Chapter-5 Provision on Inspection

Chapter-5 Provision on Inspection
21. Provision on Inspection:

(1) Each Court hearing appeal shall, at least once a year, inspect its subordinate courts, judicial or quasi-judicial body or the authorities by deputing its own judge.
(2) While carrying out inspection in accordance with Sub-Section (1), the act of inspection shall be done to the cases pending with the concerned Court, body or authority and the cases heard and settled by such a Court, body or
authority.
(3) While carrying out inspection in accordance with Sub-Section (2), in- particular case-files relating to following cases shall be inspected. (a) Cases wherein a person is detained for trial,
(b) Some cases, out of the cases being settled finally in absence of appeal,
(c) Cases where any children, women or disabled, suffered by mental illness or the person crossed the age of seventy five years are involved as a party of the case,
(d) Cases where any question of public concern or interest is involved therein.
(e) Case, where any incapable person is involved as the party of the case
(4) While carrying out inspection in according to this Section, the act of inspection shall be done in following aspects:
(a) Whether or not the execution of judgments has been performed in the time,
(b) Whether or not the orders and directives issued by superior Courts have been carried out, and
(c) Whether or not the proceeding in the sub judice cases are being performed satisfactorily.
(5) While carrying out inspection or enquiry in accordance with Sub-Section (2), (3) or (4), in case it is found that any act supposed to be performed has not been performed and the act supposed to be not performed has been performed, the inspecting Judge shall issue order on the spot to do as per the law.
Provided however that if the order, issued to the defendant to make presence on the appointed dates or furnish guarantee or be kept under detention for trial (Thunchhek Aadesh) in criminal case, where the
Government of Nepal is the party, is required to be quashed, report shall be given to the court hearing appeal of the inspected court and send to concerned court to do as per the order of said court.

(6) The inspecting judge may also make inquiries with the employees of the
Court, body or authority being inspected with the parties to the cases present
in the Court, body or authority, the legal practitioners and other related
persons with respect of the acts and actions of the concerned Court, body or
authority and ask for their suggestions and comments thereon.
(7)The inspecting judge shall, by preparing report of inspection and evaluation
after the completion of the act of inspection, send an inspection report to the
Supreme Court, the concerned court hearing appeal and the Secretariat of
Judicial Council, where the inspection of a Court has been made. The report
shall be submitted to the Supreme Court, the court hearing appeal, concerned
Ministry and concerned body of state government having authority to take
action, where the inspection of judicial or quasi-judicial body or authority has
been made.
(8) The Judicial Council or the body receiving such report shall, after
receiving inspection and evaluation report submitted as per the Sub-Section
(7), take action in the issues as mentioned in the report by carrying out
necessary enquiry as quick as possible and such action shall also be a criterion
of evaluation for career development of concerned official.
22. Casual inspection: (1) The Supreme Court may, by making deputation of the
Judge of own Court, perform a casual inspection of any High Court and
District Court, the High Court may, by making deputation of the Judge of own
Court, perform such inspection of any subordinate District Court or office of
the judicial or quasi-judicial body or authority and the District Court may, by
making deputation of the Judge of own Court, perform such inspection of
judicial activities of body or authority being heard the appeal by such District
Court.
(2) The Judge carried out the act of inspection in accordance with Sub-Section
(1) shall submit the inspection report before the Supreme Court, the Judicial
Council and concerned High Court by depicting the fact found in the course of
inspection and in respect of the inspection of the office of the quasi-judicial
body or authority, such report shall also be submitted before concerned
Ministry and concerned body of state government having authority to take
action.
(3) The Supreme Court may depute any justice of the Supreme Court or any
Judge of the High Court or District Court to perform a casual inspection of the
activities of any-body or authority with respected to the case.
(4) The Justice or the Judge deputed to perform the act of inspection in
accordance with Sub-Section (3) shall, after completion of the act of
inspection, prepare the report of inspection and evaluation and submit before
the Supreme Court and concerned Ministry and concerned body of state
government having authority to take action.
23. To Write for action: (1) If any action or legal proceeding is required to be
taken against any judge or officer from the report of inspection conducted
under this Act due to his/her mistaken or failure to perform any act required to
be done in the course of hearing case, the Supreme Court shall write thereof
with reason and base of such action to the Judicial Council or the concerned
Ministry.
(2) Notwithstanding anything contains in Sub-Section (1), the Judicial Council
or concerned body may, on the basis of inspection report submitted before it,
initiate action or legal proceeding against concerned Judge or officer by
giving reason and base of such action.
24. Enquiry can be initiated: (1) The Chief Justice may, If she/he believes that
any employee working in the Court has performed any irregularity in the
function to be performed from the Court or received any complaint or
information in this regard, depute to any gazette officer working in the Court
for investigation.
(2) The officer, deputed for investigation in accordance with Sub-Section (1),
shall submit report before the Chief Justice with his/her opinion by
mentioning details of the activities occurred with this regard within seven
days from the date of assign work.
(3) If any irregularity of any employee has been found by the report received
in accordance with Sub-Section (2), it shall be written to concerned body or
authority to initiate necessary action