West Bengal Services (Training and Examination) Rules, 1953
Finance, Home. Examination, Service Rule.
West Bengal Services (Training & Examination) Rules, 1953 along with all amendments.
Ref: 845-F dated 19.03.1953, 10518-F dated 04.12.1974, 834-PAR(Trg) dated 20.08.2004, 601-PAR(Trg) dated 07.09.2006.
Chapter – I
Probation and Training
Part – A
General rules regulating the probation and training of officers appointed on probation to IAS, IPS and West Bengal State Services (297-O&M dated 28.04.1976)
1. For the purposes of these rules –
(i) “Appointed on probation” means appointment on trial in or against a substantive vacancy.
(ii) “Probation” means a Government servant appointed on probation. A Government servant so appointed (and continuing in service) remains a probationer until he is confirmed.
2. Where it is intended that first appointment to a service or post shall normally be on probation, the period of probation shall normally be for two years.
Note: All persons appointed permanently to any service or post included in Schedule I of the West Bengal (Revision of Pay), Rules, 1950 (published in FD Notification No. 2865-F, dated 08.06.1950), which was substantively vacant on or after the 1st April, 1950, shall be appointed on probation and the period of probation shall be as provided in Schedule 13 of those rules.
3. For special reasons to be recorded in writing, the appointing authority may extend a probationer’s prescribed period of probation by such period not exceeding one year as the appointing authority deems appropriate. A period of probation may not be further extended without the special order of the Government, obtained on a recommendation made by the appointing authority.
4. On completion of the period of probation or the extended period of probation, as the case may be the appointing authority shall record and order within six mouths from the date of expiry of the period of probation or the extended period of probation, as the case may be, either confirming the probationer from such date as such authority may deem fit. Subject to the restrictions prescribed in rule 8. or discharging him or as the case may be extending the period of probation after taking the special order of Government under rule 3. where necessary.
Note I: Unless any specific decision is taken by the appointing authority in the matter on completion of the prescribed period the period of probation shall be deemed to have been automatically extended until farther orders.
Note II: The term “discharge” in this Chapter includes in the case of a probationer appointed by promotion from another service or post. Reversion to that service or post.
5. In all cases other than those on which orders of Government are awaited in terms of rule 3, a probationer may at any time be discharged from service by the appointing authority, if considered by that authority to be unsuitable for the service or post to which he was appointed, but the order of discharge (except when passed by Government) shall not be given effect to till it has been submitted to and confirmed by the next higher authority.
6. An order discharging a probationer shall indicate the grounds for the discharge.
7. No appeal shall lie against an order discharging a probationer.
8. Notwithstanding anything contrary contained in the West Bengal Services (Appointment, Probation and Confirmation) Rules, 1979, a probationer may not be confirmed until he has served on probation, for the period prescribed under rule 2, passed the test or examination, the passing of which under his service rules is a condition of confirmation in the service or post in which, it is proposed to confirm him and has been declared by the appointing authority to be fit for confirmation.
9. No increment or pay beyond the pay prescribed under rule 2 may be drawn by a probationer, until he is confirmed.
Note 1: The probationary period of a service or of a post is an integral part of a time-scale and need not necessarily be at the beginning of such a scale. A Government servant who is appointed on probation at a stage higher than the minimum pay of the scale, either under special orders of a competent authority or by the application of the West Bengal Service Rules, may be granted the increments that fall due during the prescribed period of probation; he is not, however, entitled to any increment due after the expiry of his probationer services unless and until he is confirmed.
Note 2: The Assistant Headmasters/Assistant Headmistresses recruited direct or on probation will be entitled to yearly increments in the usual manner so long as the pay scale of Assistant, Headmasters/Assistant remains identical to that of Assistant Teachers but they will not be confirmed in the posts of Assistant Headmasters/ Assistant Headmistresses unless and until they pass the departmental examination [Notification No. 910-PAR (Trg) dated 23rd September, 1987].
10. When a probationer is confirmed otherwise than with effect from the date of expiry of the period of probation prescribed under rule 2, he will unless it be otherwise provided by rule draw as from the date of effect of his confirmation the pay he would have drawn had he been confirmed on the expiry of the prescribed period of probation, and unless it be otherwise provided by rule, the whole of his services from the date of his appointment on probation shall count for increments.
11. Increments earned on passing an examination will have effect from the day following that on which the departmental examination, in which the officers concerned are declared to have passed, ended.
12. Salary of IAS and IPS probationers:
(1) on appointment, an IAS or IPS probationer will receive salary in the respective time-scale of the IAS or IPS and draw increments annually on the anniversaries of the date of his first appointment, provided that an IAS /IPS Officer shall pass the departmental examination prescribed for this purpose, on or before a date 24 months after the date on which he joined the State Government. Should he fail to pass on or before the date so fixed, he shall not be entitled to the 2nd increment, which would be either withheld or postponed until he passes the departmental examination completely. If, on the other hand, an IAS or IPS Officer passes the departmental examination before the due date of passing such examination, he will be entitled to draw an advance increment, which will have effect from the day following the day on which the departmental examination ended.
(2) Subsequent increments of an IAS or IPS Officer will fall due on the anniversaries of the date of first appointment irrespective of the fact that his 2nd increment was either withheld or postponed or he had earned it in advanced in accordance with the provision of rule 11.
13. Pay of a probationer in the West Bengal Civil Services (Executive):
(1) A probationer in the West Bengal Civil Service (Executive) recruited on the resulted of the annual competitive examination will draw during the first year of his service the minimum of the time-scale of that service. On the completion of one year service, he will be admitted to the stage of the time-scale next above that in which he was appointed.
(2) On the completion of two years’ service, he will be confirmed and admitted to the stage next but one above that in which he was appointed, provided that –
(a) he has passed the prescribed departmental examination completely;
(b) he has submitted the prescribed records of cases to the satisfaction of the concerned Divisional Commissioner.
(c) he has submitted the prescribed treasury training certificate; and
d) he is considered by the Government to be fit in all respect for confirmation [Notification No. 834-PAR(Trg.), dated 25th August 1986].
14. Pay of an officer promoted to the West Bengal Civil Service (Executive):
(1) An officer recruited to the West Bengal Civil Service (Executive) in accordance with the methods stipulated in clause (b) or clause (c) of sub-rule (1) of rule 4 of the West Bengal Civil Service (Executive) Recruitment Rules, 1978, shall be on probation for two years.
(2) An officer who has been appointed either at the minimum of the time-scale of the West Bengal Civil Service (Executive) or a stage higher than the minimum of the said time-scale shall be granted an increment raising his pay to the next stage of the time-scale in which he was appointed on completion of one year’s service. No further increment shall be granted to him until and unless he is confirmed in the service.
(3) An officer recruited in accordance with the methods stipulated in clause (b) or clause (c) of sub-rule (1) of rule 4 of West Bengal Civil Service (Executive) Recruitment Rules, 1978, shall be confirmed in the service on completion of two years’ service provided that he has passed the prescribed Departmental Examination and has been found otherwise fit for the service [Notification No. 795-PAR(Trg.), dated 10th August 1988].
16. All existing rules and orders relating to the training and probation of officers of the West Bengal Provincial, General and Subordinate services in so far as they are not inconstant with these rules, are hereby confirmed.
Part – B
Rules regulating the training of officers of the Indian Administrative Service and West Bengal Civil Service (Executive)
1. Practical training of Assistant Magistrates and Deputy Magistrates on probation
All Assistant Magistrates and Deputy Magistrates, appointed on probation, shall undergo a course of theoretical as well as practical training in the Administrative Training Institute (ATI), Kolkata, Analytical Research and Training Institute (ARTI), Salboni, State Institute of Panchayat and Rural Development (SIPRD), Kalyani and in the districts and State Secretariats and in any other institutes as may be specified by the Government from time to time.
2. Object of training
The object of the training is to train up the officers in various branches of the administration including Police Administration and Executive Magistracy, with particular emphasis on development administration in the district, sub-division and block levels and revenue administration in the District level. The object of the training is also to give the officers opportunities of acquiring practical experience in office and court procedures diverse administrative works including development works and to develop in them an early acquaintance with the Government policies and programmes for building a welfare State The object of the training is also to inculcate in them the ideals of public service, economy in spending and correct behaviour in their contacts with the people.
3. Training at ATI, Kolkata
(a) All Assistant Magistrates and Deputy Magistrates on probation shall undergo Joint Induction Training for four weeks at ATI, Kolkata along with other new entrants to the Group A Government Services. The Induction Training should cover important aspects of Indian Constitution, system of Indian Judiciary. Constitutional Laws and Fundamental Rights, Administrative Tradition in West Bengal, Land Reforms in West Bengal, Planning in India, Panchayat Raj in West Bengal, Agricultural and Industrial Scenario in West Bengal and other similar important subjects.
(b) On completion of Joint Induction Training the Deputy Magistrates on probation shall undergo 1st phase of professional course at ATI for a period of 6 weeks covering laws of the State, audit and accounts, office procedures etc.
(c) The conclusive part of training for Deputy Magistrates on probation shall again be a professional course at ATI, which shall start after they complete their practical training in the districts.
4. Training of Assistant Magistrates and Deputy Magistrates on probation at ARTI, Salboni and SIPRD, Kalyani
(a) After completing Joint Induction Training at ATI the Assistant Magistrates shall undergo a 2 weeks training at ARTI, Salboni where they shall be imparted practical training in survey and settlement Thereafter they shall undergo a further 2 weeks training on Panchayat and rural development matters at SIPRD, Kalyani
(b) The Deputy Magistrates on probation shall undergo 4 weeks of settlement training at ARTI, Salboni, followed by 4 weeks of training at SIPRD, Kalyani, after they complete the 1st phase of professional course at ATI, Kolkata
5. Practical training of Assistant Magistrates and Deputy Magistrates on probation in Districts
On completion of Joint Induction Training at ATI and training courses at ARTI and SIPRD and the 1st phase of professional course at ATI (for Deputy Magistrates on probation only) Assistant Magistrates and Deputy Magistrates on probations shall undergo a course of, practical training in administration in the districts as prescribed in these rules:
(i) Programme of Training in districts: As soon as a Probationer is posted to the district; the District Officer concerned shall prepare a complete training programme showing, with reference to the work m the office and outside, the periods which the probationer shall spend in different departments or offices For Deputy Magistrates on probation the programme shall be in accordance with the training schedule to be drawn up by the state Government. This shall however serve as a broad guideline, for the District Magistrates who may alter the schedule to the extent they deem necessary. The training of Assistant Magistrates shall be in accordance with the training programme to be drawn up by the state Government. A copy of the programme so drawn up shall be handed over to the probationer. The programme in respect, of promoted officers should be suitably modified in view of the previous experience of such officers.
(ii) Maintenance of diary: The probationer shall maintain two diaries for recording the work done by him day by day On receiving copy of the training programme, he shall first enter details of training in one diary He shall record in this diary a brief account of work done by him day by day and submit the same to the officer-in Charge of the concerned department for his comment. The other diary to be maintained by the probationer shall be for recording the account of work done during his training in the Treasury.
(iii) Supervision by the District Officer and Deputy Collectors: At the end of period of training of an officer in any department, the Deputy Magistrate or Deputy Collector in charge of the department should record a note in the officer’s diary stating how he has attended to his duties and a general opinion about the knowledge acquired by the officer in course of training. This should be shown to the District Magistrate who should personally interview the officer and ascertain by oral examination whether he has acquired a reasonable amount of information about the working of the department. An officer-in-charge of a department shall be responsible for seeing that officers under training are given every opportunity of becoming fully acquainted with the working of the department. On completion of training of the probationer in the district, the District Magistrate shall record his assessment of the assessment of the performance of the probationer in the district training and communicate the same to the Secretary or the Principal Secretary to the Government of West Bengal Personnel and Administrative Reforms Department (P &AR).
(iv) Treason Training: Treasury training forms a vital part of the training of the probationer in the district. The probationer shall undergo training in the district treasury for a period of at least 6 weeks under the general supervision of the treasury Officer. During such training he shall acquaint himself with the practice and procedure in the treasury relevance of West Bengal service Rules (WBSR). West Bengal finance Rules (WBHR). West Bengal Finance Rules (WBFR) West Bengal Treasury Rules and Subsidiary Rules(WBTR&SR)Accounts Codes. West Bengal Service (Death- cum-Retirement Benefit) Rules etc and executive orders of the Finance Department. The probationer shall concentrate on practical training about the working of the treasury A separate diary shall be maintained by the probationer to record daily work in the Treasury and it shall be submitted to the Treasury Officer for his comments. The Treasury Officer shall forward the diary with his comments to the Collector who. if satisfied with the performance of the probationer, shall furnish a certificate to the effect that the officer was under training in the district Treasury for the above period and that he continuously attended to and satisfactorily acquainted himself with the duties of a Treasury officer. The Collector shall forward such certificate to the Public service Commission. West Bengal and the date on which such certificate is signed by the Collector shall be treated as the date of submission of such certificate for purposes of Departmental Examination Rules in Chapter II, Part I. If the Collector is not satisfied with the performance of the probationer, he shall send the probationer to undergo training on aspects where he has failed to achieve desired degree of knowledge for a further period as may be deemed necessary.
(v) Preparation of case records: Assistant Magistrates and Deputy Magistrates or probation shall undergo training for one month under the general guidance of the District Magistrate and Collector in regard to the practice and procedures of the courts of the Executive/ Sub-divisional/ District Magistrate and Collector. They shall attend the hearings in the courts of the Executive/ Sub-divisional/ District Magistrates and Collector and prepare an intelligent and precise record of a total of four cases tried by Executive/ Sub-divisional/ District Magistrates, one case each under sections 94/97/176 Cr. PC and 107/108/109/110 Cr. PC and ‘: 116(3) 133 Cr. PC and 144/145/146/147 Cr. PC and a total of two. Cases tried by Collector /Sub-divisional Officer (SDO) – one case under Essential Commodities Act, 1955 and another under West Bengal Public Land (Eviction of Unauthorized Occupants) Act. 1962. These cases should be properly annotated and submitted to the District Magistrate who shall forward the same to the Divisional Commissioner for scrutiny and acceptance. The Divisional Commissioner shall send his opinion to the P&AR Department keeping the District Magistrate informed. If in the opinion of the Divisional Commissioner an officer has once prepared the case records satisfactorily, he shall not be required to do so again even though he may not have passed in the departmental examination in law. The date of satisfactory submission shall be the date of submission by the probationer to the District Magistrate of the case records, which are accepted by the Divisional Commissioner.
(vi) Training of Assistant Magistrates at Lal Bahadur Shastri National Academy of Administration (LBSNAA) At the end of district training, the Assistant Magistrates shall return to the Lai Bahadur Shastri National Academy of Administration for completing their training. The training of Indian Administrative Service (IAS) Officers as Assistant Magistrates shall proceed according to the schedule determined by the State Government in consultation with the Lal Bahadur Shastri National Academy of Administration.
(vii) Refresher Training of Deputy Magistrates on probation at ATI, Kolkata
After completion of the schedule of training in the districts Deputy Magistrates on probation shall return to All and undergo second phase of Professional course at ATI. This shall be a refresher course of either weeks duration which includes intensive information Technology (IT) training for three weeks, for presentation of case studies, district experiences etc. for two weeks and for attachments with various organizations like military, paramilitary, private and public sector industrial units. Commodity organization, milk federation, NGO’s. High Court, Secretarial etc for three weeks.
(viii) Training of officers promoted to West Bengal Civil Service (Executive) – An Officer recruited in accordance with the methods stipulated in clause (b) or clause (c) of sub-rule (l) of rule 4 of the West Bengal Civil Service (Executive) Recruitment Rules, 1978 shall, before he is given posting as per existing policy of the Government, be imparted Induction Training for a period of 3 weeks (i.e. first 2 weeks training at ATI, Kolkata, followed by 1 week training at SIPRD, Kalyani) and practical training in the district for a further period of at least 4 weeks. The Induction Training module for such officer shall be prepared separately by ATI in consultation with State Government. Since promoted officers are expected to have already received adequate training exposure in Indian Constitution, land reforms, system of judiciary etc. the training programme for such officers shall be so prepared as to include intensive theoretical training in block administration including law and order aspect with special emphasis on accounting procedure, financial rules of the Government and laws of the State At the Induction Training level they shall be given a fair idea about the job requirement of an Executive Magistrate, SIPRD, Kalyani and ARTI, Salboni may send their resource persons to ATI to impart training on their respective subject. At the end of Induction Training at ATI the officers shall be sent to the districts for a practical training for at least 4 weeks. The District Officer shall prepare a precise training programme based on the training schedule prepared for the direct recruit officers with special emphasis on practical training in the district Treasury, Nazirkhana, Zilla Parishad, SDO office and Office of the B.D.O. and Panchayat Samiti.
After completion of district training the officers may be given posting as per existing policy of the Government. After one year’s service they shall be given opportunity for a refresher training at ATI, which, should include IT training and training on the functioning of State Secretariat and Directorate.
(ix) Re-orientation of training courses- In the changed socio- politic-economic scenario, training courses at LBSNAA, ATI, SIPRD and ARTI shall be so designed as to ensure that adequate emphasis is laid on training on currently relevant subjects like Protection of Basic Human Rights, Conservation of Nature and Wild Life, Environmental Protection, Protection of Women, Minority Community and Weaker Sections of the People. There shall be provision for adequate training on the new industrial climate of the country, increased commercial activities vis-a-vis market forces at work as well as man management, joint venture with private sector units etc.
Part – C
Rules regulating the training and probation of members of the West Bengal Civil Service (Judicial).
1. An officer on appointment as a Munsif, will be on probation for two years, and will be liable to removal at the discretion of the State Government after consultation with the High Court at any time during the period. The High Court may extend the period in particular cases.
2. Object of training
Munsifs on probation will be placed for training under selected District Judges.
The object is to give them opportunity of acquiring adequate practical experience of Court and office procedure in Judicial (Civil and Criminal) and Revenue work in the districts and also of the control and management of the office.
A probationer will be expected to have a thorough working knowledge of the Acts, Codes, Regulations and Rules prescribed for the Departmental Examinations in Chapter II. He should he familiar with the important provisions of the Constitution. He should make a study of will known legal works and law reports, the Rules and Orders (Civil) and the Manual of Instructions for the conduct of civil cases. In particular he must be well acquainted with the account rules in Rules and Orders (Civil).
The District Judge will take an active interest in the training of the officers and encourage them to acquire the proper outlook and behaviour of a judicial officer in court and office.
3. Programme of training
The programme of training in the different branches during the period of probation shall ordinarily be as follows:
(1) Four months in the aggregate in the office of (i) a Munsif, and (ii) a Subordinate Judge, and in case work in such courts.
(2) Six weeks on training in general revenue work.
(3) Two months on training in Magisterial work.
(4) Three months on training under District and Sessions Judge.
(5) Two months training in the conduct of cases.
(6) Four months training in survey and settlement under a Settlement Officer and six weeks training in survey during which he will attend a special course at the Bengal Engineering College, Shibpore, in August and September.
During the rest of the period of probation the probationer may be required to officiate in temporary vacancies and to undertake other suitable miscellaneous duties connected with the Judicial administration. Selected probationers may also be given training for short periods in the Secretariat and in the High Court.
4. (1) Subject to the condition that the aggregate of the period of training shall not be less than two years, the High Court may at its discretion vary the length of the period of training of a probationer in respect of any item of training and may also in particular cases permit variations in the details of the training.
(2) Before the expiry of his probationary period, the probationer must pass the departmental examination prescribed by the High Court in consultation with the State Government as set out in Chapter II of these rules.
5. A probationer will not be recommended by the High Court for confirmation unless District Judge, the District Magistrate and Collector and the Settlement Officer certify to his general efficiency and knowledge of the subjects in which he had undergone a training under them.
The probationer shall maintain a diary showing the work done by him day by day during his training in the different branches. The diary may be put up to the District Judge once a month.
6. Training in Judicial work – The District Judge will determine the length of the period to be spent in the office of (i) a Munsif and (ii) a Subordinate Judge and will nominate a selected officer of each class to supervise this branch of the probationer’s training.
Not less than one-third of the period during which a probationer is attached to the office of a Munsif and Subordinate Judge should be devoted to practical experience of the administrative work of a civil judicial officer. The probationer should acquire a thorough acquaintance with the work of each department and particularly with-
(a) The registers maintained, and the various forms in use in the offices of a munsif and of a subordinate judge and the work in the Nazarat (including distribution of processes and the holding of sales), the accounts departments, record-room and the copying department;
(b) The classification and arrangement of papers in the records of suits and cases;
(c) The preparation of decrees and sale certificates;
(d) The preparation of monthly, quarterly and annual statements;
(e) The arrangement, examination, preservation and destruction of records deposited in the District Judge’s record-rooms;
(f) Work under the Bengal Money-lenders Act, 1933 (Ben. Act VII of 1933).
7. The probationer shall be employed in the inspection of all branches of the various judicial offices.
8. For training in judicial work the probationer shall first attend the court of a Munsif and then of a Subordinate Judge during the trial of cases. Subject to the following limitations the District Judge will give directions in this regard.
As a part of this training the probationer shall sit with a Munsif or a Subordinate Judge, as the case may be, during the trial of cases, record the depositions of the witnesses, prepare a synopsis of the pleadings, make a summary of the oral and documentary evidence, take notes of the arguments of pleaders, and write a decision discussing the law (including case law) applicable to the facts of the case. During this period the training of the probationer should be continuous, for at least a fortnight in each class of court, and he should sit throughout the day and make a record of the proceedings. He shall also during this period pay attention to the matters referred to in rule 16 below and to the application in practice of the instructions contained in Rules and Orders (Civil) and the Civil Suit Instruction Manual.
In the twelve cases of a Munsif’s Court and four cases of a Subordinate Judge’s Court, the probationer shall record the depositions of the witnesses, prepare a synopsis of the pleadings, make a concise summary of relevant portions of the oral and documentary evidence, take notes of the arguments of the pleaders and write a decision discussing the law (including case law) applicable to the facts of the case. Three of the cases shall be under the Small Cause Court procedure.
9. The record of the cases prepared (preferably typewritten) will be kept neatly field and shall be submitted to the Subordinate Judge or Munsif, as the case may be, who will examine them to see that they are carefully and intelligently prepared and will give suitable directions and advice. The District Judge shall also examine a few records, give necessary instructions and become acquainted with the merits of the probationer. The District Judge will decide whether the recording is sufficient.
Probationers should be encouraged to learn the use of a typewriter.
10. The probationer may also be deputed to make local inspections and to execute minor commissions (ordinarily such as do not require technical knowledge) whenever feasible and, if so required, he will give evidence in connection with his reports. Care should be taken that sum work does not interfere with the rest of his training. All sums payable to probationer Munsifs as their fees and travelling allowance for the execution of commissions by them shall be credited to the State revenues and the probationers will draw travelling allowance under the ordinary rules.
11. The probationer shall study during this period the Indian Evidence Act, 1872, the Code of Civil procedure, 1908, the Bengal Tenancy Act, 1885, the Transfer of Property Act, 1882, the Indian Contract Act, 1872, the Court Fees Act, 1870, the Suits Valuation Act, 1887, the Indian Stamp Act, 1899, the Indian Limitation Act, 1908, and the Indian Registration Act, 1908.
12. Training in Revenue work
For training revenue work, the District Judge will depute the probationer to the office of the Collector. It will be the duty of the Collector to arrange for the supervise the training of the probationer so that he may acquire a general acquaintance with the rules, practice and procedure of the Revenue Department in (1) Land Registration and Certificate Proceedings, (2) Partition and Land Acquisition, (3) Cess and Revaluation, (4) Tauzi and land Revenue Sales, (5) Treasury (Judicial transactions only), (6) Deposit and disbursement of landlord’s transfer fees under the Bengal Tenancy Act, 1885, and (7) In registration law and rules under the District Registrar.
13. Training in Magesterial work
For the training in Magesteriai work the probationer will be placed under the District Magistrate, who will arrange for the training of the officer so that he may acquire a sound knowledge of the law and procedure in criminal trials.
During this period the probationer should read the High Court’s Rules and and Orders (Criminal), the Penal Code and the Code of Criminal procedure, 1898, and take special notes of the procedure in respect of directing or sanctioning prosecution for offences under Chapter XI and XVIII of the Indian Penal Code, Court work should be on the lines of the training of a probationer in the Court of a Munsif or a Subordinate Judge as provided in rules 8 and 9. The probationer may be vested with the powers of a Magistrate of the second class as a Special Magistrate for a term under section 14(2) of the Code of Criminal Procedure, 1898.
14. Training in the Court of the District Judge
A probationer will be required to attend the hearing of selected cases to be heard by the District Judge. He will take notes of the arguments of the pleaders and write a decision discussing the application of the law, including reported cases hearing upon the acts of the case.
The probationer will also be required to prepare a synopsis of some civil, criminal and miscellaneous appeals not yet heard by the District Judge, indicating the law or laws bearing upon the facts of the cases and the material points arising in the appeals with reference to relevancy and cogency.
The records prepared by the probationer will be submitted to the District Judge, who will examine them and give him suitable directions and advice.
15. Training is Sessions trials
The probationer shall attend a few Sessions trials selected by the Sessions or Additional Sessions Judge and watch the proceedings so as to acquire familiarity with the practice and procedure of sessions trials.
16. Training in the office of the District Judge
Opportunity should be afforded to the probationer to become thoroughly familiar with the working of the offices of the District Judge in its English and Vernacular Departments, and the rules and practice relating thereto. When he has gained some experience of the working of the office, he may be deputed to inspect the offices or specified departments thereof, and write notes of inspection to be submitted to the District Judge, who will give him suitable directions and advice. The inspection notes shall be prepared with special reference to the provisions of the Rules and Orders (Civil)
A probationer shall also be trained in the work of a Registrar as contemplated in Chapter 9, paragraphs 17-22, at pages 140-47 of the Civil Justice Committee’s report as far as possible.
17. Training under the Government Pleader and Public Prosecutor
The probationer, if not deputed under the orders of the High Court to take temporary charges as a Munsif, will be placed under the Government Pleader or Public Prosecutor for training in the practice and procedure of preparation and conduct of civil and criminal case. Where the functions of Governments Pleader and Public Prosecutor are performed by different practitioners, the period of training under each will be determined by the District and Sessions Judge.
18. The probationer should study particular cases selected by the Legal Practitioner under whom he is working. He shall prepare the cases, attend the hearing in Court, and take notes of the trial his notes shall be submitted to the Government Pleader/ Public Prosecutor, who will forward them to the District Judge/ Sessions Judge and the District/ Sessions Judge shall examine and pass suitable orders on them. While under the Public Prosecutor the probationer should, so far as practicable, be given the opportunity of understanding the procedure in the investigation and submission of cases by the police. During the period of his training under the Government Pleader he will study the special procedure relating to admission and discovery and the inspection of documents and also the procedure relating to interlocutory matters.
19. Training in Survey
The probationer will undergo a course of study, to be fixed by the State Government in theoretical and practical survey especially chain survey, compass survey, levelling and theodolite at the Bengal Engineering College, Sibpur. He will also undergo a course of Settlement training under the Land and Land Revenue Department, the course being similar to that prescribed for probationary Deputy Magistrates.
No probationer, who has previously passed the pleaders survey training examination, will be required to attend the survey training classes at Sibpur and he may be employed elsewhere during the period spent by other probationers in attending these classes. The course of study in theoretical and practical survey is contained in Appendix “A” following.
Continued: West Bengal Services Training & Examination Rules Part II