old cases . In group discussion , expectation about their goals or any issue or obstacles they want to overcome was discussed. !onsidering the effect of other variables i.e. the work load and less work force, the program is made more flexible to run it smoothly. It vary in outcomes sought and preferred methods of guidance. The 43 of 115
areas of applying legal provisions to dispose off the cases were flexible and participantsD judges were at liberty to apply legal provisions as per stage of each case. The benefits of program and strategic value to the judicial system was explained. I. &revious disposal rate was evaluated. 0xpected growth in disposing of cases were explained. 8or clear understanding the purpose of mission and object of this project was explained with hope to get active participation . The feedback were called. 'ssess the outcomes of mentor and mentee connections by checking the decided cases within the period. The suggestions were considered to make well next session. 5pportunity given to reflect what was learned, discussed what would be the object for next session . The affective commitments, ?ormative commitment and continuous commitment #esistance to change was also reflected in the out put of the project .
6S;== 6) *&6 ="'#&62'3 !"!!2&'! 6" !"- 6 #"$) 324"' ?2#( T 5$"C 8 *&6 S;== 6) &* *""% 5 >+9
were
observed. The #esistance to change is also found and it is discussed in the sessions.
44 of 115
Topic-1@
$ILOT $ROJECT - DATA $RESENTATION AND ANALYSIS
1@.1 $i*o( $ro-&c( Da(a $r&)&n(a(ion: CIVIL $ILOT COURT Incr&a)&d Di)po)a* ra(& p&r da . $i*o( CIVIL COURT +ep.(7 to ?ov.(7 0.>.D. 6:.6 7).6 Dec.(7 to 8eb.(* #ate of Disposal Increase in per day (.;*; C.I7=
!ourt *rd /t.!//D A /M8! 6th /t.!//D A /M8!
Disposal per day 0.>.D. Disposal per day (C( C( (.;:) C.C*; ;C 7= 7CC (* *.*** C.I;I
"indin0) :- #ate of disposal per day for *rd /ointi !ivil /udge /.D. A/.M.8.!. Increased by 1.212 #ate of disposal per day for 6th /ointi !ivil /udge /.D. A/.M.8.!. Increased by @.<!5 A+&ra0& M Ra(& o3 d&cr&a)& in p&nd&nc o3 o*d Ci+i* ca)&) . pi*o( cour( More than 7 More than 6 yrs yrs A upto 6 More than (C years A upto (C years years $/ 5> $/ .C.76( (.*== 5> C.;*( $/ C.7( 5> ;.I=6 I.);
!ourt
9pto 7 years $/ o.w.
*rd /oint !ivil /udge /.D. .C.C== C.C;= and /M8! 6th /oint !ivil /udge /.D. and /.M.8.!
C.CC( .C.C:: CC ).IC
(C.=* .I.(;;
6)&& Ta.*&-<9 "indin0) :- "or 1rd Join( Ci+i* Jud0& J.D. ? J.M.".C. (.5ld backlog more than 7 years A upto 6 years decreased by /udgment @.@@1 7. 5ld backlog more than (C years decreased by /udgment @.!1 *. 5ld backlog upto 7 years decreased by otherwise @.@25. 45 of 115
I. 5ld backlog more than 6 years A upto (C years decreased by otherwise @.211 6. 5ld backlog more than (C years decreased by otherwise 2.<5; "or ;(% Join( Ci+i* Jud0& J.D. ? J.M.".C. (. 5ld backlog more than 6 years A upto (C years decreased by /udgment 1.155 7. 5ld backlog morethan 7 years A upto 6 years decreased otherwise by A.<@ *. 5ld backlog more than 6 years A upto (C years decreased otherwise by 1@.51 I. 5ld backlog more than (C years decreased otherwise by <.A2 CRIMINAL $ILOT COURT Incr&a)&d M Di)po)a* ra(& p&r da . $i*o( CRIMINAL COURT +ep.(7 to ?ov.(7 !ourt 0.>.D. 6:.6 66 7).6 Disposal C) :; 7I* per day C.(() (.)I6 =.=*; Dec.(7 to 8eb.(* 0.>.D. Disposal per day ;C ;I.6 7= C* 7I( *:: C.C6 *.)*; (I.76 #ate of Disposal Increase in per day .C.C;) (.::( 6.I(I
*rd /t.!//D A /M8!

Ith
/t.!//D A /M8!
6th /t.!//D A /M8!
"indin0) :(. *rd /t.!//D A /M8!, Is civil court has not shown progress in criminal cases disposal within the span of project period. 7.
Ith
/t.!//D A /M8! ,.#ate of disposal per day Is increased by 1.::1
*. 6th /t.!//D A /M8! , #ate of disposal per day Is increased by ;.<1< A+&ra0& M Ra(& o3 d&cr&a)& in p&nd&nc o3 o*d CRIMINAL ca)&) . pi*o( cour( More than 7 More than 6 yrs A upto yrs A upto (C 6 years years $/ CC 5> CC $/ CC 5> CCCC 7.CC 7:.;7
!ourt * /oint !ivil /udge /.D. and /M8!

rd
9pto 7 years $/ CC o.w. CC
More than (C years $/ CC C.C( 6.I7; 5> CC C.;(= 6.66 6)&& Ta.*&-;9 46 of 115
Ith /oint !ivil /udge /.D. and C.CC C.C** C.C(6 C.)6* .C.*77 /M8! 6 6th /oint !ivil /udge /.D. and C.(6 .C.7)) 7.*C= (.I:* /.M.8.! ( *.I=
"indin0) :- 8or *rd /oint !ivil /udge A /.M.8.!:- There was missing criminal cases which are already noted in Inspection note and therefore the balance sheet does not tally. "or <(% Join( Ci+i* Jud0& ? J.M.".C (. 5ld backlog upto 7 years is decreased by /udgment @.@11 and otherwise @.@1; 7. *. I.
;(%
5ld backlog morethan 7 years A upto 6 years decreased by judgment @.@@; and otherwise @.A;1 5ld backlog morethan 6 years and upto (C years is decreased otherwise !.@@ 5ld backlog for more than (C years is decreased by judgment @.@1 and otherwise @.215 Join( Ci+i* Jud0& J.D. and J.M.".C
1. 9pto 7 years disposal decreased otherwise by !.1@5 7. More than 7 yrs A upto 6 years by judgment increased @.1;1 and otherwise by 1.<:1 *. More than 6 yrs A upto (C years by judgment 1.<5 and otherwise by !:.2! I. More than (C years by judgment ;.<!2 and otherwise ;.;; JUVENILE $ILOTIN4 COURT Incr&a)&d Di)po)a* ra(& p&r da . $i*o(in0 Cour( 6Ju+&ni*&9 +ep.(7 to ?ov.(7 0.>.D. 7I Disposal *(* per day (*.CI( 0.>.D. 7C.6 Dec.(7 to 8eb.(* Disposal I(6 per day 7C.7I* Disposal Increase in per day A.!@!
#ate of disposal per day is increased A.!@! A+&ra0& M Ra(& o3 d&cr&a)& in p&nd&nc o3 o*d CRIMINAL ca)&) . Ju+&ni*& pi*o( cour( 9pto 7 years $/ /uvenile .C.((: o.w. .C.)77 More than 7 yrs A More than 6 yrs upto 6 years A upto (C years $/ .C.7:; 5> $/ 5> .((.*( .6.(*6 .C.*I( More than (C years $/ C.CC) 6)&& Ta.*&-29 "indin0) :- #ate of disposal per day in juvenile court is increased by A.!@! $acklog more than (C year are reduced @.@@A . /udgment and 12.!; by otherwise. 5> (;.76
!ourt
47 of 115
Incr&a)&d Di)po)a* ra(& p&r da . Non-$i*o( Cour( 6ci+i*9 +ep.(7 to ?ov.(7 Dec.(7 to 8eb.(* 'verage Disposal Increase in per day
!ourt &rincipal !//D and /M8! 7nd /t. !//D and /M8! ;th /t. !//D and /.M.8.!. "indin0) :-
0.>.D. Disposal per day 0.>.D. Disposal per day 6;.6 6= 6( ;7 C( C6 (.C:) C.C() C.C:= ;(.6 ;( 6( )C CC C; (.(* CC C.(() C.C** C @.@1:
&rincipal !//D and /M8! A 7nd /oint !//D and /M8! has not shown progress . ;th /oint !//D and /M8! rate of disposal per day is increased @.@1: Incr&a)&d Di)po)a* ra(& p&r da . Non-$i*o( Cour( 6CRIMINAL9 +ep.(7 to ?ov.(7 !ourt &rincipal !//D and /M8! /t.!//D and /.M.8.! 7nd /t. !//D and /M8! ;th /t. !//D and /.M.8.!. 0.>.D. 6; 6I.6 6= 6( Disposal C :: ;* 6= per day C (.=( (.C=; (.(*) Dec.(7 to 8eb.(* 0.>.D. ;(.6 6= ;( 6( Disposal C (;= =7 ()6 per day C 7.=: (.*II *.I*( 'verage Disposal Increase in per day C (.C= C.76= 7.7:I
3see Table.)4 8indings ,. (. &rincipal !//D and /M8! has not shown progress 7. 7nd /oint !//D and /M8! rate of disposal is @.!;5 but fact is that there is no progress for decreasing old pendency. *. /oint civil judge and /M8! has shown increase disposal rate 1.@5 I. ;th /oint !//D and /M8! has shown increase in rate of disposal !.!:<
48 of 115
A+&ra0& o*d di)po)a* CRIMINAL . non pi*o( cour() 6 a) .a*anc& )%&&( i) no( c*&ar )o no( ca*cu*a(&d in M9 9pto 7 yrs 7.J. &rincipal !//D and /M8! /t.!//D and /.M.8.! 7nd /t. !//D and /M8! ;th /t. !//D and /.M.8.!. CC (.;;; 7.*** .C.*** O.W. CC 6.*** .).*7) .I.;;; Mor& (%an ! r) ? up(o ; &ar) 7.J. CC (.;;) 7 .7 O.W. CC (.;;) .; .*.;;; Mor& (%an ; r) ? up(o 1@ &ar) 7.J. CC 7 .C.;;; (.;;) O.W. CC I.*** .I.*** (C.**I Mor& (%an 1@ &ar) 7.J. CC C.*** C.*** (.*** o., CC :.;;) C.;;) ;.;;)
!ourt
3see Table.=4 8indings,. (. &rincipal !//D and /M8! the progress is ero 7. /oint !//D and /M8! by judgment for 7 years 1.222 by otherwise ;.111, 8or more than 7
years and upto 6 years by judgment and otherwise 1.22A, Morethan 6 years and upto (C years by judgment 7 and otherwise <.111, for morethan (C years by judgment @.111 and otherwise :.22A. *. I. 7nd /t. !//D A /M8! has not shown progress ;th /oint !//D and /M8! for morethan 6 years and upto (C years by judgment 1.22A and
otherwise 1@.11< , for morethan (C years by judgment 1.111 and otherwise 2.22A 6)&& Ta.*&-1 a) co'par&d ,i(% Ta.*& -!9
49 of 115
Da(a "or ADR : Mediation Month !ourt &rincipal !//D A /M8! 3 non.piloting court4 /t. !//D A /M8! 3 non.piloting courtC 7nd /t. !//D A /M8! 3 non.piloting court4 *rd /t. !//D A /M8! 3pilot !ourt4 Ith /t. !//D A /M8! 3pilot !ourt4 6th /t. !//D A /M8! 3pilot !ourt4 ;th /t. !//D A /M8! 3 non.piloting court4 /uvenile 3pilot !ourt4 +ep 5ct.(7 ?ov.(7 (7 CC CC CC I ( CC CC CC CC 7 CC 6 CC 7 7 6 CC CC CC I * CC CC ) Total CC 7 CC (* I 7 7 (7 Dec. /an. 8eb. Tota (7 (* (* l CC 7 CC ; (( * ( CC CC ; CC ; (7 ; I ( CC ; CC = 7 * (C I CC (I CC 7C 76 (7 (6 6 Increase in &ilot project CC (7 CC C) 7( (C (* .)
Maha "ok.'dalat , !ases decided by on dated (; th +eptember 7C(7 A *rd March 7C(* Maha "okadalat at $hivnadi !ourt ?ame of court !ivil +uits !riminal cases uDs (*= ?I 'ct /uvenile court &re.litigation +pecial !ourt.uDs.76= +pecial !ourt ?! Total Maha "ok. adalat dated Maha "ok.adalat (;th +eptember7C(7 dated *rd March,7C(* *( (6 77 7( (( :6= (6(I 76:: () 7I (( CC IC 6;6 I;C ((() Difference which reduces pendency 1< : .(( CC !: CC CC
50 of 115
To appreciate separately, figures in Maha "okadalat and Mediation is not considered in the average or percentage decreasing of old pendency of cases by mentee. In 'D# also there is progress by &ilot !ourts for reducing pendency. ?on.piloting courts have also shown progress. The courts who are resisting to this change has not shown progress in 'D# also. To(a* .ac8*o0 r&duc&d in Ci+i* Ca)&) !ourt &rincipal !ivil /udge /r.Dn.and /M8! 7 /oint !ivil /udge /r.Dn. and /M8! *rd /oint !ivil /udge /r.Dn.and /M8! 6th /oint !ivil /udge /r.Dn.and /M8! ;th /oint !ivil /udge /r.Dn.and /M8!
nd
Disposal sep.(7 Disposal Dec.(7 Decreased backlog to ?ov.(7 to 8eb.(* reduced ); ( (C( ( 6 )C C 7CC (* ; CC CC :: &iloting court (7 &iloting court ( ?on.piloting court
To(a* .ac8*o0 r&duc&d in Cri'ina* Ca)&) du& (o $i*o( $ro-&c( ?ame of court &rincipal !ivil /udge /r.Dn.and /M8! /oint !ivil /udge /r. Dn.and /M8! 7nd /oint !ivil /udge /r.Dn. and /M8! *rd /oint !ivil /udge /r.Dn.and /M8! Ith /oint !ivil /udge /r.Dn.and /M8! 6th /oint !ivil /udge /r.Dn.and /M8! ;th /oint !ivil /udge /r.Dn.and /M8! /uvenile !ourt To(a* ,or8 *oad d&cr&a)&d !ivil =: !riminal (I=: Mediation :( Mahalokadalat 3except prelitigation4 (C)) Total 7:IC Disposal sep.(7 Disposal Dec.(7 Decreased backlog to ?ov.(7 to 8eb.(* reduced C :: ;* ) :; 7I* 6= *(* C (;= =7 C 7I( *:: ()6 I(6 C ;: ?on.piloting court (: ?on.piloting court C &iloting court (I6 &iloting court (6; &iloting court (() ?on.piloting court (C7 pilot court
6)&& Ta.*&-1 a) co'par&d ,i(% Ta.*& -!9
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1@.! O.)&r+a(ion) In $i*o( $ro-&c( : . 0ach of the pilot courts had a distinctly different experience with the pilot project . 8or this reason, each court examined separately in order to consider the extenuating factors that varied from court to court. 0xperience during the three months of the pilot project has shown that the goal of decreasing backlog in the courts is being achieved. If the process of appraisal of percentage in deceasing in pendency or increasing in rate of disposal for speedy trial, does not lead to the improvement of the skills and proficiency of the Mentee, the very purpose of appraisal becomes illogical. In the pilot project ,it was observed that, except the principal !//D and /M8! and 7 nd /oint !//D and /M8! other courts agree that performance appraisal leads to polishing the skills of the mentee. $ut this is a pilot project for speedy disposal and to decide old pending cases so the entire performance of mentee is not considered and only output by effective working day with pending cases are calculated. -ere entire tables and observations in the mentor sessions shows that there is no chance for bias by Mentor. 1@.1 SU44ESTIONS AND CONCLUSION It is necessary to continue mentor sessions from all angles as per the mission by District !ourt Thane by adopting new role and new techni2ue as addressed by -on<ble !hief /ustice of $ombay -igh !ourt at 9ttan 3Thane4. This being &ilot &roject, the possibility of better results, using other methods may be possible.
1@. < LIMITATION O" T#E STUDY 't Thane district the returns for year wise break up for criminal cases in the project courts not found there the reason for non taking physical verification at least by 2ualitative method can not be assumed. 't Thane district there is procedure to show transferred cases as disposal in the monthly returns, it become difficult to find out actual effective work and it has to be ascertain either from disposal book, if maintained by court or by actual verifying cases of disposal for the month. 52 of 115
The "ine 8unctioning +taff<s experience to work at court not calculated . Due to sanctioned court and post for staff and heavy pendency at all courts, the e2ual distribution criteria proposal can not made unless the health check of non.piloting courts are carried out. !ause list from !I+ and actual working at court was different so it re2uires detail study to revise cause list as per convenience of court and its work load. Time spend in time bound cases is not calculated to find out its effect over calling daily matters at cause list. 0ffect of infrastructure, non availability of trained staff etc is not calculated for statistical inference of efficiency of the mentee and staff. Data at !I+ is not updated and feeding of most of matters is pending so effect of providing !I+ for speedy disposal can not be calculated.
1@.; Scop& 3or 3ur(%&r )(udi&) , $y effective management, the goal of entire mission is possible for which long term strategy is necessary. The &olicy A 'ction &lan for ?ational !ourt Management +ystems 3?!M+4 and !ourt Management system by -igh !ourt will give more dramatically higher results for such project.
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Topic-11
$RESENT ASSESSMENT SYSTEM/ "UTURE SYSTEM AND EVALUATION O" MISSION
11.1 $r&)&n( )(ra(&0 (o &+a*ua(& A))&))'&n( : 't present fixation of ?orms are as per report accepted by the committee constituted by the -on<ble $ombay -igh !ourt vide letter ?o. '3+pl.4 *I6D((;:D7CC: dated 6 th ?ovember , 7CC:. ?orms for disposal of cases and other related judicial and administrative work are fixed. The four monthly assessment formula is as ,. "or'u*a : #emarks R 3Total Disposal4 Divided by 30ffective >orking Days4 Sr N@. ( 7 * I 6 ; ) DIS$OSAL $etween (.CC to (.76 times of the norms $etween (.7; times upto (.6C time of the norms $etween (.6( times upto 7.CC times of the norms 'bove 7.CC times of the norms $etween.);J to .(CCJ "ess than .)6J of the norms >orks for not more than 7C days during the entire four monthly period REMAR>S 'de2uate 1ood ?oteworthy 0xcellent Inade2uate 1rossly Inade2uate Disposal be assessed on actual working days
The ratio of disposal by /udicial 5fficers in respect of Main and Miscellaneous matters should be ;C,IC respectively, duly certified by the concerned &rincipal District /udge i.e. &rincipal /udge, &resident etc. The ratio of disposal of !ivil and !riminal matters should be 6C,6C where the /udicial 5fficers has !ivil as well as !riminal files in almost e2ual proportion. The report further speaks norms for disposal of old cases, orders, other judicial works and administrative works. The weightage is fixed by the committee. 11.! O.)&r+a(ion) 3or pr&)&n( )(ra(&0 :- The above assessment is considerable in promotions or other higher opportunities to the subordinate judges. It is one of the criteria for the succession planning. &resent fixed ?orms or any norms that may be revised in future is for overall disposal 54 of 115
of cases by the judge. 8rom the above benchmark,. Time consumed for recording evidence can not be calculated. Time consumed for remand work and bail , first order can not be calculated. The overall remark e.g. 'de2uate, 1ood, ?oteworthy, 0xcellent, Inade2uate etc is the unitD rating mark for assessment of disposal for four monthly period. The 2uality of cases decided can not be calculated e.g.If any judge has decided a heavy file or complex matter then his disposal norms may decreases due to spending more time for such heavy or complicated matters , 5n the contrary if the judge decided light cases like &rohibition, $ombay &olice 'ct or -ostile witnesses cases then his disposal increases. ' /udge who was continuously giving his disposal for satisfactory remark may after transfer to another station may not give disposal for the various reasons. Though he may have potential energy or has more kinetic energy but for various reasons he could not give disposal within the rating fixed. +aid factors can not be calculated. Time spend for administrative work can not be calculated. Though there are circulars and orders from higher courts to dispose of old cases but at present there is no effective continuous and close monitoring agency which monitors deciding old cases and its 2uality to ascertain actual work within the effective working days. 8or administrative work and corrective procedure for which Inspection of the court has to be carried out as per the period fixed by the -on<ble -igh court. During the pilot project period, it was observed that, the judge has passed order for summons, warrant etc but in most of cases @amgiri 3 summonsDwarrant sending process 4 is not carried out and for the same reasons the cases are pending. The reason for non.service of summons Dwarrant by police agency is another cause for pendency. Thus it shows that, the /udges and "ine 8unctioning +taffD Ministerial staff are the important part of the system. $oth has to be assess. Moreover it is necessary to motivate to the $ar members to decrease the old pendency. The new techni2ues and new roles are necessary to carry such functions. The object of pilot project is not to assess the performance but without discussing general and expected system the pilot project can not be concluded. The another reason is that, recently the -on<ble -igh !ourt has started recruitment for !ourt Manager , wherein effective duties are mentioned for court manager. 55 of 115
11.1
Cour( Mana0&r S )(&' :- 's per ?otification by "aw and /udiciary Department,
Mantralaya, Mumbai, Dated )th 5ctober ,7C(( and -!T.(:(CD66)D3=(4DDesk.I the duties of court managers are given as ,. 3I4 Duty G 3(4 The !ourt Manager shall assist the #egistrar 1eneral in the -igh !ourt and the &rincipal District /udge, in the District, in the administrative functioning of the courts to enhance the efficiency of the !ourt Management. 374 The administrative functions of the &rincipal District /udge may be entrusted to the !ourt Manager and the latter shall assist the &rincipal District /udge in exercising general control over the courts and in the inspection of the +ub.ordinate courts. 3*4 The !ourt Manager may be entrusted with the following responsibilities,. 3II4 &olicies and +tandards ,. 3(4 $ased on applicable directives of superior courts, establish the performance standards applicable to the court 3 including on timeliness, efficiencyK 2uality of court performanceK infrastructure K and human resourcesK access to justiceK as well as for systems for court management and case management 4 374 !arry out evaluation of the compliance of the court with such standardsK identify deficiencies and deviations K identify steps re2uired to achieve complianceK maintain such an evaluation on a current basis through annual updates. 3III4 &lanning ,. 3(4 In consultation with the stakeholders of a court 3including the $ar,ministerial staff, 0xecutive 'gencies supporting judicial functions such as prosecutorsDpoliceDprocess serving agencies and court users4,prepare and update annually a 6 year court wise court Development &lan 3!D&4. 374 Monitor the implementation of the !D& and report to superior authorities on progress. 3IE4 Information and +tatistics,. 3(4 0nsure that statistics on all aspects of the functioning of the court are complied and reported accurately and promptly in accordance with systems established by the -igh !ourtK 374 0nsure that reports on statistics are duly completed and provided as re2uiredK 3E4 !ourt Management ,. 0nsure that the processes and procedures of the court 3including for filing ,scheduling, conduct of adjudication, access to information and documents and grievance redressal 4 are fully compliant with the policies and standards established by the -igh !ourt for court management and that they safeguard 2uality , ensure efficiency and timeliness, and minimi e costs to litigants and to the +tateK and enhance access to justice.3?ote, +tandard systems for court management should be developed at the -igh !ourt "evel4. 3EI4 !ase Management , 0nsure that case management systems are fully compliant with the 56 of 115
policies and standards established by the -igh !ourt for case management and that they address the legitimate needs of each individual litigant in terms of 2uality, efficiency and timeliness , costs to litigants and to the +tate 3?ote, +tandards for case management should be developed at the -igh !ourt "evel4 3EII4 #esponsiveness Management ,. 'ccess to /ustice, "egal 'id and 9ser 8riendliness. 0nsure that the court meets standards established by the -igh !ourt on access to justice ,legal aid and user friendliness. 3EIII4 Quality management , 0nsure that the court meets 2uality of adjudication standards established by the -igh !ourt. 3IN4 -uman #esource Management ,. 0nsure that -uman #esource Management of ministerial staff in the court comply with the -uman #esource Management standards established by the -igh !ourt. 3N4 !ore +ystem Management, 0nsure that the core systems of the court are established and function effectively 3documentation managementK utilities management K infrastructure facilities managementK financial systems management 3auditsKaccountsKpayments4 3NI4 IT system Management , 3(4 0nsure that the IT systems of the court comply with standards established by the -igh !ourt and are fully functional. 374 8eed the proposal ?ational 'rrears 1rid to be set up to monitor the disposal of cases in all the courts , as and when it is set up. 3NII4 >ithout prejudice to the generality of the foregoing sub.rules. 3(4 The -igh !ourt and the &rincipal District /udge, with the prior approval of the -igh !ourt , may prescribe the duties of the court Manager , by general or special order, from time to time and likewise , may provide for the subordination of , and internal relativity amongst the staff of the District court, vi .a.vi , !ourt Manager. 374 The -igh court and the &rincipal District /udge may further specify,modify,add to or delete from, the duties of the !ourt Manger, from time to time. and
11.< Li(&ra(ur&- o+&r+i&, 3or $&r3or'anc& Appr&cia(ion and Mana0&'&n( ,.

The process of identifying, evaluating and developing the work performance of employees in order to achieve the goals and objectives of an organisation is called as performance management. 0ffective performance management is designed to identify performance re2uirements, enhance performance, provide feedback relevant to those re2uirements and assist with career development. &erformance management is a strategic and integrated process that 57 of 115
delivers sustained success to organisations by improving the performance of the people who work in them and by developing the capabilities of individual contributors and teams . 5ne of the important objectives of performance management is identifying the strengths and weaknesses of employees and finding ways to overcome their shortcomings. 'nother objective is to discover where employees and the company are falling short. The best way of improving a company%s overall output is motivating the employees and improving their performance. To identify and remedy situations that hinder company performance is another important objective of performance management. The aim of a performance management strategy is to provide the means through which better results can be obtained from the individuals, teams and the organisation..by understanding and managing performance. ' major concern of performance management is performance improvement in order to achieve organisational, team and individual effectiveness. The purpose of performance management can be broadly classified into driving results, building capability and growing talent. ' performance management process developed to drive the achievement of key business results is designed to make sure that the goals and expectations of the organisation, team and individual are clearly defined, are focused on key priorities and are well connected to the drivers of results. !oaching and mentoring helps employees to learn the skills, behaviours and knowledge that are critical to the organisation%s ability to execute its business strategy. ' performance management process for identifying and rewarding talent is developed to assess performance. $asic &rinciples of &erformance Management ,. 0ffective organisations need effective performance management. &erformance management deals with performance across the entire range from ' 3poor4 to U 3excellent4. Manager%s ability to deliver has an impact on performance management. &erformance management is not a fixed eventK it is a cyclic process centred on learning and development. &erformance management is not a system. It is a natural process of managing people. $&r3or'anc& Mana0&'&n( and i() Di'&n)ion) : &erformance management involves thinking through various aspects of performance, identifying the critical dimensions of performance, 58 of 115
planning, reviewing, developing and enhancing performance and related competencies. The following dimensions of performance ,. H 5utput or result dimension. H Input dimension. H Time dimension. H 8ocus dimension. H Quality dimension. H !ost dimension. 5utput or result dimension is the most acceptable, visible and measurable dimension of performance. It describes the conse2uence of inputs in a semiGfinal, final or summary form. It describes the standards in an easily measurable form. This dimension deals with the activities or tasks to be accomplished by the individual. The nature of activities to be undertaken by the individual, the time frame, the 2uality of inputs to be given and so on, constitute the input dimension. Input.output relationship consists of points, (4 Defining performance taking into account all the complexities .74 &lanning performance both in terms of the input, output, and conditions under which these are to take place and so on. *4 Measuring performance and understanding the limitations in measuring performance. I4 'nalysing performance and understanding what caused it or contributed to it both positively and negatively. Identifying development needs and support re2uirements from this analysis. 64 Developing capabilities to perform or the capability to give inputs and possess the competencies to convert the inputs into desired output. ;4 Monitoring it and reviewing it. )4 #ecognising various dimensions of performance and rewarding it where appropriate. &erformance can be measured for a task, for a day, for a week, for a month, year or for life. The time period for performance is important. In information technology organisations, performance is evaluated over a 2uarter or a three.month period. They may also be defined by tasks or project and not time. &erformance management is responsible for getting the individual to give their best in a given role and during a given period of time. &erformance of an individual in an organisation can be defined as the output delivered by an individual with respect to a given role during a operating at that point of time. The focus of performance can be on many other dimensions. It could be on 2uality or on cost or financial dimensions. The outcome of performance should be of a good 2uality 59 of 115 particular period of time and under the set of circumstances
.&erformance management uses various interventions to make sure that the individual delivers maximum output of expected 2uality under the given circumstances. Maximum output is a relative term. Maximum is defined or determined by the considerations, (. &revious performance of the individual for a similar task and under similar circumstances. 7. &erformance of any other comparable individual or a standard available at that time including the maximum performance of another individual with whom competition is being set. *. 0stimated performance of the individual specified in advance, taking into accounts the capabilities and capacity limitation of the individual and the constraints imposed by the situation. !osts may be financial, or with respect to time and effort. &erformance management is a continuous process while appraisals are periodic activities. 'ppraisal is a static process, whereas performance management is a dynamic process. 'ppraisal systems help managers manage their performance. &erformance management systems with an appraisal component built into them should lead to improved performance and more motivated and competent people. "atest trends in the performance management systems ,&erformance management systems in various organisations are beginning to evolve. The focus is more on improvement and development . +hift from 2uantitative to 2ualitative assessment. More importance is given to process than formats. More emphasis is given to learning and development, empowerment and growth and problem solving rather than assessment, objectivity, and measurement . 9se of technology to facilitate learning from each other. &ublishing key performance areas, performance plans . Integrating other systems . 9sage of selective internal task forces and other review mechanisms . 0ncouraging employees to own their own performance management. Taking follow.up actions on time, it may be training or job rotation or removing blocks or any other things that have to be attended immediately. Motivation helps to make employees work to their full potential, which in turn leads to individual as well as organisational growth. Motivation is defined by goal.directed behaviour. The process of motivation includes (4 ?eed 74 0stablish 1oal *4 'ttain goal I4 Take action. The are two ways by which motivation can take place at work .&eople can motivate 60 of 115
themselves by seeking and carrying out work which satisfies their needs or at least leads them to expect that their goals will be achieved. Intrinsic motivators are likely to have a deeper and longer.term effect because they are inherent in individuals and not imposed from outside. In 0xtrinsic motivation , Management can motivate people through methods like pay, promotion, recognition , praise and so on. &erformance management is an on going process that happens through out the year. &erformance planning is the first step of an effective performance management process. &erformance planning deals with setting the direction, accepting performance agreements and agreeing personal improvement plans. During this process, key responsibilities of employees are identified and goals are set. The result of the planning process is performance agreement. ' personal development plan is prepared and agreed during the performance planning process. &erformance management is basically about managing expectations. 0xpectations should be defined based on a role profile, which sets out the overall purpose of the role and the key result areas it contains. Managing expectations is based upon an agreement between a manager and the employee on some objectives and how its achievement would be measured. 5n.going role objectives, targets, tasksDprojects, values, behaviour, performance improvement and development are the different types of objectives. It is very important to know what the current performance is, in order to improve performance. &erformance measures or metrics can be classified into finance, output, input, reaction and time. #eviews give managers and the individual members of their teams the opportunity to pause and reflect on the key issues of personal development and performance improvement. The objectives of performance reviews are motivation, development and communication. 8eedback provides a chance to recognise achievements or to specify areas for improvement or development. It is always based on evidence. The performance assessment process begins with analysis of results and the reasons for the level of achievement reached. #esults are assessed against agreed objectives. #ating employee performance can be done in different ways. It can be done on a four point or a five point rating scale. 'nother alternative approach to rating involves agreement between the manager and the employee on where the employee has to be placed on a matrix or grid. The main aim of performance management is to improve performance. This becomes the 61 of 115
responsibility of the manager as a coach and support employees in their activities to develop their knowledge and skills. It is very important to maintain records of role profiles, agreed objectives and improvements made. This will be of great help during annual performance reviews. !ontingent pay schemes re2uire a record of assessments or ratings. The performance or development plan and work plan are two documents intended to help employees in an organisation fulfil these expectations. They help managers to remain focused and execute decisions aimed at achieving the organisation%s long and short term objectives. These documents help individual employees to focus on their job responsibilities and achieve personal as well as their organisation%s goals and objectives. &erformance appraisals facilitate management and monitoring of standards, agreeing expectations and objectives, and delegation of responsibilities and tasks. 0mployee performance appraisals also institute individual training needs and enable organisational training needs analysis and planning. It is sometimes trendy in the <modern age< to dismiss traditional processes such as performance appraisals as being irrelevant or unhelpful. It is possible that the critics of the appraisal process are the people who can<t conduct themselves very well. It<s a common human response to want to get rid of something that one finds difficult. 'ppraisals in whatever form have been the mainstay of management for decades, for good reasons. $&r3or'anc& Apprai)a* o3 7ur&aucra() K A N&, Approac% :- 9ntil now, an annual confidential report, a form of traditional mechanism usually known as '!#, was used to measure the performance of bureaucrats, based on which decisions such as salary increase, promotions and so on were taken. The '!# as an independent mechanism used to have a lot of scope for pleasing the dictatorial way of the bosses, giving them the liberty to act as per their thoughts and capabilities. +ince it was the bosses who used to fill up these confidential reports, they would practice a lot of favouritism. In order to obtain excellent or remarkable rating from the boss, the subordinates would do anything to please them like flattering the boss, undertaking their personal work, entertaining their family and friends, and so on. The system sustained for a long period of time, giving little exposure to the public sector towards new appraisal techni2ues. The Indian 1overnment finally decided to get rid of '!# in May 7CC6 by approving &erformance 'ppraisal #eports 3&'#4. These reports help the government departments to evaluate the bureaucrats in terms of their performance rather than their relationship with the higher.ups. $y the introduction of performance appraisal reports, the new system attaches accountability more strictly with the intention of raising competence and rewarding 62 of 115
performances based on the employees ability to generate good results. The &'# is completely different from an '!# in the senseK it does not allow any scope for the personal opinion of the superior. The &'# is not the only document that is being used in conducting the performance appraisal of bureaucrats. It is used in addition to a new system of peer review, which is conducted by an eminent persons group 30&14. The 0&1 seeks to ascertain the reputation of a civil servant by obtaining inputs from peers, juniors and clients in confidence. It also helps to evaluate the officers reputation in terms of integrity, competence, attitude and other 2ualities. This type of an assessment is very appropriate for government servants, as it is bound to increase their accountability and efficiency and encourage them to be more pro.active in their work. The appraisal framework has been designed to facilitate a more objective and transparent appraisal of bureaucrats. The &'# takes stock of an officers performance against (6 to 7C indicators such as work output, personal attributes and functional competence. This is followed by a report card with a scale of points ( to (C, with the overall grade being the median of the score for each indicator. The &'# is divided into four sections. The first section consists of basic information on tax and property returns, medical reports and so on. The second section has space for the officer to write their self.appraisal. The third section is meant for peer appraisal, while the fourth and last consist of a numerical grading. 5ver and above this appraisal, there is also something called an VIntegrity !ertificate. 5nce the &'# is filled, the next stage, which is the final appraisal, is conducted. ' high.level selection committee comprising the &rime Minister of India and the leader of the opposition in the &arliament will select the 0&1 members. These 0&1 members will have a five.year term, so as to ensure that they assess an officer only once, in order to eliminate the possibility of bias. The 0&1 can seek information on the officers from intelligence agencies, but that report will be confidential and will not form part of the &'#. 't the beginning of every year, the senior bureaucrat and their junior, in their capacities as the appraiser and the appraisee will prepare an annual work plan, specifying the tasks to be accomplished and attaching priorities to them. Depending upon the events and circumstances, the work plan can be reviewed in between the year. The &'# is filled based on the performance of the officers with respect to the tasks agreed upon in the annual work plan. Thus, the new &'# system has brought in a complete change in the appraisal system of bureaucrats, which can satisfy the expectations of all concerned and act as a link between the common man and the bureaucrats. The primary aim of the &'# system is to facilitate improvement in the performance of those in responsible positions of civil service in the 1overnment of India. The appraisal system flows through many guidelines and instructions followed by various 63 of 115
methods. Traditional methodologies are used commonly everywhere as a part of performance appraisal. These traditional methods are taken as a general task for measuring the 2uality aspects. +ome of the traditional methods are, H 0ssay appraisal method. H +traight ranking method. H &aired comparison method. H!ritical incidents method. H8ield review checklist method. H1raphic ratings scale method. H8orced distribution method. The modern approach to performance appraisal is a future oriented approach and is developmental in nature. It recogni es employees as individuals and focuses on their development. +ome of the modern methodologies of performance appraisal are, H Management by 5bjectives 3M$54. H *;C degree 'ppraisal. H 'ssessment !entre. H $ehaviorally 'nchored #ating +cales. H -uman #esource 'ccounting. The performance appraisal process as we have seen is incomplete without the feedback given to the employee about his appraisal and his feedback. The way of giving as well as receiving the feedback varies from person to person as well as their way of handling the issue. It is thus, important to provide a constructive feedback to the employee. It should be given such that it will motivate him to perform better. The highly effective people are able to turn feedback into a real, effective, and long.term change. The feedback models mentioned if adapted will surely work wonders for you. 8eedback is an essential part of improving performance regardless of current performance levels. It is needed to maintain high performers, and improve poor performers. 8eedback, especially the not.so.positive variety is the most difficult. Bet, it is one of the important factors in any performance appraisal. &erformance objectives must be clear and should be able to guide action. It should be able to lead the company to achieve great heights.
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Ta*&n( 'ana0&'&n( :- Talent is the main driving force behind any organisation and it becomes a necessity for an organisation to find the right person and put them in the right position. The result of putting an individual in a wrong position can be low productivity, dissatisfaction, low morale or negative behaviour. Talent Management can be defined as recognising a person%s inherent skills, traits, personality and offering himDher a matching job profile. Talent Management is beneficial for companies as it increases the productivity and capability, provides a better link between an individual%s efforts and business goals. It also reduces turnover and increases bench strength. Talent Management also benefits employees by providing higher motivation and commitment, career development, increased knowledge and contribution to company goals. Talent Management provides various benefits such as employee engagement, retention and binding to the strategic goals. This helps to determine the future leadership of the organisation, increased productivity, culture of excellence and so on. It is the process of managing the supply and demand of talent to achieve optimal business performance in alignment with organisational goals. 5rganisation can meet its business goals by indulging in continuous and integrated process for recruiting, training, managing and supporting its employee. Talent management demands that organisations move from replacement and succession planning to cater to the entire talent pool with other processes and opportunities. 5rganisations have to face lot of problems if they fail to manage talent properly. The tools for managing talent include &erformance appraisal, &otential forecast, and Measurement scales for performance and potential, !oreDInstitutional competencies and Mapping and weighting competencies. 5ne of the Important step to 'ssess Talent Management process is 'pplying Talent Management.5rgani ations involved in training for talent management may find themselves confronted with organisational issues. 8or examples, some organisations find strong relationships dismantled by mentors who can split the manager and employee relationship. +ometimes opportunity and goals may be misinterpreted either by the mentee or in the broader community. Moreover the formal structure may not be compatible with the culture, and it can be difficult to find appropriate mentors who will provide their necessary time. 0ffective Mentoring re2uires attention to four key factors, ' clear agreed set of objectives. !ommunications and development for all those involved . !areful matching of mentors and mentee &eriodic evaluation and review of the effectiveness of mentoring. 65 of 115
5ne of the Talent Management strategies is Talent Development and as per the learning through others, 'long with the job movement, learning through others both within and outside of the organisation is an essential development strategy. #elationships are established with those individuals through whom work must be carried out as well as those individuals with depth of experience in the industry or organisation. These, relationships can not only assist in the completion of job assignments but also guide the organisation, recommendations of future possible roles with the organisation and a suitable atmosphere for new ideas or innovations before they are ready for prime time. Mentoring is one method for teaching employees extensively. The mentoring process depends on the direct relationships between mentor and mentees that are used to assist, guide and support continuous innovation and training and to prepare the individual for the future. Most mentoring relationships are casual and grow naturally out of a mutual feeling of respect and belief. Mentors are encouraged to provide support and useful, honest opinion from someone who is interested in the mentee<s success. This will development programs. 11.; S(a33in0 $a((&rn) :.+taff pattern for subordinate judiciary is under the administrative control of $ombay -igh !ourt are as per !ompendium 3!ompendium of 'dministrative and 8inancial powers delegated to the /udicial officers and as per 1.#." and /.D.?o.+#5.(C6:D6*7:D:()*./, dated 7=th 'ugust, (:;( 4 and +tudy 1roup #eport 3 #eport of the +tudy 1roup appointed by the -igh court and organi ational set.up and staffing pattern of the Mofussil !ourts (:=( 4. at Lchapter = at para =.7.7 3vi4 it is 2uoted that, L Thus, for the purpose of gradation of courts, average rate of institution should be determined and then figure of pendency which is above that average should be determined. Then , certain percentage of that pendency should be added to the average rate of institution to account for this pendency and also for the other factors referred to earlier which have impact on the extent of ministerial workload but which have no measure. To illustrate, if the average rate of institution of proceedings in a court is (CCC and the pendency is (6CC, for the purpose of gradation of that court, the average rate of institution for that court may be regarded as (CCC plus certain percentage of 6CC cases 3i.e. pendency exceeding (CCC cases4 to take care of the pendency and the other factors.M para =.7.= &rinciples to determine the ade2uacy of the strength of the staff, 3I4 ordinarily, the 66 of 115 enable the mentee to gain insights, organisational expertise and lessons learned that are not usually provided through formal
strength of staff should be determined on the basis of workload measured in work hours. The norms for determination of workload in each branch need not be necessarily identical. The norms of work for every individual employee can not possibly be determined in an organi ation like the /udiciary. Therefore, whenever possible , they may be determined for a branch. >here determination of such a norm also not possible , expected collective output determined on the basis workload measured in work hours may be adopted as a guide. >hile determining the expected output in work hours, due weight should be given to a proper performance of all duties in the manner prescribed by the departmental rules or directions and the variable factors on which the extent of work depends. &riorities for disposal of litigation and the expected length of the life of proceedings should be considered in the context of determination of the workload of judicial work falling on the ministerial staff. +o also, whenever a special statute casts special duties and responsibilities in respect of proceedings arising under that 'ct, the workload in respect of those duties should be considered for determining the additional strength of staff to be made available. The strength of the service staff attached to an officer or provided for the making certain aids and amenities available to him 3for example, stenographer, deposition writer etc.4 should not be counted in the total strength of the staff which is worked out on the basis of the total workload in the office. >henever additional officers3 for example 'ssistant /udge, /oint !ivil /udge, 'dditional District 1overnment &leader4 are provided 3appointed4 in a court, personal staff as per prescribed scales should be provided. &ara =.7.; &rinciples regarding constitution of branches, The strength of a branch should be determined with reference to,. a4 norms of workload b4&resent workload c4expected increase in the workload d4 loss of time in training employees in the branch e4 the variables which bring about the rise or fall in workload. The strength an not be fixed absolutely at one point of time . -ence , it needs to be reviewed at intervals , say of five years.M
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11.2 S(a33 O.)&r+a(ion) in $i*o( $ro-&c( :. The line functioning staffDministerial staff re2uires good skill , knowledge of civil procedure code and !ivil Manual and for the criminal court the knowledge of !riminal &rocedure code and !riminal Manual. Therefore, job rotation is necessary for effective performance. The employee at staff functioning who spend maximum period of his service in administrative section could not effectively give response when he works at line functioning. If staff is provided in absence of regular staff, the substituted staff could not work efficiently. ' general grievance about training to staff has to be considered. The job descriptions are certain but it has to be amended as per the culture, environment of cases and where the court is situated. The advantages of job rotation are effective tools to increase the efficiency of the employees. Most of observations are considered in the mission by -on<ble +upreme !ourt. 11.A Li(&ra(ur&- o+&r+i&, :"or Jo.-Ro(a(ion:. These are key to effective job rotation. Jo. Ro(a(ion 'u)( )(ar( ,i(% an &nd 0oa*. The goal of the job rotation determines the job changes. Thus, if a department in which every employee is cross.trained to do every job is the goal, a careful structuring of the rotation must occur. If the development of individual employees, for eventual promotion, to advance the employees career options, to avoid job boredom, or to create backup help for vacation times, is the goal, the job rotation plans will differ. 0ffective job rotation specifies the goal. Jo. ro(a(ion 'u)( .& car&3u** p*ann&d. 'n optimum training plan helps the employee build upon the skills learned at each step of a job rotation. +o, the plan involves the employee participating in a series of jobs on a path that other employees have followed that resulted in a fully trained employee, or the accomplishment of the goal. E'p*o &&) ar& a.*& (o a))&)) ,%&(%&r (%& -o. ro(a(ion i) ac%i&+in0 (%& 0oa*). !onse2uently the steps in a job rotation should be measurable and build upon each other. 7o(% (%& &'p*o && and (%& or0ani=a(ion n&&d (o .&n&3i( 3ro' (%& -o. ro(a(ion. !onstantly teaching employees new job skills is time consuming and saps organi ational energy. If the employee sees nothing in it for him, after he puts forth the effort necessary 68 of 115
to learn new jobs, job rotation wont work or motivate employees. 'dditional compensation is often provided as employees learn new or more difficult jobs in a job rotation. 5r, employees who are cross.trained to do more jobs are paid more because of the employers increased flexibility that results from their learning. A '&n(or/ in(&rna* (rain&r/ or )up&r+i)orB(rain&r i) pro+id&d a( &ac% )(&p o3 (%& -o. ro(a(ion p*an. 's an employee moves to each new job, he or she is assigned to another employee who has the responsibility to teach, answer 2uestions, and mentor during the training. Wri((&n docu'&n(a(ion/ an &'p*o && 'anua*/ or on*in& r&)ourc& &n%anc&) &'p*o && *&arnin0. >ritten documentation about various aspects of each job is helpful to reduce the employee learning curve in job rotation. Ad+an(a0&) o3 Jo. Ro(a(ion :- /ob rotation provides a career path for employees when promotions are not available, or when the employee does not want a promotion or management responsibilities. /ob rotation provides advantages for an employee. In a job rotation, the employee, gains knowledge and skills by learning different jobs that re2uire new skills and provide different responsibilities. overcomes potential boredom and job dissatisfaction by having a new and different job with changed responsibilities and tasks. is given a new challenge, an opportunity for the employee to expand his or her knowledge, accomplishments, reach, impact, and potentially, influence different aspects of the organi ation. may learn about different facets of the organi ation and how work is accomplished in different departments or job functions. 3This will build his or her organi ational knowledge and ability to get things done.4 is prepared for an eventual promotion, in a succession plan, by receiving the chance to expand his or her skill set and responsibilities, and gain broader knowledge about the organi ation. gains visibility with a new group of coworkers and managers. Eisibility for a good employee brings potential opportunities.
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/ob rotation is viewed as desirable by employees because of the impact a lateral move or promotion has on the employee<s opportunity for personal and professional growth and motivation. /ob rotation is seen as a continuing commitment from the employer that enables employees to develop and grow in their employment and pursue a desirable career path. 11.5 as ,. The mission statement is that, L Mi))ion (o d&+&*op G7&)( $rac(ic&) 4uid&M for improving judicial 2uality,enhancing court management and reducing delayM. It is a comprehensive statement. Mission is concerned more with the present but the entire scheme shows that, it is also vision for future. It has covered seven dimensions with goals and objectives. 5bjectives and goals are as distinguished by 'ckoff as, L1esired states or outcomes are objectives. -oals are objectives that are scheduled for attainment during planned period M. The mission has distinguished goals and objectives very safely. The next word is , L B"!# P6 >#2>"! G;2%" M. It never speak, L$est.in.class In(&rpr&(a(ion o3 G Mi))ion (o d&+&*op 7&)( $rac(ic&) 4uid& a( T%an& Cour( H
'nswer to this 2uestion is drawn from the observations taken during the period of &ilot &roject
$enchmarkingM due to the /udicial +ystem in India. The word , L$est &racticesM speaks that how to perform excellence in the present environment through evolution. It has given freedom with restrictions. It has covered five stages of evolution eg. It is not our job to fix, >e will do just as much as we have to, It is long term compliance, it gives us a competitive edge, and we need to make sure everybody does it. ?ext is the strategy to apply. 1lueck 3(:)74 has defined, L % unified, comprehensive and integrated plan designed to assure that the basic objectives of the enterprise are achieved M. ?ow the /udiciary level and entire structure strategy is developed by ?ational !ourt Management &rogram and other steps as observed in the project. In this mission the strategy is for 8unctional or operational strategy which concentrates on particular function or operational areas as mentioned in it. ?ext portion is , for strategic management in the form of guidelines. It is more specific with reference to target, objectives. ?ext portion is, allocating and managing resources, integration of resources for success of the Mission. It has adopted Management !ontrol +ystem 3M!+4 to ensure that 70 of 115
implementation of strategy takes place according to plan. It covers steps for dissecting balance sheet ,a. 0stablishing standards ,b. Measuring performance , c. 0valuating performance against standards , d. Taking corrective measures to improve performance . &olicy, generally comes first, strategy comes later. The relationship between policy and strategy is an evolutionary phenomenon. 's a se2uence or conceptual chain in the management process, policy , strategy and tactics can be written as , P&$2>)F S#6 #"3)F T >#2>!. 's orally addressed by #onD.*& S%ri. Ju)(ic& Mo%i( S.S%a%, !hief /ustice of the $ombay -igh !ourt at the inauguration of the conference of /udicial 5fficers , reflects in the policy of the present Mission. +trategic management of Mission allows to be more proactive than reactive in shaping future. It has established additional criteria in present strategy to evaluate 'ssessment , for actual performance and emulated best process. The work of pilot project is the tactics used by applying 0xecutive Mentoring . 11.: E33&c(i+& E+a*ua(ion o3 (%& Mi))ion . $i*o( $ro-&c( ,. It is meaningful, It has given
true picture of what is actually happening. It is not fault finding evaluation . It promotes mutual understanding, trust and common cause. Due to the word , M2!!2&' *&6 B"!# P6 >#2>"! 2', a 0xecutive Mentoring techni2ue is applied for this pilot project and at relevant stage, strategy for &athfinder etc is discussed . The Mission is useful not only for /udicial +ystem but also to the /udicial 5fficers for their carrier development and succession planning by way of evaluating actual assessment. +upport of &atron.in.chief is sole of this live pilot project and entire mission. During the pilot project, it was observed that, the &arton.in.cheif of this mission has a view like an 'merican &sychologist, 8rederick -er berg, who stated that, L 3ou can not motivate people 4 3ou can just build an environment where people motivate themselves M. During the pilot project , it was observe that, a Mentor re2uires a time for the
observation and taking sessions of mentee . +o if the Mission is adopted for more population then such role may discharge by #etired /udges with the help of retired court staff and court manager may save time of present line functions. 8or present "ine functioning staff, job rotation is also necessary . Moreover, Mentee may re2uire training to tackle the situation arose before him. 71 of 115
Question may arose as to why not concentrated towards overcoming from resistance to change. The first reason is that, it is pilot project and for other reason , it re2uires research study for change management. Therefore, it is necessary to go through literature in short. !hange Management is is a process carried out in the organisation to empower the employees to accept and follow the changes in their present business environment. !hange management is also applied in project management. !hange is any variationDalterationDtransformation, a passing phase from one state or form to another, for example, a change of countenanceK a change in habits or principles. !hange implies dissatisfaction with the old one and an urge for the new one. !hange can be perceived in two ways.changes as intrinsic and continuous, and extrinsic and discontinuous to the organisation. !hange Management is a systematic approach of dealing with change, both from organisation and individual perspective. !hange Management can be seen from two perspectives, one is from those implementing change and the other is the recipients% perspective. $oth managers% and employees% perspectives for change must be considered here. These two perspectives of change management are referred as, H W 5rganisational change management. Individual change management. In this pilot project, individual change is notice. 8or individual change management, it is necessary to build knowledge in the following areas, W Diagnosing resistance to change. W Managing individual change models. W +upporting change through decisions and conse2uences that are faced by the employees. W -elping employees to navigate the change process through coaching tools and techni2ues. W 0xecuting activities and exercises to employees from supervisors to manage change. 8or the teams, an individual change model like , W 'D@'# allows collecting the data from different groups across the organisation to, W 9nderstand how effective their organisational change managements are. W Take disciplined actions accordingly.
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!hange management cannot be dealt by a single person. The change management team, senior managers and supervisors help employees by providing sufficient knowledge on the changes happening in the organisation and make them adapt to these changes. !reating a strategy means planning and not organising. To organise we must connect people with each other in significant and purposeful ways. 8urther on, we must connect people with the information and technology which are needed for them to be successful. !hange management is a process , tool and techni2ue for managing people<s side of change. It is not process improvement method, but it is a method for reducing and managing resistance to change while implementing process, technology or organisational change. The four columns in the . &roject ?ame, &urpose, &articulars, &eople exercise and the process of labelling and filling each column helped to create a context for the project. Making the connection between the column is the solution. If we do not manage the people side of change, it doesn<t matter what specific changes are architected in the particulars column because they won<t be realised at any time. 'nd if people don<t modify how they do their jobs, we finally won<t achieve the benefits we were looking for from the project in the purpose column. Thus the project will not deliver expected results. +o what can be done to make the people do their jobs differently X The answer to this 2uestion is obviously change management. 0ffectively managing of change re2uires an understanding of how individuals go through change which is described in the 'D@'# 3 'wareness,Desire,@nowledge,'bility,#einforcement4 model, and an understanding of the tools that the project teams have to support these individual transitions. 'D@'# is a goal.oriented model which allows change management team to focus their activities on specific results. To effectively manage the people dimension of change, it is necessary to manage five key goals from the basis of the 'D@'# model. (. 'wareness of the need to change. 7. Desire to participate and support the change. *. @nowledge on how to change and what the change looks like.
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I. 'bility to implement the change on a day.to.day basis 6. #einforcement to keep the change in the place. 0ntering the project is easy though it is a long and difficult acronym. 'dding the purpose is also simple as the goals and objectives are part of the conversations that happens on a daily basis with the senior leaders and the project team. Documentation of particulars is little difficult. 8inally, completing the people column is too difficult. $ecause some in the group may not even be able to identify who is going to be impacted. This is an important learning point and we spend a lot of time thinking about it when we are working on the project in an organi ation. 5ne of the biggest challenges faced by the -#M during the implementation of an organi ational change is that of #esistance to change. #esistance to change can arise in many forms. 'ccording to change theory, human systems looks for homeostasis and e2uilibrium. There are two fundamental sources of resistance , 8ear and lack of awareness. Individuals, may resist, however, this is generally limited to th extent of their personal power. The resistance to change basically expressed in two ways. covert resistance and overt resistance. 5vert resistance can be expressed though two types of actions , &assive resistance and 'ctive resistance. There are several factors that causes resistance to change, broadly , ' lack of awareness about the change and !omfort with the way things are and hence a fear of the unknown. There are three types of resistance involved in any resistance to change , "evel(, I Do ?ot 1et It. "evel 7 , I Do ?ot "ike It. "evel * , I Do ?ot "ike Bou. The following is a step.by.+tep procedure which when followed will help to minimise the resistance to change. (. &rovide all the facts about the reason for changing. If risks are involved, acknowledge them but explain. 7. 5bjectively explain the benefits that could result from the change. *. +eek 2uestions or clarifications and answer them.
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I. Invite participation and ask for suggestions because the people involved know the situation best. 6. 'void surprise because this stirs unreasoning opposition more than any other factor. ;. 'cknowledge the rough spots and explain how you plan to smooth the change. ). +et standards and explain your expectations. =. !ontact the informal leaders and use their resources. :. 'cknowledge and reinforces the staffs co.operation and give them feedback on the process. (C. @eep the two way communications open for suggestions and corrections. The 6 key techni2ues that are used to manage resistance to change, 8actual aspect of dealing with resistance to change. 0motional aspect of dealing with resistance to change. &ersonal aspect of dealing with resistance to change. Individual and collective capacity for change. 'cceptance of the limitations of change.
>henever the leaders are planning to manage change, it is necessary to follow few principles by leader. They are, Different people react in different way for the changes. 0veryone has fundamental needs that have to be met. !hange often involves a loss, and people go through the Yloss curveY. 0xpectations need to be managed realistically. 8ears have to be dealt with.
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+elf awareness forms the backbone of emotionally intelligent leader.The four lessons of self knowledge are, $e your own teacher
'ccept responsibility and blame no one Bou can learn anything that you want to learn True understanding comes from reflecting on your own experience
' change agent is a person who acts as a channel for a change. 1enerally a change agent brings change to an organisation. 'ccording to +pence there are four fundamental and crucial
roles of the change agent. They are, 5bserver. Diagnostician. +trategist. +timulator.
Internal !onsultants play an excellent role in making a successful change in organisations across the globe. They support the specific solution development and sometimes support the project management. 5n addition they are an expertise and a key performer in the change management activities that support project implementation. The role of -uman #esource Development in managing change as become fourfold they are the role of scout, the role of chess master, the role of cartographer and the role of architect. In absence of the organi ation design or in case of poor organi ation design, an organi ation can not give effective performance even if the organi ation consists of best mission , people and leadership. Mos to the productivity and performance related issues are traced back to poor organi ation design. Major trends affecting organi ation design are ,. Individuality, choice, Mobility, Identity, Independence, 'nxiety and risk, creativity, 1lobalisation, Information and
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!ommunication Technologies , $i.technologies, +ocio.economic Ine2ualities. Thus to facilitate effective organi ational change, individuals must change. 1ood 2uality and effective communication, management of justice concerns and the development of valid participative processes all participate in achieving effective individual change. +everal issues are considered to evaluate the effectiveness of organisational change and development efforts that include, H ' variety of strategies and change techni2ues, and to assess the effectiveness of change efforts are examined into techni2ues such as structural interventions and human interventions. #esearches should focus on discrete change techni2ues, such as the introduction of management feedback systems that is, we should recognise the specific change activities that work in particular settings. H 'ssessing the complex change in an accurate process, most change researches are observed on a uni2ue basis that uses a cross.sectional design that rely on the conservative information of those concerned in the change. +ometimes employees develop post hoc.explanations of their actions which is a limitation to this approach. The effective change observation shows the change over an extended period of time, starting from the evaluation earlier to the change, assessing the condition during change, and examining the long term and short term effects of the change. In an ideal condition to include control group is easy that is an comparable area of organisation that is not exposed to change, for any variations that appear within an organisation it is easy to find if the change effort is responsible or other factors such as seasonal or economic factors are responsible for the variations caused, but generally it is hard to include a control group since the entire organisation is undergoing change or it is not easy to compare an organisation that is not undergoing the change. Therefore it is important to focus on financial outcomes and consider employee
outcomes such as sadness, anxiety and exhaustion and also consider assessing the effects of change, since in an organisation success is very important when considering the effectiveness of organisational change and development efforts. Thus evaluation of
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change is not a simple process and is critical for a better understanding of works and the managers should carefully plan the evaluation process and consider it as an essential part of the change program. The -.#.Managers are considered as the strategic partners in the organi ation , an employee sponsor as well as a change mentor. In the talent value chain, a special programs needs to be provided to improve the performance of misfits for key process reengineering. The above the literature in short as stated above for performance appreciation, talent management, job.rotation and change management, for second reason for not overcoming or giving reason for resistance to change, shows that it may re2uire to consider the line function, staff function, external and internal aspects alongwith the difference between the recruitment and planned talent ac2uisition by detailed research study. 0ntire Mission is also based on -onesty, integrity and affective commitment by the Mentor to make progress in the mentee. +o also applicable to Mentee to support to the Mentor. During the pilot project , some internal factors affecting to disposal of cases are discussed in the summary at mentoring sessions. In entire project self reference criterion 3+#!4 for judging others was never used. $ut , considering scope of this study, further, Internal and external environment and its dimensions are not discussed.
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MENTOR JUDGE,TO DECREASE OLD PENDENCY AND INCREASE RATE OF DISPOSAL IN CIVIL JUDGE JUNIOR DIVISION AND J.M.F.C.COURTS, AT BHIWANDI First Session
Executive Mentoring First Session( Summary)

1. Program
Design and Planning:
To check daily board/cause list and memorandum of each court to ascertain whether cases tallies with the board. To verify rate of disposal per day & % of the disposal for old pendency of cases.
Program Management:Pre-assessed data to verify with the daily board. Dissect balance sheet of all courts. To verify reasons for an adjournment . To explain objectives of the mission. To provide essential ongoing coaching, to identify opportunities and troubleshoot issues.
Program Operations:-
On dated 6-12-2012 in the mentor sessions was held.
Following observations are drawn from the documents and discussion with the mentee:Pilot courts has taken physical verification of cases by quantitative method only. The non-piloting courts has not taken physical verification of cases so it was not possible to ascertain exact pendency in the courts . In this session it was guided the benefits of qualitative verification of the cases which reflects health of the entire pending cases of the court. The monthly returns and balance sheet figures of cases were verified. For non piloting courts figures for disposal does not tally and in the monthly returns and there was over writing so it could not be ascertain which figure was correct. The cases transferred to other court is shown disposal in the monthly returns. This fact was clear from the daily disposal note book maintained. In the months of September 2012 a large cases found decided and on verification it was cleared that, those cases were decided in the Lok Adalat under the specially constituted courts. The overall effect of pending old cases and time management to decide it by avoiding adjournments were discussed. In Personal interview of judges/ mentee reason for disposal rate pending cases and difficulties in disposing cases in speedy way was discussed. In group discussion , expectation about their goals or any issue or obstacles they to 78 of 115
the entire mission want to overcome was discussed. In this session it was decided :a) To peruse daily 10 cases from the balance sheet and daily board. Verify it and find out the reason for pendency. Take effective legal steps to proceed with the case. b) In case of civil suits, find out the reason for pendency, if the case is pending for return of commissioner report, stayed and take effective steps. c) d) To give direction was given to Assistant Superintendent for feeding of cases in CIS. To give more importance for speedy disposal and decrease in pendency of old cases.
Program Evaluation:-
Each of the selected courts has a distinctly different
experience with the project program. For this reason, each court is examined separately in order to consider the extenuating factors that varied from court to court.
For Criminal Cases:The most of cases in the non piloting courts were found kept in cub board . The most of cases were adjourned as per previous Roznama. The Reasons for adjournment in criminal cases were found :1. For passing order for Summons /warrant.
2. For preparation of summons/warrant 3. For return of Summons/warrant report 4. For reissuing Summons/warrant 5. For return of Reissued summons/warrant report 6. APP not ready 7. APP not available 8. Police Witness not available 9. Police witness not ready 10. Other witnesses not available 11. other witness not ready 12. C.A.report is not received 13. Defence counsel is not ready 79 of 115
14. Defence counsel is not available 15. Defence witness not available 16. Defence witness not ready 17. Accused not present 18. Under-trial accused not produced 19. Both accused and defence counsel absent 20. Both witness absent 21. Magistrate is on leave 22. court busy in another matter 23. Adjourned ( not reached continued previous stage) 24. Record misplaced/ some important document misplaced 25. Incorrect rozanama / roznama not written 26. material document sent to copying section 27. Record send to appellate court 28. case is wrongly typed in cause list 29. Case taken on board to file some application, which was surprise to other side on next date. Summary Delay in decreasing pendency found due to following reasons : 1. Charge /particulars in case of summons triable case not framed early. 2. Non effective case management and time scheduling. System was not to call all cases, the persons or counsels present in court hall, to attain them. In the daily board the part heard cases are kept after the hearing of other cases. 3. Non taking steps against absconded accused . 4. Non monitoring for actual sending summons /warrant (kamgiri)against accused, its receipt of service report or for further steps. 5. Reasons of awaiting of summons/warrant report. 80 of 115
Effective mentoring session was conducted for criminal cases as guidance :Following provisions of law and its effect over reducing the unattained cases were discussed. 1. Non-appearance of Complainant :When a summons is issued upon a complaint and the offence is compoundable or is not a cognizable offence, if the complainant fails to appear on the day of hearing or any subsequent day following an adjournment, the Magistrate may discharge the accused (Section 249 of criminal procedure code). 2. 3. To verify as to why criminal complaint case is pending for taking steps by complainant . Acquittal at Any Stage :- At any stage of trial, if the Magistrate thinks that there is no case for the accused to answer, the charge is groundless or there is no probability of the accused being convicted of any offence, then the Magistrate may, after hearing both the sides and recording his reasons, acquit the accused. 4. Absconding Accused:- If the accused is absconding, evidence may be taken by way of deposition from witnesses and used in evidence in the case subsequently when the absconder is arrested and the witness is not available for any good reason (Section 299 of criminal procedure code). 5. Effective use of section 256, 258 of Criminal Procedure Code for decreasing pendency. Section 299 of Criminal Procedure code for keeping cases in Dormant File , to concentrate over other pending cases after issuing proclamation warrant against absconded accuse. But it will not decrease pendency so in that case issue summons to victim, witness to ascertain the actual address of the accused to proceed with the case. 6. Arrangement of effective Cause List:- Need to make distinction of cases as Simple, medium , complex cases, time bound cases, senior citizens cases, old cases etc. If all are put on one basket as per its years then it may waste time for calling cases. The over listing consumes maximum time of court and can not reach to maximum matters.
Mentoring sessions for ADR system for Settlement of Disputes :- As per Section 89 of the Civil Procedure Code. Some of efforts are necessary. The discussion carried out for the purpose of Maha Lokadalat which would be held on 3rd March,2013, to identify cases as :a) In bank Recovery cases/ other money recovery cases, encourage both parties for giving concession in interest, installments. 81 of 115
b)
In suit for Injunction Simplicity against Municipal Corporation/Grampnchayat and other local authorities or State Government where procedure is provided to follow due process of law . Guidance given for keeping criminal matters in lokadalat:- compoundable offences , if necessary to take prior permission of court in advance and then keep matter before lokadalat as per Criminal Procedure code, cases under section 138 of Negotiable Instrument Act, Matrimonial cases ( except divorce petition), Domestic Violence Act cases. Following aspects for mediation were discussed:-
CASES TO BE REFERRED FOR MEDIATION All civil cases, comprising actions for injunction, declarations, damages, partition, specific performance, money, rent family dispute and dispute related to the intellectual property rights or dishonour of cheques under section 138 of Negotiable Instrument Act except those cases where there are serious allegations of fraud etc. Suitable criminal cases under section 406/498-A of Indian Penal Code and cases which are compoundable under law could also be referred to mediation. HOW TO GET REFERRAL FOR MEDIATION ? Section 80 of Civil Procedure Code enunciates that, if there is any chance of settlement of the dispute amicably in matter, the Presiding Officer may refer the matter for alternate dispute resolution. Referral to Mediation is proper even when neither party has agreed to settle , but they are honestly willing to explore the possibilities of settlement. Through Mediation and if the Presiding Officer finds appropriate to do so, the matter would be referred for mediation to the Mediation Centre. Actual Out Come of First Session :-The outcome of above monitoring and guidance for criminal case management plan found beneficial to speedy justice but at the initial stage it was slow , this might be due to lack of time with Mentee to concentrate over such area . Progress report for the sessions and review sessions were taken from Mentees. (Statistical data is given in Table)
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MENTOR JUDGE,TO DECREASE OLD PENDENCY AND INCREASE RATE OF DISPOSAL IN CIVIL JUDGE JUNIOR DIVISION AND J.M.F.C.COURTS, AT BHIWANDI Second Session
Executive Mentoring Second Session (Summary )
Program Design and Planning:From the progress report filed by the mentees the following points were drawn to discuss in this sessions with respect to civil cases. From the first sessions result, it is necessary to give exact target for verifying cases in qualitative manner. Program Management:- This session to continue with excellent communication to give target to the mentee/judges. Program Operations:- Considering the actual result for disposal from first mentoring session, it was decided that, there is need to adopt more flexibility to run the scheme smoothly in the existing environment . The areas of applying legal provisions to dispose off the cases were flexible and mentee were already at liberty to apply legal provisions as per stage of each case. For clear understanding the purpose of program is explained with hope to get more active participation . The suggestions were considered to make well the program. Their ideas for improving the program were considered . On dated 3rd January2013 in individual meeting and group meeting, it was discussed for active participation to achieve goal and apply legal provisions for old cases. For implementing the target, oral feed back from clerks were taken. For achieving object what efforts are been taken also discussed . Following target to verify and take effective steps for civil suits were given to judges/Mentee.
Name of P.O. Civil Judge.J.D. & J.M.F.C 2nd Jt.C.J.J.D. & J.M.F.C 3rd Jt.CJJD & J.M.F.C 5th Jt. C.J.J.D. & J.M.F.C 6th Jt.CJJD & J.M.F.C
Period of Civil suits Target No target No target RCS 1982 to 1994, RCS 2003, RCS 1977 to 1990 Civil suits 1996 to 2006 RCS 1967 to 2002
Total Civil Suits Target
98 9 23
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Observation from pending cases and decided matters are as :- The cases were identified at random. Civil Cases were adjourned for the following reasons :1. Summons not issued (not kamgiri carried out) 2. Summons report not received 3. Re-issue summons or substituted summons service 4. Plaintiff is not present 5. Plaintiff's counsel is not present
6. Plaintiff's counsel is not ready 7. plaintiff's witness is not present 8. plaintiff's witness is not ready 9. Defendant is not present 10. Defendant's counsel is not present 11. Defendant's counsel is not ready 12. Defendant's witness is not present 13. Defendant's witness is not ready 14. Commissioner report not received 15. Stayed (without verifying actual stay in force) 16. Judge is on leave 17. court busy in another matter 18. Adjourned ( not reached continued previous stage) 19. Record misplaced/ some important document misplaced 20. Incorrect rozanama / roznama not written 21. material document sent to copying section 22. Record send to appellate court 23. case is wrongly typed in cause list/daily board 24. Case taken on board to file some application which was surprise to other side on next date.
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From the above Observations for civil suit , It was discussed that, the mentee/judge to concentrate over the following points : At Administrative office, when suit comes for registration then it is verified properly. Material three points are to be verified seriously than other points are : Territorial Jurisdiction, Pecuniary Jurisdiction, suit valuation and payment of court fees stamp. By Judge :- While passing first order for sending summons to the defendants, it is necessary :To check the proper verification of suit by Nazar and also go through the provisions of Return of Plaint. In fact, The Court can return the plaint at any stage of the suit if it is instituted in the wrong Court. On its return, the plaint may be presented to the correct Court. The Judge returning the plaint shall endorse thereon the date of its presentation and the return, the name of the party presenting it and a brief statement of the reason for doing so (Order VII Rule 10).This Rule applies only when the Court has no jurisdiction to try the suit. If a special statutory tribunal has exclusive jurisdiction in the matter, the Court can dismiss the suit, as this rule will have no application. Where at any stage of the suit, the Court finds that it has no jurisdiction, either territorial or pecuniary, or with regard to the nature of the suit, the Court is bound to return the plaint to be presented to the proper Court. But where the Court has no pecuniary or territorial jurisdiction and without returning the plaint, it passes a decree, no objection to the validity of the decree will be allowed except under the circumstances mentioned in Section 21 of the CPC. If at the time of first order the above aspects are not verified then , taking objection by defendant , the objection has to be decided and in case the objection sustained then the time till decision of the objection is noting but to delay the case. The Court is under a duty, to examine the plaint and it shall reject the plaint if: 1. It does not disclose a cause of action (Order VII Rule 11(a)). 2. Where the relief claimed is under-valued and not corrected after the Court has directed revaluation (Order VII Rule 11(b)). 3. The plaintiff has failed to furnish the Court with sufficient stamp paper within the time allowed (Order VII Rule 11(e)). 4. The suit appears barred by law (Order VII Rule 11(d)). 5. When the suit is not filed in duplicate (Order VII Rule 11(e)).
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Faster service of process preparation (kamgiri ) and its service is important stage. A continuous monitoring is necessary over the receipt of summons service report and steps taken by the parties to proceed with the suit. Cause list should be as far as possible :- Argument, Part heard Evidence, Evidence cases, Interlocutory hearing, etc. More concentration is necessary over cases pending for steps,compliance, Issues, awaiting of summons, payment of process fees, return of commissioner report, stayed matter as they are pending without notice of delay. Issues to be framed as early . Most of cases are pending for prolong period for framing Issues only. Delay in Recording of Evidence:-As a matter of practice, a Court may not grant an adjournment to any party beyond the provisions of Civil Procedure code. It is also necessary to watch , if bhatta is imposed then whether party has deposited bhatta. The party has paid process within time and case should not be pending for more period for this reason. If the witness summons is not served then to see whether party who called has taken effective steps. Check why case is pending merely for compliance by the parties/ or steps to be taken by the parties. Adopted method of Written note of argument as per Civil Procedure Code. Many cases are filed on similar points and one judgment can decide a large number of cases. Such cases has to be clubbed . Grant of adjournments should be as per the provisions of Order 17 of the Civil Procedure Code; For criminal cases some more discussion continued :It was decided to verify by the Mentee/ Magistrate : 1. To disposed off compoundable offenses cases, cases filed under Motor Vehicles Act on priority basis. 2. Check stayed cases status :-If from High court then go through website to check it's present position. If from District court then use district court website or send email by intranet to make position of stayed matter. 3. To visit jail for disposal of petty cases involving under trial prisoners. 86 of 115
4.
Verification of records by qualitative and quantitative method. It is a prime moto of this pilot project. Some important points are to be necessary to check the decrease pendency, are as :(a) Check charge sheet to see the facts charged do constitute an offense or any lower offence which is compoundable and triable by summary trial; (b) Check whether the court has jurisdiction over the offense charged; or over the person of accused. (c) Check that , whether the person who lodged report has authority to lodge it. (d) Check whether the accused is juvenile. (g) Check about double jeopardy.
The some decided cases were verified as: CIVIL SUITS No.of civil suit disposed off 3 00 Designation Civil J.J.D & J.M.F.C. 2nd Jt.C.J.J.D.& J.M.F.C. 3rd Jt.C.J.J.D& J.M.F.C.(was on training and vacation) 5th Jt.C.J.J.D.& J.M.F.C. 6th Jt.J.J.D.& J.M.F.C.(was on training and vacation) Total
65
72
Target for criminal cases was given as :- It was discussed to verify records in details to take effective steps from the Procedure Code and Civil Manual provided by the High Court. Following target to verify and take effective steps for criminal cases were given to judges.
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Name of P.O.
Period of Criminal cases Target
Total Criminal Cases Target
Civil Judge.J.D.& J.M.F.C Jt.C.J.J.D.& J.M.F.C
No target
RCC 1972 to 1985 , Other RCC 1975 to 1999, Electricity Act 1994 to 2001, Food Act 1981 to 2009, E.C.Act 2000 to 2007, application 125 cr.p. From 2003 to 2009, other summary 1980 to 2005, IPC summary 1988 to 2003, Prohibition cases since 1998 to 2010, N.I Act 1997 to 2001, OMA 1994 to 2007 RCC 1974 to 1990, Other IPC RCC 1979 to 2000,
466
209
2nd Jt.C.J.J.D.
Sum IPC 1997 to 2005, other summary 1995 to 2008, NI Act 2000 to 2006, Application u/s 125 cr.p.c 2004 to 2007, DV Act 2009, OMA 2003 to 2009, Prohibition 2009 to 2012
3rd Jt.CJJD& J.M.F.C 4th Jt.C.J.J.D.& J.M.F.C
At random old cases RCC 1976 to 1986, Sum IPC 1982 to 2002, other sum 1999 to 2008, NI act 2001 to 2004, MA 2004 to 2008, OMA 2000 to 2010, DV act 2009 to 2010, Prohibition 2012, Muncipal Appeal 2002
87 210
5th Jt. C.J.J.D.& J.M.F.C
RCC 1985 to 1995, sum IPC 1987 to 2005, other sum 1988 to 2005, MA 2005 to 2008, NI act 2000 to 2004, OMA 1995 to 2005, Prohibition 2002 to 2011
159
6th Jt.CJJD& J.M.F.C RCC 1975 to 1983, Sum IPC 1979 to 2000, Other sum. 1989 to 2004, NI act 2003 to 2006, Prohibition 1990 to 2011 , MA 2003 to 2008, OMA 1997 to 2009
288
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Observations for response to the given target: CRIMINAL CASES Designation Civil J.J.D & J.M.F.C Jt.C.J.J.D.& J.M.F.C 2nd Jt.C.J.J.D.& J.M.F.C 3rd Jt.C.J.J.D& J.M.F.C 4th Jt.C.J.J.D.& J.M.F.C 5th Jt.C.J.J.D.& J.M.F.C Juvenile court 6th Jt.J.J.D.& J.M.F.C Total 223 62 41 266 NIL 121 NBW issued 00 157 173 1 153 155 Proclamation issued 00 200 NIL NIL 25 NIL Kept in Dormant file 00 116 NIL NIL 4 1 Disposed off 00 16 5 NIL 69 172 170 8 440
Target achieved by Mentee :Name of Presiding Officer Civil J.J.D& J.M.F.C. Jt.C.J.J.D.&J.M.F.C. 2 Jt.C.J.J.D.& J.M.F.C. 3rd Jt.C.J.J.D (civil Suits) & J.M.F.C.
nd
Period of Cases Target was not given----1792 to 2009 1974 to 2012 1982 to 2003
Target Given ---466 209 98 210 159 ---288
Decided matter --------132 5 65 73 173 ----8
% of Target achieved -----28.32% 2.39% 66.32% 34.76% More than 100% ( 108.8%) ---2.70%
4th Jt.C.J.J.D.& J.M.F.C. 1976 to 2012 5th Jt.C.J.J.D.& J.M.F.C. 1985 to 2012 Juvenile court 6th Joint CJJD& J.M.F.C. Target was not given 1975 to 2011
Verification of Decided cases :- The cause list from 6th Joint civil Judge J.D. and J.M.F.C. For criminal cases for dated 9-1-2013 was checked. Cases at serial number 20 to 22 and sr. No. 23 to 89 of 115
24 were adjourned in group dates. The case S-1965 of 2007 was dismissed in default on dated 91-2013. IPC summary 3177of 2004 , in said complaint case, since 27-10-2010 both parties and counsels were absent. For Dates since 28-9-2001 to 2-1-2003 Rozanama was not written. On dated 2-1-2013 the effective order for passing dismissal order was passed. The case was dismissed on dated 9-1-2013. In this sessions and from the verification of disposed of matters, it was noticed that, the Principal CJJD and JMFC & 2nd Joint CJJD and JMFC are not serious with the target or overall disposing of cases apart from the project target. They were not found responding to the mentoring sessions.
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Third Session
Executive Mentoring Third Session (Summary)

1. Program Design and Planning:- In this session effect of mentoring over the non piloting area was to be observed . On dated 12-2-2013. session was fixed . It was also discussed individually and collectively to focus on the legal aspects effectively. Some important points for civil cases were discussed as :a) Some of the civil suits might be pending where both the Plaintiff and Defendant are dead and gone. If both sides are absent since long then under order IX of Civil Procedure Code effective order can be passed. b) Absence of Parties :-If the plaintiff or defendant fails to appear before the Court without any intimation, the Court may pass appropriate orders under Order IX Rule 6 and under Order IX Rule 8 of CPC against the absenting party. c) Absence of Plaintiff :-If the plaintiff is absent on a date fixed by the Court for proceeding but the defendant attends, the suit shall be dismissed. However, if the defendant admits the claim or part of the claim, the Court may pass a decree in respect (Order IX Rule 8). d) Absence of the Defendant :-If the plaintiff appears and the defendant doesnt, as long as there is proof of service of summons within the time limit, the Court may proceed to hear the case ex parte. If the summons was served, but there was insufficient time for of the sum admitted
appearance, the Court shall fix a new date enabling the defendant to be informed of the new date. If the summons has not been served a second summons shall be issued and served on the defendant. Where the summons was not served owing to some default on the part of the plaintiff, the Court shall order him to pay the costs occasioned by the postponement (Order IX Rule 6(2)).Where the case is postponed and the defendant subsequently appears at or before the adjourned hearing, and gives a good cause for his previous non appearance, the Court may allow him to be heard upon such terms as to costs as the Court thinks fit (Order IX Rule 7) by setting aside the order proceeding ex parte. The application for setting aside an ex parte order can be made only at or before the adjourned date of hearing otherwise no limitation is provided for setting aside ex parte proceedings in the Limitation Act. However, if good cause is not shown, the defendant can join and participate in the proceedings at a later stage and is entitled to lead evidence and cross examine the witness. 91 of 115
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e) It case is pending as Stayed by higher court:- For High court stay it can be
ascertain from
High Court website . For district court also possible from website and another mode to send email by intranet to district court to get information of stayed position of the case. If the case is stayed merely on the pursis filed by parties has to be verify more carefully. f) If cases are pending for Return of Commissioner report then verify it. Take for the same. effective steps
Following points for effective management were discussed :Case Management :a) Number of cases that are listed should be restricted. Thus, the cause list should be such as is enough to keep the Presiding Officer busy during working hours and enables him to give personal attention to each and every case. b) To Classify cases eg. Simple, Complex. For Civil cases the category for Regular Civil Suits found. By qualitative verification a complicated case and its time schedule in a day is possible. C ) Miscellaneous work like Process fees, preparation and sending summons/warrants ,Service of summons,Warrant should be regularly and closely monitored. Time management in Line function:a) At the time of Registration of Civil suit ,it is necessary to check the pecuniary jurisdiction, territorial jurisdiction and suit valuation with proper court fees. It decreases the valuable time of court when such objections comes at the time of hearing of the suit. b) The time to prepare summons /warrants and to serve it and also to attach such report with the concern case saves time for awaiting of summons /warrant service stages has to be decrease by effective user friendly desk top program in computer. c) The case law for civil suits , was discussed , in case of Ramrameshwari Devi and ors --vrs-- Nrmala Devi and others , decided on 4th July ,2011 reported in MANU/SC/
0714/2011Equivalent (2011) 8 SCC by Hon'ble Supreme court ,Where main question which arises for our consideration is whether the prevailing delay in civil litigation can be curbed? ( it is a case law for civil case management plan)
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Third Session
The main question which arises for our consideration is whether the prevailing delay in civil litigation can be curbed ? In our consideration opinion the existing system can be drastically changed or improved if the following steps are taken by the trial courts while dealing with the civil trials. A. Pleadings are foundation of the claims of parties. Civil litigation is largely based on documents. It is bounden duty and obligation of the trial judge to carefully scrutinize , check and verify the pleadings and the documents filed by the parties. This must be dome immediately after civil suits are filed. B. The courts should resort to discover and production of documents and interrogatories at the earliest according to the object of the Act. If this exercise is carefully carried out, it would focus the controversies involved in the case and help the court in arriving at truth of the matter and doing substantial justice. C. Imposition of actual , realistic or proper costs and or ordering prosecution would to a long way in controlling the tendency of introducing false pleadings and forged and fabricated documents by the litigants. Imposition of heavy costs would also control unnecessary adjournments by the parties. In appropriate cases the courts may consider ordering prosecution otherwise it may not be possible to maintain purity and sanctity of judicial proceedings. D. The court must adopt realistic and pragmatic approach in granting mesne profits. The court must carefully keep in view the ground realities while granting mesne profits. E. The court should be extremely careful and cautious in granting ex-parte ad interim injunctions or stay orders. Ordinarily short notice should be issued to the defendants or respondents and only after hearing concerned parties appropriate orders should be passed. F. Litigants who obtained ex-parte ad interim injunction on the strength of false pleadings and forged documents should be adequately punished. No one should be allowed to abuse the process of the court. G. The principle of restitution be fully applied in a pragmatic manner in order to do real and substantial justice. H. Every case emanates from a human or a commercial problem and the court must make serious endeavour to resolve the problem within the framework of law and in accordance with the well settled principles of law and justice. 93 of 115
Third Session
I. If in a given case, ex-parte injunction is granted, then the said application for grant of injunction should be disposed of on merits , after hearing both sides as expeditiously as may be possible on a priority basis and undue adjournments should be avoided. J. At the time of filing of the plaint, the trial court should prepare a complete schedule and fix dates for all the stage of suit, right from filing of the written statement till pronouncement of judgment and the courts should strictly adhere to the said dates and the said time table as far as possible . If any interlocutory application is filed then the same be disposed of in between the said dates of hearing fixed in the said suit itself so that the date fixed for the main suit may not be disturbed. 53. According to us, these aforementioned steps may help the courts to drastically improve the existing system of administration of civil litigation in our courts. No doubt, it would take some time for the courts, litigants and advocates to follow the aforesaid steps, but once it is observed across the country , then prevailing system of adjudication of civil courts is bound to improve Verification of Daily board:- A daily board/cause list from 4th Joint Civil Judge & JMFC for date 11th February 2013 verified. Near about 79 cases were fixed on board. Within Six hours , the time to each case dealing comes 4.5 minutes. Daily Board for 18th February 2013 where 92 cases were fixed. Daily Board for dated 25th February 2013 where 109 cases were fixed. Verification of cases :From the 2nd Joint Civil Judge J.D. and J.M.F.C , cause list for dated 7-2-2013, 8-22013, 11-2-2013 and 12-2-2013 were checked. Most of the matters were not reached to call. In RCC 480/97,RCC 377/03, OR 717/2003, RCC 336/03,RCC 131/2003,RCC206/94 where since long Kamgiri was not found nor found previous most of summons/warrant reports. RCC 421/2000 where since 6-5-2011 summons to witness was not sent. SCC 3839/2001 which is complaint case where since 25-7-2006 both sides are absent but effective order as per criminal procedure code not found. It was shown to Mentee/Judge then he kept it on 18-2-2013 for dismissal order. This is resistance to the change in system . From the Principal Civil Judge J.D. and J.M.F.C. Court, the only one pending case RCC 1473 was called for verification. Charge sheet was filed on dated 9-6-2004. The summons/warrant against the accused was passed on 15-6-2005. Charge framed on dated 7-112005. Witness examined upto12-1-2009 and since then it is pending for sending summons to 94 of 115
Third Session
witness. Since 2009 no progress found and after this mission program also no effective order found. This is nothing but resistance to the change. Civil Suit RCS 243 of 1984 from 3rd Joint Civil Judge J.D. was verified. It was pending for Kamgiri till 5-5-1984. On dated 29-10-1985 , one of the defendant appeared and he filed written statement dated 22-12-1986. Some other defendants are served and proceeded e-xpartee against them. The plaintiff failed to take steps against rest of defendants . The matter was fixed for dismissal order of case. In the personal interview , the Order IX of CPC and its rules were discussed with the Mentee to frame Issues prior to dismissal of entire suit. Again group discussion was called :- While verifying the criminal warrant and summons service it reveals that, in most of cases report were not found. The presiding officer already passed orders as per law. On dated 18-2-2013 this fact was discussed with all the
mentee/judges. Considering the ambiguity , it was decided to call meeting from the Police Authorities. Hence it was decided to call meeting on dated 20-02-2013 after office time. Meetings with mentee and Police machinery :- on dated 20-2-2013 at time 5:50 P.M , in the meeting issue for non receipt of summons /warrant report was discussed. The Police Inspector for Narpoli Police Station, Bhiwandi Area , disclosed that, he used to send summons/warrant service report but he could not ascertain actually delivering it at the court. In the Bhiwandi, it was found that, there was no system to give acknowledgement receipt on the Tapal Book of the court Watcher for the receipt of reports. Therefore it was decided to give directions to the concern Dispatch Section to give such acknowledgment over the Tapal Book.
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MENTOR JUDGE,TO DECREASE OLD PENDENCY AND INCREASE RATE OF DISPOSAL IN CIVIL JUDGE JUNIOR DIVISION AND J.M.F.C.COURTS, AT BHIWANDI Table-1
Table-1
Work Force(staff) as on Dated 30th November 2012 at Bhiwandi . There are Two Establishments in the Court at Bhivandi.
Number of Courts Establishment-I- Principal Civil Judge Jr.Dn. & JMFC to whom Courts of 2nd Joint Civil Judge Jr.Dn. & JMFC to 6th Joint Civil Judge Jr.Dn. & JMFC are attached including Juvenile Court Bhivandi. Establishment -II Joint Civil Judge Jr.Dn and JMFC 15 14 2 (one stenographer) 50 45 5 No of post (Force) sanctioned Actual working Force Less Force(staff)
Job Description of Line Function and Staff Function at Establishment -I- Principal Civil Judge Jr.Dn. & JMFC Line Function (actually working before court) One - Senior Clerk-Bench Clerk One- Jr.ClerkAsst.Bench Clerk One- Senior Clerk for (for Execution of Decree and Legal Aid) at Principal Civil Judge Jr.Dn and JMFC and two Jr. Clerks at each court, One Jr.Clerk at Juvenile Court Staff Function -One Property Clerk -One Accountant clerk -One Copying Clerk -One Record keeper clerk. -One Summons Service (civil) Balief - Five Bailiff -Three Stenographer LG -One clerk Stenographer 96 of 115 -One Pay bill Clerk -One Dispatch clerk -Two Jr.Clerks Assist in Administration Two AssistantSuperintendent - One Jr.clerk to assist to Assit.Supdt. Peon 14 Administrative Staff Supervisory Staff/Lower Management Class IV
Job Description of Line Function and Staff Function at Establishment -II-Joint Civil Judge Jr.Dn. & JMFC Line Function (actually working before court) Staff Function -One Copying Clerk One - Senior Clerk-Bench Clerk One- Jr.ClerkAsst.Bench Clerk -One Remand Clerk -One Property Clerk -One Dispatch clerk -One Accountant clerk -One Senior clerk One AssistantSuperintendent Peon 02 Administrative Staff Supervisory Staff/Lower Management Class IV
-One Moster Clerk for Inspection Note -One Stenographer LG. compliance
Division of Line Function and Staff Function:Court Principal Civil Judge Jr.Dn.and JMFC Joint Civil Judge Jr.Dn.and JMFC 2nd Joint Civil Judge Jr.Dn.and JMFC 3rd Joint Civil Judge Jr.Dn.and JMFC 4th Joint Civil Judge Jr.Dn.and JMFC 5th Joint Civil Judge Jr.Dn.and JMFC 6th Joint Civil Judge Jr.Dn.and JMFC Junvenile Court Total Line Function ( actually working in court Hall) 3 2 2 2 2 2 2 1
Duty List of Bench clerk and Assistant Bench Clerk (Major Job Description for civil and criminal Cases) :-To Prepare Daily Board, Put up cases before judge,Write Memorandum, Record deposition of witness in Marathi Language, To prepare Returns to District Court, Prepare balance sheet, Comply writs, send record to copying section, Remand work ( in case of Criminal Cases)Maintain registers as per Manual. 97 of 115
Table-2MENTOR JUDGE,TO DECREASE OLD PENDENCY AND INCREASE RATE OF DISPOSAL IN CIVIL JUDGE JUNIOR DIVISION AND J.M.F.C.COURTS, AT BHIWANDI
Table-2
September12 O.B. 3328 27 3420 50 80 00 00 02 22 78 00 00 02 18 00 00 00 08 50 00 00 00 09 50 00 48 21.5 3422 55 00 35 18 3422 50 76 00 00 00 21 27 00 00 00 18 27 69 00 32 21.5 3365 76 00 26 16 3415 73 00 53 00 00 Institution Transfer Disposal E.W. D O.B. Institution Transfer Disposal E.W.D O.B. October 2012 November 12 Instituti Transf on er 00 00 00 00 00 Disposal 18 01 18 01 01
Previous data from September 12 to November 12 (CIVIL CASES)
Name of court
E.W. D
Principal C.J.J.D. &J.M.F.C.
19
2 Jt.C.J.J.D. & J.M.F.C.
nd
19
rd
20
th
10.5
th
11
Previous data from September 12 to November 12 (CRIMINAL CASES)

September12 O.B. 01 5339 4011
10 03
Name of court Institution Transfer Disposal E.W.D 00 542 31 00 00 21.5 80 00 00 21 3819 98 00

29 * - 850 Sp.court
October 2012 O.B. 01 4978 135 00 00 00 00 00 Institution Transfer Disposal E.W.D 00 54 *-35NC 28 02 16 18 18 18 O.B. 01 5024 3938 78
November 12 Institution Transfer Disposal 00 88 105 00 00 00 00 00 00 16 *-44NC 25 02
E.W.D 00 21 00 21.5
19
Jt.C.J.J.D. & J.M.F.C.
15.5
2nd Jt.C.J.J.D. & J.M.F.C.
19
rd
20
83 *328mi ssing 2889 25 +60

17 *-127 sp.court
4th Jt.C.J.J.D. & J.M.F.C. 22
15
2830
72
00
25
18
2877
84
+1000
54
5th Jt.C.J.J.D. & J.M.F.C. 4295 292 00

80 *331 Sp.court 15 *92 sp.court 100 *278 sp.court
10.5
4176
104
00
80
4200
137
-1000
83
6th Jt.C.J.J.D. & J.M.F.C. 3619 73 00
11
22
3585
16
16
32
18
3630
66
00
11
Juvenile court 2799 66 00
8.5
2487
44
00
62
8.5
2469
57
00
151
98 of 115
Table-3
Data from December 12 to February 13 (CIVIL CASES)
January 13 O.B.
E.W.D
December 12 O.B. 3470 NIL 26 3477 NIL 49 75 NIL NIL NIL NIL NIL NIL NIL NIL 00 00 02 22 74 00 00 00 00 03 10.5 46 00 00 09 04 NIL NIL NIL NIL NIL NIL NIL NIL NIL 52 00 26 23 3503 74 00 82 19 NIL 08 18 NIL 00 00 00 23 26 00 00 00 21 NIL NIL NIL NIL NIL NIL NIL NIL NIL 70 01 26 22.5 3515 87 00 30 18 3602 NIL 26 3495 NIL 37 72 NIL
Institutio E.W. Transfer Disposal D n Institution Transfer Disposal
February13 O.B.
Dis Institut Transfe pos ion r al
Name of court
E.W. D
21
45 NIL 01 66 NIL 00 00 NIL
01 NIL 00 00 NIL 00 00 NIL
14 NIL 00 92 NIL 01 00 NIL
NIL
nd
17
rd
18
th
NIL
5th Jt.C.J.J.D. & J.M.F.C.
9.5
th
11
Juvenile court
NIL
99 of 115
Table-3
Data from December 12 to February 13 (CRIMINAL CASES)
December 12 O.B. Institution 01 5052 4018 76 3907 3254 3677 2375 83 00 110 7 2348 75 73 00 23 22 3727 55 11 00 88 00 73 10.5 3269 750 00 65 00 71 21 3901 179 00 81 290 103 172 00 00 03 23 73 00 00 00 79 00 45 23 4052 67 00 25 21 19 20.5 8 18 06 119 00 53 *36NC 20 5213 86 00 17 65 *13NC 00 00 00 22.5 01 00 00 00 18 1 5342 4094 73 3999 3729 3695 2251 Transfe E.W. Disposal D r O.B.
Institution Transfer Disposal E.W.D
January 13 O.B.
February13
Instituti Transf Dispo on sal er
Name of court
E.W. D
21
00 136 30 00 152 136 38 77
00 00 00 00 00 00 00 00
00 50 *199 DF 12 00 89 36 49 133
21
2nd Jt.C.J.J.D. & J.M.F.C.
17
rd
18
th
23
5th Jt.C.J.J.D. & J.M.F.C.
9.5
th
11
Juvenile court
7.5
100 of 115
Table-4
Table-4
3rd Joint Civil Judge J.D. and J.M.F.C (civil ) Pilot Court More than 2 yrs & upto 5 years O.B B. O. . J. W. 538 00 533 2 5 5 More than 5 yrs & upto 10 years More than 10 years % B.J 00 0.375 00 0.125 523 1 2.844 3.167 0.438 -0.251 2.148 0.631 517 2 465 2 5 0.191 50 0.386 0.335 0.21
Upto 2 years
Month 1.042 0.382 0.123 0.515 0.481 0.703 0.565 0.583 0.068 0.001 -0.099 0.040 0.770 818 1 10 0.122 1.223 444 2 14 820 00 2 00 0.243 459 2 13 0.435 0.450 827 00 7 00 0.846 463 2 2 0.431 0.039 0.869 0.689 1.517 0.433 831 00 4 00 0.481 467 3 1 0.642 0.215 835 00 4 00 0.479 485 3 15 0.618 3.112 850 1 14 0.117 1.648 495 4 6 0.808 1.226
O.B.
B.J. O.W. % B.J % o.w O.B. B.J. O.W. % B.J % o.w. O.B. B.J. O.W. % B.J % o.w.
% o.w. 0.929 0.941 0.570 0.813 0.957 9.708
Sep.12 00
1537
02
16
0.130
oct12
1569
00
Nov.12
1618
0.309
526 00 03
Average
0.146
Dec.12
1664
01
08
0.060
Jan.13
1707
12
0.058
Feb.13
1768
10
0.056
52 0.430 11.231 7.298 6.485
Average
0.058
Differnce
-0.088
101 of 115
Table-4
Table-4
5th Joint Civil Judge J.D. and J.M.F.C (civil ) Pilot Court More than 5 yrs & upto 10 years 24 24 24 00 24 21 16 1.388 1.388 10.83 10.83 00 00 00 00 7 00 5 00 23.80 7 00 00 1 2 4.166 8.695 7 00 00 00 00 1 00 00 00 00 8 1 00 00 00 00 00 8 00 00 00 12.5 4.166 00 00 00 00 -4.166 00 00 00 00 8 00 00 00 00 00 00 00 00 00 14.28 4.76 4.76 More than 10 years
Month 00 00 00 00 00 00 00 00 00 7.40 7.40 00 00 00 4 00 22.22 00 00 00 00 00 00 00 00 00 00 00 00 00
More than 2 yrs & upto 5 years
O.B. B.J. O.W. % B.J % o.w O.B. B.J. O.W. % B.J % o.w. O.B. B.J. O.W. % B.J % o.w.
Sep.12
18
oct12
18
Nov.12
18
Average
Dec.12
18
Jan.13
18
Feb.13
14
Average
Differnce
102 of 115
Table-5
3rd Joint Civil Judge J.D. and J.M.F.C (CRIMINAL ) Pilot Court More than 2 yrs & upto 5 years B.J. O.W. % B.J % o.w. O.B. B.J. O.W. 00 2 1 3 00 00 0 00 00 0 00 0 0 28 00 00 00 0 0 28 00 00 0 0 00 0 00 0 0 19 00 00 0 0 0 0 00 0 0 2.17 0 20 01 00 5 0 3 3 4 04 0 4.16 0 20 0 00 0 0 3 00 00 00 00 00 00 0 0 21 1 00 4.7 6 0 3 00 00 00 00 00 00 00 % % O.B O.W % B.J. B.J o.w. . . B.J 0 0 0 0 45 39 39 0 0 0 00 More than 5 yrs & upto 10 years More than 10 years
Upto 2 years
Month
O.B. B.J. O.W. % B.J % o.w O.B. 0 0 0 0 0 0 0 00 0 46 48 48
% o.w. 0 0 0 0 0 0 0 00
Sep.12
11
00
18.18
oct12
00
00
Nov.12
00
00
Average
Dec.12
00
00
Jan.13
00
00
Feb.13
00
00
Average
00
Differnce
103 of 115
Table-5
4th Joint Civil Judge J.D. and J.M.F.C (CRIMINAL ) Pilot Court More than 2 yrs & upto 5 years B. O. J. W. 2 2 1046 1 1270 1 3.365 0.224 0.221 -0.322 2.494 2.765 2.00 1263 2 1239 1 4 7 19 12 More than 5 yrs & upto 10 years
Upto 2 years
More than 10 years % B.J 0.096 0.095 0.095 0.095 0.078 0.158 0.080 0.105 0.01 % o.w. 0.192 0.191 0.382 0.255 0.551 1.506 0.969 1.00 0.618
Month 1.587 1.103 2.819 1.836 2.202 1.354 1.997 1.851 0.015 0.005 0.753 0.405 1.790 888 2 25 0.225 2.821 890 8 22 901 4 14 0.443 1.560 922 1 31 0.018 914 5 9 0.547 0.990 948 4 23 0.421 0.400 1.0376 0.543 638 2 14 0.313 2.201 659 5 12 0.758 1.834 0.758 2.436 645 2 4 0.310 0.622 682 5 3 0.733 0.441 693 04 02 0.577 0.290 714 1 00 0.140 00 1041 1 1047 1
O.B. B.J. O.W. % B.J % o.w O.B. B.J. O.W. % B.J % o.w. O.B. B.J. O.W. % B.J % o.w. O.B.
Sep.12
441
00
00
oct12
456
0.657
Nov.12
534
15
0.374
Average
0.343
Dec.12
775
17
0.387
Jan.13
815
11
0.368
Feb.13
804
16
0.373
Average
0.376
Differnce
0.033
104 of 115
Table-5
5th Joint Civil Judge J.D. and J.M.F.C (CRIMINAL ) Pilot Court More than 2 yrs & upto 5 years B.J. O.W. % B.J % o.w. O.B. B.J. O.W. % B.J % o.w. O.B. 5 3 5 0.201 2 4 5 0.352 0.151 1.493 2.122 4 0.492 0.396 22 1 11 46 0.380 4.397 40 5 50 17 0.184 1.574 45 00 20 00 0.629 2.201 18 0.238 0.860 48 2 25 4.166 54.34 39.69 44.44 81 74 4.545 52.380 5.681 69.310 3.48 29.62 60 3 5 7 20 22 8 15 0.142 0.714 52 00 25 00 48.07 7 0.224 0.314 123 3 20 2.439 16.66 More than 5 yrs & upto 10 years
Upto 2 years
More than 10 years B. O. % B.J % o.w. J. W. 00 88 82 3 2 12 12 2.439 3.703 26.851 3.409 14.117 15.00 1.949 18.656 25.64 6.756 31.884 11.666 15.094 7.375 24.206 5.426 5.55
Month 0.625 2230 0.520 2103 0.610 2097 0.585 0.391 1082 7.108 1050 1.180 1015 2.893 2.308
O.B. B.J. O.W. % B.J % o.w O.B.
Sep.12
1288
0.621
108 00 29
oct12
1933
12
10
0.620
Nov.12
1973
12
0.354
Average
0.531
Dec.12
2046
0.146
Jan.13
2105
149
0.427
12 .5 111.111
Feb.13
2631
31
0.190
Average
0.254
Differnce
-0.277
105 of 115
Table-6
Table-6
More than 2 yrs & upto 5 years More than 5 yrs & upto 10 years More than 10 years % o.w. 18 2 364 357 2.8 0.411 0.532 6.25 4.357 -0.341 -11.31 377 242 1 1 00 00 00 6 4 135 44 00 .546 .274 .273 4.022 0.280 00 00 0.007 4.687 00 1.652 2.113 1.123 35.80 18.18 0.280 18.367 16.25
Juvenile Criminal (pilot court)
Upto 2 years
Month
O.B. B.J. O.W. % B.J % o.w O.B. B.J. O.W. % B.J % o.w. O.B. B.J. 4.780 1.853 2.679 3.104 3.626 1.937 1.583 2.382 -0.296 -5.135 0.105 3.422 703 00 07 00 0.995 243 1 15 709 1 05 0.141 0.706 253 3 7 1.185 573 1 49 0.174 8.566 174 00 7 00 .401 8.557 .873 652 2 77 .306 11.85 200 2 24 1 12.12 15.67 680 3 25 .441 3.692 206 2 4 .970 1.960 366 872 4 88 .458 10.13 307 2 99 .651 32.95 384 00
O. B.J O.W % % B.J % o.w. O.B. W. . . B.J
Sep.12
1302
62
.384
oct12
1279
24
.154
Nov.12
1310
35
.305
Average
.281
Dec.12
1354
49
0.221
Jan.13
1084
00
21
00
Feb.13
1140
18
0.263
Average
.161
Differnce
-0.119 -0.722
106 of 115
Table-7
Table-7
civil cases by Non pilot court (principal CJJD and JMFC)
Upto 2 years Month B.J. O.W. 21 16 12 16.33 20 21 14 18.333 -2.333 More than 2 yrs & upto 5 years B.J. 00 00 00 00 1 1 00 0.666 0.666 O.W. 3 2 2 2.333 1 1 1 1 -1.333 More than 5 yrs & upto 10 years B.J. 00 00 00 00 00 00 00 00 00 O.W. 3 1 00 00 1 3 00 00 00 More than 10 years B.J. 00 00 00 00 00 00 00 00 00 O.W. 1 2 00 1 00 3 3 2 1
Sep.12 oct12 Nov.12

Average
00 00 00 00 00 00 00 00 00
Dec.12 Jan.13 Feb.13

Average
Differnce
civil cases by Non pilot 2nd Joint civil judge JD and JMFC
Upto 2 years Month B.J. O.W. More than 2 yrs & upto 5 years B.J. O.W. More than 5 yrs & upto 10 years B.J. O.W. More than 10 years B.J. O.W.
Sep.12 oct12 Nov.12

Average
00 00 00 00 00 00 00 00 00
00 00 01 00 00 00 00 00 00
00 00 00 00 00 00 00 00 00
00 00 01 00 00 00 00 00 00
00 00 00 00 00 00 00 00 00
00 00 01 00 00 00 00 00 00
00 00 00 00 00 00 00 00 00
00 00 01 00 00 00 00 00 00

Average
Differnce
107 of 115
Table-7
civil cases by Non pilot 6th Joint civil judge JD and JMFC
Upto 2 years Month B.J. O.W. More than 2 yrs & upto 5 years B.J. O.W. More than 5 yrs & upto 10 years B.J. O.W. More than 10 years B.J. O.W.
Sep.12 oct12 Nov.12

Average
00 00 00 00 00 00 00 00 00
00 00 01 00 00 00 00 00 00
01 01 00 00 1 1 00 00 00
00 00 01 00 00 00 00 00 00
00 01 00 00 00 00 00 00 00
01 00 01 00 00 00 00 00 00
00 00 00 00 00 00 00 00 00
00 00 00 00 00 01 00 00 0.33

Average
Differnce
Average old disposal civil by non pilot courts

Court More than 2 yrs & upto 5 years B.J. 0.666 00 00 O.W. -1.333 00 00 More than 5 yrs & upto 10 years B.J. 00 00 00 O.W. 00 00 00 B.J. 00 00 00
Upto 2 yrs
More than 10 years
B.J. Principal CJJD and JMFC 2nd Jt. CJJD and JMFC 6th Jt. CJJD and J.M.F.C. 00 00 00
O.W. -2.333 00 00
o.w 1 00 0.33
108 of 115
Table-8
Table-8
CRIMINAL cases by Non pilot court (principal CJJD and JMFC) More than 2 yrs & upto 5 years B.J. 00 00 00 00 00 00 00 00 00 O.W. 00 00 00 00 00 00 00 00 00 More than 5 yrs & upto 10 years B.J. 00 00 00 00 00 00 00 00 00 O.W. 00 00 00 00 00 00 00 00 00 More than 10 years B.J. 00 00 00 00 00 00 00 00 00 O.W. 00 00 00 00 00 00 00 00 00
Upto 2 years Month B.J. Sep.12 oct12 Nov.12 Average Dec.12 Jan.13 Feb.13 Average Differnce 00 00 00 00 00 00 00 00 00 O.W. 00 00 00 00 00 00 00 00 00
CRIMINAL cases by Non pilot Joint civil judge JD and JMFC More than 2 yrs & upto 5 years B.J. 2 4 1 2.333 6 6 0 4 1.667 O.W. 00 10 07 5.666 4 12 6 7.333 1.667 More than 5 yrs & upto 10 years B.J. 1 1 5 2.333 2 7 4 4.333 2 O.W. 00 5 1 2 4 10 5 More than 10 years B.J. 3 4 00 2.333 1 5 2 O.W. 3 1 00 1.333 14 10 9 11 9.667
Upto 2 years Month B.J. Sep.12 oct12 Nov.12 Average Dec.12 Jan.13 Feb.13 Average Differnce 2 6 1 3 5 3 6 4.666 1.666 O.W. 27 23 1 17 27 22 18 22.333 5.333
6.333 2.666 4.333 0.333
109 of 115
Table-8
CRIMINAL cases by Non pilot 2nd Joint civil judge JD and JMFC More than 2 yrs & upto 5 years B.J. 00 04 03 2.333 12 01 00 4.333 2 O.W. 23 02 02 9 04 05 00 3 -6 More than 5 yrs More than 10 & upto 10 years years B.J. 02 00 03 1.666 03 00 00 1 -0.666 O.W. 15 01 00 5.333 01 01 01 01 B.J. 00 00 00 00 01 00 00 O.W. 03 00 00 01 00 01 00
Upto 2 years Month B.J. Sep.12 oct12 Nov.12 Average Dec.12 Jan.13 Feb.13 Average Differnce 00 02 04 2 09 01 03 4.333 2.333 O.W. 27 06 08 13.66 05 11 03 6.333 -7.327
0.333 0.333
-4.333 0.333 0.667
CRIMINAL cases by Non pilot 6th Joint civil judge JD and JMFC More than 2 yrs & upto 5 years B.J. 2 6 4 4 1 1 5 2.666 -1.334 O.W. 25 2 1 9.333 1 14 2 5.666 -3.666 More than 5 yrs & upto 10 years B.J. 2 1 1 1.333 1 4 4 3 1.667 O.W. 13 1 00 4.666 00 34 11 15 More than 10 years B.J. 00 00 1 O.W. 10 00 00
Upto 2 years Month B.J. Sep.12 oct12 Nov.12 Average Dec.12 Jan.13 Feb.13 Average Differnce 1 3 2 2 1 2 2 1.666 -0.333 O.W. 43 19 10 24 18 23 17 19.333 -4.666
0.333 3.333 1 4 00 1.666 00 21 9 10
10.334 1.333 6.667
110 of 115
Table -9
Table -9
Progress report since date 03-1-2013 TO 24.01.2013
CIVIL SUITS No.of civil suit dismissed in default 3 NIL NIL 65 NIL 3 1 NIL 72 862 NIL 223 41 NIL 266 155 NIL 153 25 1 NIL NIL 4 1 NIL NIL 121 173 NIL NIL 157 200 116 NIL NIL NIL NBW issued Proclamation issued Kept in Dormant file
CRIMINAL CASES Dismissed in default NIL 16 5 NIL 69 172 8 170 440
Name of the Judge
Principal CJJD and JMFC
Jt. CJJD and JMFC
2nd Jt. CJJD and JMFC
3rd Jt. CJJD and JMFC
4th Jt. CJJD and JMFC
Juvenile court
TOTAL
111 of 115
Table -9
Table -9
Progress report since date 25 Jan 2013 CIVIL SUITS No.of civil suit dismissed in default 10 NIL NIL 128 NIL 2 NIL NIL 140 899 NIL NIL 191 245 15 200 45 235 28 NIL NIL NIL 5 NIL NIL NIL 140 1 2 NIL 218 101 135 NIL NIL NIL NBW issued Proclamation issued Kept in Dormant file CRIMINAL CASES Dismissed in default NIL 27 5 NIL 103 324 14 369 842
Name of the Judge
Principal CJJD and JMFC
Jt. CJJD and JMFC
2nd Jt. CJJD and JMFC
3rd Jt. CJJD and JMFC
Juvenile court
TOTAL
112 of 115
MENTOR JUDGE,TO DECREASE OLD PENDENCY AND INCREASE RATE OF DISPOSAL IN CIVIL JUDGE JUNIOR DIVISION AND J.M.F.C.COURTS, AT BHIWANDI Table-10 Cases ases Settled on the day of MahaLokAdalat (Updated as on 10.03.2013) Maharashtra State Legal Services Authority TableTable-10
Criml 388 1484 227 215 619 344 364 130 170 15 158 1025 346 86 48 3493 1653 300 195 97 156 1673 19 145 1021 97 16 3218 9359 108 1412 562 29143 14594 7089 84 43 157 212 10 98 353 1952 363 14 12 0 125 8 166 3 67 55 9 12 5 0 229 2 9 71 0 1004 35 2 0 2423 116 24 86 33 10 106 33 10 0 147 1521 88 51 435 144 106 171 461 105 74 6112 16280 8 9 0 54 28 29 26 689 770 405 16 407 896 145 1 1537 25 34 0 33 161 0 0 1620 2235 596 11737 770 811 214 236 201 22164 335 1009 1151 602 1133 1768 585 754 1413 7748 64457 58 9 0 142 276 282 83 474 413 727 12 0 0 124 381 3 3 0 47 42 82 56 56 26 346 771 113 690 3122 870 4209 934 18123 4155 1994 499 910 714 28135 511 1417 2931 1093 1327 6622 10997 1058 3195 22074 132705 25 8 0 28 234 447 190 29 0 438 321 1391 16 1 0 248 297 924 138 29 17 61 1960 3279 458 32 4 73 1097 2149 2961 1374 62 483 1560 868 388 29 422 276 207 550 8381 722 613 54 0 147 5875 26 1326 481 461 19 5379 24636 2255 479 573 62577 142 24 22 121 1453 2045 738 158 7 7 442 388 2570 1125 386 112 0 362 1473 3436 107 138 N.I. Act. MACT Land Acq. Ex-cadre Pre-Litigation Total Spl Drive Grand Total 3543 3695 2783 5110 4653 986 1874 2007 1639 501 719 3544 1146 4416 1484 26504 4877 2607 553 910 861 34010 537 2743 3412 1554 1346 12001 35633 3313 3674 22647 195282
Sr No
District
Civil
Ahmednagar
715
Akola
84
Amravati
56
Aurangabad
270
Beed
455
Bhandara
18
Buldana
49
Chandrapur
22
Dhule
35
10
Gadchiroli
11
Gondia
15
12
Jalgaon
118
13
Jalna
39
14
Kolhapur
107
15
Latur
198
16
Nagpur
314
17
Nashik
134
18
Nanded
111
19
Nandurbar
19
20
Osmanabad
428
21
Parbhani
81
22
Pune
214
23
Ratnagiri
32
24
Raigad
81
25
Satara
143
26
Sangli
112
27
Sindhudurg
60
28
Solapur
859
29
Thane
221
30
Wardha
29
31
Yavatmal
43
32
Mumbai
210
TOTAL
5275
113 of 115
BIBLIOGRAPHY
BIBLIOGRAPHY Books
1. Code of Civil Procedure code (15th Edition), by Sir.Dihshaw Fardunji Mulla ,LexisNexis, Butterworths Wadhwa,Nagpur 2. The Code of Criminal Procedure (20th Edition) by Ratanlan&Dhirajlal, LexisNexis, Butterworths Wadhwa,Nagpur 3. Civil Manual 4. Criminal Manual 5. Compendium of Administrative and Financial powers delegated to the Judicial officers 6. Report of the Study Group appointed by the High court and organizational set-up and staffing pattern of the Mofussil Courts 1981 7. CIS (case information Study by NIC ) 8. Study material provided by Sikkim Manipal University for MBA (For HR and Mentoring) Web site:- Secondary data collected www.bombayhighcourt.nic.in www.manupatra.co.in Www.pib.nic.in Www.indiancourts.nic.in
114 of 115
BIBLIOGRAPHY
Data : Primary data collected from actual working/observations Statistical data is collected from District Court Thane and Bhiwandi Court (Thane) Abbreviation :EWD = effective working days BJ= By Judgment O.W. = otherwise D.F. =Dormant File N.C. = Non-cognizable cases Special court = court constituted on Holiday( Lokadalat Day) CJJD = Civil Judge Junior Division JMFC = Judicial Magistrate First Class CPC = Civil Procedure Code Cr.P.C. = Criminal Procedure Code NI Act = Negotiable Instrument Act. RCC = Regular Criminal Case RCS= Regular Civil suit
115 of 115

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Executive Mentoring

Mentee to Apply Provisions

Mentee to Decide Cases

A PILOT PROJECT REPORT ON

DECEMBER 2012 TO FEBRUARY 2013)

Under the Guidance of Shri. Srikant Acharya

S.R. SALKUTE Roll NO : 521147062

At Halo Technologies and Training Pvt. Ltd. (Study Center-01976)

Learning center faculty/ Head of department

PILOT PROJECT PERIOD FROM DECEMBER 2012 TO FEBRUARY 2013

MBA ( Human Resources)

Roll No : 521147062 mail: sanjaysalkute@gmail.com

District & Sessions Courts in Maharashtra

Steps taken by Government of India

7 7.1 7.2 7.3 7.4 8 8.1

Reason to Select Executive mentoring project Benefits from Executive Mentoring

11 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9

Effective Evolution of Mission from Pilot Project observations Mentoring Sessions

First Sessions summary Second Sessions Summary Third Sessions Summary

96 98 99 101 103 106 107 109 111 113 114 115

BIBLIOGRAPHY Data & Abbreviations

1.! JURISDICTION O" T#E SU$REME COURT

1.1 #I4# COURTS

Jod%pur 67&nc% a( Jaipur9 4an0(o8

1.< Di)(ric( Cour()

Ma%ara)%(ra Judiciar O.-&c(i+&

1.2 Di)(ric( ? S&))ion) Cour() in Ma%ara)%(ra

S(a33in0 $a((&rn) in (%& Ma%ara)%(ra Su.ordina(& Judiciar : The service

4o+&rn'&n( o3 India (o r&duc& (%& p&nd&nc

$&ndin0 ca)&) in S(a(& o3 Ma%ara)%(ra and p&r3or'anc& o3 -udiciar in S(a(&

S(a(&'&n( o3 Ca)&) Und&r S&c(ion 115 O3 N.I.Ac( 1551

S(a(u) o3 Ca)&) in (&r') o3 p&nd&nc on 1@(% S&p(&'.&r/ !@1! 63i0ur&) in *ac)9

Y&ar-,i)& In)(i(u(ion and Di)po)a* o3 Ca)&) in (%& S(a(& o3 Ma%ara)%(ra/63i0ur&) in *ac)9

Bear 7CC) 7CC= 7CC: 7C(C 7C((

?o. of !ases Instituted (=.;6 7C.;) (=.6* 7C.II (:.:;

?o. of cases Disposed off (:.;) (:.)I 7C.C; 7*.C6 7;.76

7C(7 9pto *C +ep.

Topic -1 SOME IM$ORTANT CASE LAWS "OR S$EEDY JUSTICE

Topic -< O7JECTIVES AND SCO$E "OR STUDY

<.1 N&, Conc&p( o3 E33&c(i+& Mana0&'&n( in Judicia* S )(&'

Topic-; LITERATURE "OR MENTORIN4

C%arac(&ri)(ic) o3 In3or'a* '&n(orin0:

C%arac(&ri)(ic) "or'a* '&n(orin0:

Iua*i(i&) r&Cuir&d in M&n(or :

2.< W%a( i) &Ep&c(&d '&n(orin0 pro0ra' in Judicia* S )(&' J

2.; M&n(orin0 K N&, Ro*& . M&n(or Jud0&:

Addi(iona* Iua*i(i&) r&Cuir&d in M&n(or Jud0&

).-elp develop creative and independent thinking.

Addi(iona* Iua*i(i&) o3 M&n(&& Jud0&

;. $e sensitive to the goals of mentoring program.

5.1 R&a)on (o S&*&c( EE&cu(i+& '&n(orin0 3or $i*o( pro-&c(

=.* R&)&arc% O.-&c(i+&) :

descriptive and exploratory

research. It is to ascertain reason for pending cases, its stages,

5.: R&)&arc% $*an

5.1@ $r&-A))&))'&n( o3 Da(a

5.1; $r&+iou) Da(a $r&)&n(a(ion and Ana* )i)

8orce3"ine 3work load4 cases 3work

; /oint !ivil /udge /r.Dn.and /M8!

Disposal sep.(7 to ?ov.(7 ); ( (C( ( 6

Di)po)a* )&p.1! (o No+.1! C :: ;* ) :; 7I* 6= *(*

3Details of disposal by all courts is given in Table.7 separately4

&revious Data for Mediation

!ourt *rd /t.!//D A /M8! 6th /t.!//D A /M8!

5.1 R&a)on (o S&&c( EE&cu(i+& '&n(orin0 3or $io( pro-&c(

Di)po)a* )&p.1! (o No+.1! C :: ;* ) :; 7I* 6= (

6)&& Ta.&-1 a) co'par&d ,i(% Ta.& -!9