Section 26
Provision Of Acting And Deputation
26. Provision of acting and deputation:
(1) If the office of the Chief Judge of Court of Appeal falls vacant or the Chief Judge is not competent to perform the duties of his or her office because of health or for any other reason or if the Chief Judge remains absent from the Court because he or she is on leave or has gone outside Nepal, the Chief Justice may appoint the senior most Judge of the same Court of Appeal to act as the Acting Chief Judge.
(2) A Judge of Court of Appeal who acts as the Acting Chief Judge pursuant to Sub-section (1) shall receive such remuneration as receivable by the Chief Judge during the period of such acting arrangement.
(3) The senior-most Judge of the same Court shall act as the officiating Chief Judge until acting arrangement is made pursuant to Subsection (1).
(4) If the office of Judge of any District Court falls vacant for any reason or if the Judge of any District Court is not able to attend the Court, the Chief Justice may designate the senior-most Judge of such District Court to act as the Judge of that District Court. If there is not Additional Judge in such District Court, the Chief Justice may designate an Additional Judge of another District Court to act as the Judge of that District Court for a certain period, and in so making designation, information thereof has to be given to the Judicial Council.
(5) A Judge who acts as the Judge of District Court pursuant to Subsection (4) shall receive administrative allowance during the period while he or she so acts.
(6) The Chief Justice may, in view of the work load in a District Court, depute any Judge of a District Court to another District Court, and in so making deputation, information thereof has to be given to the Judicial Council.
(1) If the office of the Chief Judge of Court of Appeal falls vacant or the Chief Judge is not competent to perform the duties of his or her office because of health or for any other reason or if the Chief Judge remains absent from the Court because he or she is on leave or has gone outside Nepal, the Chief Justice may appoint the senior most Judge of the same Court of Appeal to act as the Acting Chief Judge.
(2) A Judge of Court of Appeal who acts as the Acting Chief Judge pursuant to Sub-section (1) shall receive such remuneration as receivable by the Chief Judge during the period of such acting arrangement.
(3) The senior-most Judge of the same Court shall act as the officiating Chief Judge until acting arrangement is made pursuant to Subsection (1).
(4) If the office of Judge of any District Court falls vacant for any reason or if the Judge of any District Court is not able to attend the Court, the Chief Justice may designate the senior-most Judge of such District Court to act as the Judge of that District Court. If there is not Additional Judge in such District Court, the Chief Justice may designate an Additional Judge of another District Court to act as the Judge of that District Court for a certain period, and in so making designation, information thereof has to be given to the Judicial Council.
(5) A Judge who acts as the Judge of District Court pursuant to Subsection (4) shall receive administrative allowance during the period while he or she so acts.
(6) The Chief Justice may, in view of the work load in a District Court, depute any Judge of a District Court to another District Court, and in so making deputation, information thereof has to be given to the Judicial Council.