No: 7/7402 Dated: Jun, 16 2017
1. Short title, commencement and application- (l) These rules may be called the "Bihar Judicial Officer's Conduct Rules, 2017"
(2) They shall come into force on the date of their publication in the official gazette.
(3) These rules apply to every persons appointed to a Judicial Service such as to the members of State Judicial Service or the Superior Judicial Service including on deputation or to ex-cadre posts under the Control of the High Court of Judicature Patna in connection with the affairs of the State of Bihar and who are subjected to the rules making powers of the Government.
(4) The Rules are also applicable to an employee whose services are placed at the disposal of a company, corporation, organization or Local Authority by the High Court of Judicature Patna notwithstanding that his salary is drawn from the services other than the Consolidated Fund of Bihar.
2. Definitions - In these rules unless the context otherwise requires means - (a) "Government"
(i) in the case of a Judicial Officer whose services have been placed at the disposal of the Government of India, the Government of India;
(ii) in the case of a Judicial Officer whose service have been placed at the disposal of the Government of another State, the Government of that state;
(iii) in all other cases the Government of Bihar.
(b) High Court means the High Court of Judicature atPatna.
(c) "Judicial Officer" means any person appointed to serve as judicial officer in respect of whom the Governor of Bihar is empowered to make rules under Article 309 of the Constitution of India, whether for the time being such persons is serving in connection with the affairs of the Government of India or any State or High Court or is on leave.
(d) "Member of family" in relation to Judicial Officer includes-
(l) The wife or husband as the case may be, of the Judicial Officer whether residing with the Judicial Officer or not but does not include a wife or husband, as the case may be, separated from the Judicial Officer by a decree/order of a competent court.
(2) Son or daughter or step-son or step-daughter of Judicial Officer and wholly dependent on him, but does not include a child or step child who is no longer dependent on the Judicial Officer or of whose custody the Judicial Officer has been deprived by or under any law.
(3) Any other person related, whether by blood or marriage, to the Judicial Officer's wife or husband, and wholly dependent on the Judicial Officer.
3. General - (1) Every Judicial Officer shall at all times-
(i) maintain absolute integritY;
(ii) maintain devotion to dutY; and
(iii) do nothing which is unbecoming of a Judicial Officer.
(2) Every Judicial Officer holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Judicial Offrcer for the time being under his control and authority.
(3) No Judicial Officer shall, in performance of his official duties or in the exercise of power conferred on him, or act otherwise than in his best judgment except when he is acting under the direction of his official superior and shall; where he is acting under such direction, obtain the direction in writing wherever practicable, and where it is not practicable to obtain the direction in writing he shall obtain written confirmation of the direction as soon thereafter as possible.
Explanation- Nothing in sub-rule (3) of rule 3 shall be construed as empowering a Judicial Officer to evade his responsibilities by seeking instructions from, or approval of, superior officer or authority when such instructions are not necessary under the scheme of distribution of'powers and responsibilities.
(4) Prohibition of Sexual harassment-
(i) No Judicial Officer shall indulge in any act of sexual harassment of any women at her work-place.
(ii) Every government who is in charge of a work place shall take appropriate steps to prevent sexual harassment to any woman at such work place.
Explanation- For the purpose of sub-rule (a) of rule 3 sexual harassment shall include such unwelcome sexually determined behaviour (whether directly or otherwise), as-
(a) Physical contact and advances,
(b) Demand or request for sexual favour,
(c) Sexually coloured remarks,
d) Showing any pornography,
(e) Any other unwelcome physical, verbal or non-verbal conduct ofa sexual nature.
4. Consumption of intoxicating Drink and Drugs - No Judicial Officer shall be under the influence of intoxicating drink or drugs.
Every Judicial Officer shall strictly abide by any laws relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being.
