2.3.1 Initially, in Bihar, the constitution of Courts, jurisdiction and powers, appointments of Judicial Officers and making of rules were governed by the Bengal Civil Courts Act, 1871. The said Act was repealed by the Bengal, Agra and Assam Civil Courts Act, 1887, under which the following Courts at the District level in Bihar were constituted :

1. Court of District Judge;

2. Court of Additional Judge;

3. Court of Subordinate Judge; and

4. Court of Munsiff.

2.3.2 The Local Government was empowered to make appointments of the aforesaid Judicial Officers in consultation with the High Court of Calcutta which had then the jurisdiction over the entire area of Bengal, Assam, Orissa and the present State of Bihar.

1) Muzaffarpur, 2) Bhagalpur, 3) Gaya, 4) Patna, 5) Saran, 6) Ranchi, 7) Cuttack, 8) Munger, 9) Darbhanga, 10) Purnea, 11) Sahabad and 12) Manbhum.

2.3.4 By 1950, the number of District Judges was increased to 15 with the addition of three more posts at the following places:

1) Hazaribagh, 2) Champaran and 3) Santhal Parganas.

2.3.5 In 1916, the concerned officials were paid a fixed monthly salary as indicated :

District Judge : I Grade (2 posts) Rs. 3,000 /-

II Grade (5 posts) Rs. 2,500 /-

III Grade (7 posts) Rs. 2,000 /-

Subordinate Judge : I Grade ( 2 posts) Rs. 1,000 /-

II Grade (6 posts) Rs. 800 /-

III Grade (11 posts) Rs. 600 /-

Munsiff : I Grade (14 posts) Rs. 400 /-

II Grade (20 posts) Rs. 300 /-

III Grade (22 posts) Rs. 250 /-

IV Grade (12 posts) Rs. 200 /-

2.3.6 This structure of the subordinate judiciary especially with reference to the cadres and jurisdiction had continued till 1959 with a marginal increase in the cadre of Judicial Officers.

2.3.7 The State of Bihar enacted the Bihar Superior Judicial Service Rules, 1951 and the Bihar Judicial Service Recruitment Rules, 1955 for regulating the recruitment and conditions of services of Superior Judicial Service and Bihar Judicial Service respectively.

2.3.8 Under the Bihar Judicial Service Recruitment Rules, 1955, the initial recruitment to the cadre of Munsiff was done from amongst the members of the Bar of at least one year’s continuous practice as on the date of the advertisement. The recruitment was done by the Public Service Commission. The Officers would remain on probation for a period of two years. The pay scale of the Munsiff is Rs. 2425-75-2800-100-4000. The promotional cadre to the post of Munsiffs is that of the Chief Judicial Magistrates / Assistant Sessions Judges / Subordinate Judges carrying the pay scale of Rs. 3000-4500. However, the Munsiff after 10 years of service gets the said higher pay scale of Rs. 3000-4500.

2.3.9 At present, there are 266 of such posts and 1043 posts of Munsiffs.

2.3.11 The Bihar Superior Judicial Service consists of District & Sessions Judges and Additional District & Sessions Judges.

2.3.12 At present, there are 228 posts of Additional District & Sessions Judges carrying the pay scale of Rs.3700-125-4700-150-5000. 33 % of the cadre is filled up by direct recruitment from the members of the Bar with seven years of practice and 67 % is by promotion from among the members of the Bihar Judicial Service.

2.3.13 The post of District & Sessions Judge is purely a promotional post from the post of Additional District & Sessions Judge. At present, there are 49 officers in the cadre of District & Sessions Judge with the pay scale of Rs. 3700-125-4700-150-5000.

2.3.14 There are Selection Grade posts of District & Sessions Judges in the pay scale of Rs. 4500-150-5700 and also Super Time Scale posts in the pay scale of Rs.5900-200-6700.

(a) The Territorial jurisdiction of the Courts established at the Sub-Divisional Head-quarters is over the entire territory of the Sub-Division.

The Territorial jurisdiction of the Sessions Judges and Additional Sessions Judges is over the entire Sessions Division. However, on such stations where more than one permanent Court of Munsiff are established, the territorial jurisdictions of such Courts are divided on police-station-wise.

(b) The pecuniary jurisdiction of the Courts to hear and dispose of original suits is as follows:

i) Additional Munsiff - upto the valuation of Rs. 20,000/-.

ii) Munsiff (permanent Courts) - upto the valuation of Rs. 30,000/-.

iii) The Appellate Jurisdiction of the District Judge is upto the valuation of Rs. 60,000/-.

* * * * *