Section 31
To Provide Information About Termination Of Tenure Of Office
31. To Provide Information about Termination of Tenure of Office:
(1) The Judicial Council shall, if any Judge is going to be retired from his/her office due to age factor, give information of the same to concerned Judge and the body at least sixty days before of the retirement.
(2) The Judicial Council shall, if any Judge becomes terminated from his/her office due to any reason except as mentioned in Sub-Section (1), give information to the concerned Judge and the body.
(3) The Judicial Council shall, while calculating age of the Judge as per the following basis for the purpose of providing information relating to retirement in accordance with Sub-Section (1), update the age by making
calculation of the age of the Judge by giving consideration to the age that by which age he/she is retired first.
(A) The age to be specified according to date of birth or age as stipulated in the certificate of educational institution submitted by him/her,
(B) The age to be specified according to date of birth or age as stipulated in the Citizenship Certificate submitted by him/her,
(C) The age to be specified according to date of birth or age as mentioned in his/her sit-roll.
(4) While making calculation of the age of Judge in accordance with Sub- Section (3), in case the date, year, month and day of birth has been mentioned in academic certificate or Citizenship Certificate and sit-roll but
there is not similarity in date of birth in all those documents, calculation of the age shall be made on the basis of the date from which he/she will be retired first.
(5) If only year has been mentioned in academic certificate or Citizenship Certificate and sit-roll of any Judge, the date of birth shall be confirmed in following basis;
(A) In connection to Citizenship Certificate, on the basis of the date of issue of the Certificate,
(B) In connection to the academic certificate, on the basis of the date of issue of the certificate,
(C) In connection to the sit-roll, on the basis of the date of first appointment.
(6)If only year has been mentioned in a certificate and full date of birth has been mentioned in other certificate submitted by the Judge and if there is difference upto only one year between in the dates of birth as mentioned in
those certificates, it shall be based on the certificate where full date of birth has been mentioned.
(7) If the difference between the dates of birth as mentioned in different certificates according to Sub-Section (6) is found to be more than one yea, the date of birth shall be determined on the basis of the certificate
mentioning only year in accordance with Sub-Section (3).
(8) The Council shall confirm the age of the Judges within three month from the date of enforcement of this Section and maintain the record of the age in accordance with this Section.
(9) Nonetheless the information has not been given in accordance with Sub- Section (1), any Judge shall be retired after completion of the age for retirement.
(1) The Judicial Council shall, if any Judge is going to be retired from his/her office due to age factor, give information of the same to concerned Judge and the body at least sixty days before of the retirement.
(2) The Judicial Council shall, if any Judge becomes terminated from his/her office due to any reason except as mentioned in Sub-Section (1), give information to the concerned Judge and the body.
(3) The Judicial Council shall, while calculating age of the Judge as per the following basis for the purpose of providing information relating to retirement in accordance with Sub-Section (1), update the age by making
calculation of the age of the Judge by giving consideration to the age that by which age he/she is retired first.
(A) The age to be specified according to date of birth or age as stipulated in the certificate of educational institution submitted by him/her,
(B) The age to be specified according to date of birth or age as stipulated in the Citizenship Certificate submitted by him/her,
(C) The age to be specified according to date of birth or age as mentioned in his/her sit-roll.
(4) While making calculation of the age of Judge in accordance with Sub- Section (3), in case the date, year, month and day of birth has been mentioned in academic certificate or Citizenship Certificate and sit-roll but
there is not similarity in date of birth in all those documents, calculation of the age shall be made on the basis of the date from which he/she will be retired first.
(5) If only year has been mentioned in academic certificate or Citizenship Certificate and sit-roll of any Judge, the date of birth shall be confirmed in following basis;
(A) In connection to Citizenship Certificate, on the basis of the date of issue of the Certificate,
(B) In connection to the academic certificate, on the basis of the date of issue of the certificate,
(C) In connection to the sit-roll, on the basis of the date of first appointment.
(6)If only year has been mentioned in a certificate and full date of birth has been mentioned in other certificate submitted by the Judge and if there is difference upto only one year between in the dates of birth as mentioned in
those certificates, it shall be based on the certificate where full date of birth has been mentioned.
(7) If the difference between the dates of birth as mentioned in different certificates according to Sub-Section (6) is found to be more than one yea, the date of birth shall be determined on the basis of the certificate
mentioning only year in accordance with Sub-Section (3).
(8) The Council shall confirm the age of the Judges within three month from the date of enforcement of this Section and maintain the record of the age in accordance with this Section.
(9) Nonetheless the information has not been given in accordance with Sub- Section (1), any Judge shall be retired after completion of the age for retirement.