Court Management Control System 1.14

International Multidisciplinary e –Journal/ Sanjay Rambhau Salkute (9013-9021)
www.shreeprakashan.com Vol-III, Issue-I, Jan -2014 Page - 9013
Need of District Court Management Control System
(Suggested Method for court management)
Sanjay Rambhau Salkute
Judge, Labour Court Aurangabad Maharashtra
( India) Pin Code:- 431001
Paper Received on: 03/01/2014
Paper Reviewed on: 07/01/2014
Paper Accepted on: 10/01/2014
Abstract
Core functions of the court manager also speaks other duties that may be from executive branch.
The duties are wide in true sense and has covered entire area for judicial system. This is
responsible supervisory and administrative work involving the day-to-day running of a court
section within the assigned duties. Like manager for other fields, the court manager to work with
stakeholders to utilize resources that are available , for achieving the goals of the plans. For that
purpose the manager to possess technical knowledge for e-court and e-suvidha and e-governance.
Therefore the entire mission for adopting court manager speaks that, he is not for supplant judges
as a administrative decision maker and actually he is more responsive for court staff. In this paper
the duties and responsibilities of court manager are discussed. It is discussed that re-engineering
in court process is necessary. For the court mangement system there is need of control systems
that monitors the managment of court so that it can give effective results for the execution of e-
court, e-suvidha, e-governance and court mission. All views are as per my personal study and
experience . Scholars may frame good system/ method than the suggested method.
Key words: Case Information System, court management control system, court development
plan, Re- engineering court business process
Introduction:
A court includes Judge, Court Staff, Advocates, Prosecutor, Litigants, witnesses, other
peoples and related organizations/government agencies. All internal and external stakeholders are
expecting more skills from the court management. In fact court management is more than
housekeeping duties. Though the core function of the court manger is case flow management but
now it become some what easy due to the best software provided by NIC , called as Case
Information System (CIS). If court operates smoothly, then judge can devote more time to core
International Multidisciplinary e-Journal ISSN 2277 - 4262

responsibilities and delivering judgment. Thus the court mission and stakeholders are expecting
that the court manager to formulate and implement the polices as per the duties and
responsibilities imposed on him. Core functions of the court manager also speaks other duties
that may be from executive branch. The duties are wide in true sense and has covered entire area
for judicial system. This is responsible supervisory and administrative work involving the day-to-
day running of a court section within the assigned duties.
Like manager for other fields, the court manager to work with stakeholders to utilize
resources that are available , for achieving the goals of the plans. For that purpose the manager to
possess technical knowledge for e-court and e-suvidha and e-governance. The responsibilities for
legal services shows he should possess knowledge for public and social aspects. Therefore the
entire mission for adopting court manager speaks that, he is not for supplant judges as a
administrative decision maker and actually he is more responsive for court staff. For grand
success in e-court mission, e-suvidha , e-governance and court management , it is necessary to
frame a control system so that uniform court business process carried out.
1 Training To Court Manager :
Court is complex organization that involves polices, non-judicial work, administrative
work etc. The training for court manager to include, Managing Human Resources, Managing e-
court, e-suvidha, e-governance and its system with resources, legal services, court financial
resources, Study of types of courts, types of cases and case flow management, performance study,
purpose and responsibilities of court organization. These points are described in brief as :
1.1 Court Development Plan : It includes strategic planning and performance planning. It
requires support from Stakeholders. The material points for court development plan are : The
purpose , role, policies and value of the court. It is necessary to develop plan as per the need
and environment of court and to involve Judges and court staff in planning process, It
requires for Setting time standards and target for case management, maintaining data for
performance against these standards and target ,Holding meetings with Stakeholders,
Review performance and feedback and use it in proving performance and procedures, To
provide information to stakeholders, to review the role of court staff to ensure efficient
process, To maintain court record as per Manual, circulars and guidelines.
1.1.2 Court Development Plan -Audit Checklist: Audit is a key to review success and for future
directions . The auditor verifies all worksheets and suggests improvement to internal
control , record keeping etc. The period of audit is one year but it can be carry out early as
per the requirement of organization but for short term only. It is only to check the progress
of the mission/plan.
1.1.3 Check list for such audit ( in brief ): 1.Are there vision and mission statements? 2.Does
the mission reflect court's current requirements and desires and the environment in which it
operates?3.Whether the goals are as per the statement of mission ? 4.Whether goals are
achieved by each court complex ? 5.Whether process is designed as per mission ? 6.Whether

the system for communication, decision making is properly working ? 7.Whether the
information is supplied on website for e-suvidha within time ? 8.Whether physical facilities
are provided to court complex as per e-court mission ? 9.Whether the computer technology
and e-court system is properly maintained to give effective results for e-governance ?
10.Whether process for responsiveness management in legal service is maintained ?
11.What methods are used for development (mentoring, training ) and do those methods
support the desired and require performance?
1.2 Human Resources : It is divided into two departments. Human resource management and
Administration Department. Human Resource management includes staffing pattern, recruitment,
training, promotion, transfer policies. It includes high performance work environment, how to
develop good relations with internal and external stakeholders, developing process of mentoring
and succession planning, court staff welfare. This work also includes , To manage workload of
judges and court staff to reduce backlog, To predict the resources to meet workload,Need of
training to stakeholders, crisis management etc.
Administration Department includes office administration and services. It is a department
that functions as per the Rules and Guidelines provided for time to time.
1.3 Technology : To Manage the technology and non-technical issues for the missions and plans,
enhance technological skill of Internal and External stakeholders. Enhance and strengthens e-
court infrastructure throughout the Court System , Enhance the reporting capability of the
Court Management Services , Develop, implement, monitor, and evaluate e-court policies
that govern the use of ICT resources , Provide continuous support and training for all e-
court . Responsibilities includes directing all IT operations to meet litigants requirements as
well as the support and maintenance of existing infrastructure, applications, and
development of new technical solutions. To Provide leadership, vision, and management to
the IT department. To Work with the Judges, Clerks Office, and staff to assess and respond
to IT needs. Provide day-to-day supervision, conduct performance appraisals, and delegate
work assignments for all IT personnel. Oversee the development, design, and
implementation of new applications and changes to existing computer systems and software
packages. Responsible for the ordering, acquisition, inventorying, and disposition of
hardware and software . Serve as primary contact with outside vendors, contracts,
agreements, and other major vendor interactions, Systems Operations and Maintenance.
Maintain the integrity and continual operation of the IT network including the wireless
networks. Ensure the continual functioning of e-court mission critical operations. Maintain
security and privacy of the information systems, communication lines, and equipment. To
develop, review, back-up and disaster recovery procedures and plans.
1.3.1 Arrange Training For Stakeholder : For system administrator who must know the whole
system and serve as in-house experts and trainers. Court staff,, may need to know only the part of
the system on which they work. For judges, training can be at a less detailed level. It is necessary
to identify the trainer for giving training to the stakeholders.

1.4 Legal Services : Study of legal services Act and related provisions, rules for it, social and
cultural study , human psychological study.
1.5 Finance : Finance covers Salary section, Account section, Budget section. . It includes
budgeting, link between planning and budgeting, budget for the plan, budget preparation,
monitoring etc. It includes to coordinates and manages grants and funding issues, including
budget; prepares and submits required reports. Reviews and evaluates data in order to ensure
compliance with grant requirements. To analyzes, researches, develops funding opportunities for
court programs; Performs preparatory work with reimbursements and summarizes by analyzing
financial findings in preliminary and final reports. Provides recommendations for corrective
actions and sets deadlines for submission of reporting data and analyses and ensures accuracy.
Management accounting, is primarily concerned with generating financial and non-
financial information for use by manager in his decision-making role within the court. He is
related to making decision related to the financial operations like,the compilation of budgets;
monitoring and evaluating spending trends; financial record management; financial management
systems. Finance management includes, financial accounting; financial analysis; financial
decision-making; financial planning and budgeting. Financial plan includes, making sure that the
money is being spent to fulfill the objectives of the court.
1.6 Case flow : To prepare a Plan to reduce a delay in trial, reduce backlog, to prepare effective
plan that support to the CIS. The CIS by NIC has provided maximum provisions for case flow
management. For effective use of modern technology it is necessary to arrange workshops of
Internal Stakeholders regarding effective case flow management strategies and practices and
guidelines in adapting them in court. It is necessary to consult from senior judges and advocates
or professionals to review current case flow process of the court and to provide appropriate
recommendations for improvement. It is necessary to hold workshops with the court staff and
Judges to promote self assessment of case flow management practices and self improvement
efforts and required resources.
1.6.1 Roll of Judge in Case Management : Some questions are material to ascertain roll of judge
in case management. Whether judicial case management really work? Whether it actually reduce
expense and delay? Whether judge has the right tools at his disposal? Whether judge has
resources he need? Whether judge sufficiently and properly using the tools and resources ? If
judge is not using tools and resources effectively, why is that occurring and what can be done to
change it?
1.7 Performance : As per the circulars and guidelines provided by the High Court and related
rules for the court staff to prepare plan for performance assessment of staff.
1.8 Responsibilities : Most of the responsibilities are already imposed by the mission . It
includes, Access to justice, free legal aid, responsibilities of court, different methods of managing
cases, court structure, court operations and process .

1.9 Buildings and Property Management Services : Manger has a responsibility for building
maintenance, improvement projects and repairs of existing Court Buildings and
infrastructure.
1.10 Court-case Property Management : The property receives from police station or parties
has to be preserve till the decision of the case or as per the Manual. The room for property must
be secure from unauthorized entry, if possible without windows. Heating, air conditioning and
ventilation system duct registers must be constructed to prevent entry. The items should be
arranged as per the Manual and guidelines provided for it. There should be verification of
properties as per the Manual. Serial numbers on all serialized property and evidence (including
weapons) should be verified . Some items to be stored in non-static bags. The balance sheet for
the property to be verified with decided cases and for disposal of property as per the rules. The
property to be disposed off after trial as per rules. It should be confirmed that the trial is
completed and there would be no use of property for further proceedings. Timely disposal of
property is useful for creating space for arrangements of other properties. Record for disposal of
property be maintained as per rules.
1.11 Communications & Information : To Coordination with external stakeholders.
1.12 Stakeholders Need and Satisfaction :Survey the feedback from user of District Court
website by the External stakeholders. To monitor the effective service on e-suvidha for
district court.
1.13 Court Support Services : Provides support to Administration in procuring goods and
services for the Courts.
2. Re-engineering Court Business Process : In court some process has to be carried out for
Stakeholders. External” customers includes litigants,lawyers and people who come to court in
other capacities. Internal Stakeholders are Judges, staff members, clerk of office.
Illustration : Previously court clerk used to type orders or judgments for providing certified
copies. Then process changed to use photocopier (xerox). This change was adopted by court staff
easily. But thereafter some difficulties arose for the maintenance of photocopier machine that is
changed by providing Annual Maintenance contract. It could not solve problem effectively . Then
it is decided to give contract to photocopier owner who provides copy as per fixed rate. This
changed process is smoothly adopted by Internal and External stakeholders. Now by using e-court
and e-governance mission and with the help of Case Information System it is easily to provide
certified copies by Online system. Such re-engineering process in court business is necessary. It is
easily adoptable by litigants /external stakeholders.
Illustration : Previously manually the cases were registered in the registers provided under Civil
and Criminal Manual. Now said work become somewhat easy by feeding data in the Case
Information System. The process is adopted by the court staff easily. To provide online institution
of cases is re-engineering is necessary.
Illustration : For budget purpose, previously there was traditional paper based system now online
system is adopted.

Illustration : Previously there was method to prepare summons/notice by typing on typewriter
machine or prepare on machine, then summons/notice forms were available from printing press.
The blanks were to fill. Now more easy task is provided by Case Information System that
automatically prepares summons/Notices and such process has to be adopted as early.
Illustration: Process change is adopted for preparation of daily board (cause list) but yet it is not
adopted as expected by the e-court mission so said system has to be adopted at each courts as
early.
Illustration : For salary of Judges and Court staff, previously there was method to prepare bill
manually and then submit to Government treasury office. Now it is online process.
Pay bill process by online method is adopted by court staff without any resistance .The
reason is clear that it is for the benefits to get compensation regularly. It is for the Internal
stakeholders. What about External stakeholders ?, who are also in need of best services, so Judge
and court manager must insist to the Internal stakeholders to adopt the modern technology e-
filing, e-registration and its re-engineering process etc as provided through the e-court mission.
2.1 Arrange Training For Re- engineering : Though formal training is provided but each and
every difficulties and improvement can not be teach. It is also a responsibility of the court staff to
solve their difficulties by reading Case Information system Manual, e-court mission literature and
manual provided for the instrument. Case Information System (CIS) records data for ,person-
related data (defendants, parties, attorneys); time-related data (court calendars and reminders);
case data (history and records); and financial data (fees and fines).When staff member from other
court can do the job by using modern technology then by observing it , it is possible to carry job.
Like , if any process is adopting by other court, then it can be adopted easily.
The external stakeholders though not speaks openly but they always compares the adopted
modern technology by the Internal stakeholders. Sometimes resistance may arose in internal
stakeholders but by education, training, discussion with peers it may be overcome.
External stakeholders may expect more good service. Some difficulties may arose in re-
engineering process like , previously there was system to serve summons / notice by Bailie f
(process serving officer) but process changed and adopted system to send through Registered Post
with Acknowledgment or speed post. Now for sending summons/notices through courier services
or email or publishing public notice and proclamation of offender on website or social
networking, requires some to frame some rules.
2.2 Effective use of Resources :The court has its own limitations for providing instruments and
machineries. It can not purchase machineries frequently. In a computer world, the advance
product comes averagely within six months. So external stakeholders may expect more fast
services that is possible by advance machineries but from provided software and instruments , it
is necessary to provide more good service and that is a skill and responsiveness of the Internal
Stakeholders. For the proper use of the software the court staff has to learn it more cautiously and
with concentration.

It is for the computer section to provide step by step chart like, block diagrams, flow chart
, If---Then , conditions , so that the court staff may use alternate provision for the use of the
software that is provided in it.
For analysis of process there are several tools like Force-Field analysis, focus groups,
fish-bone, work flow analysis, histograms, Pareto analysis and nominal group techniques.
For implementation of business process enhancement, it is necessary to plan and activities
for that purpose some tools like, Tree diagrams, action plans and matrix diagram are useful. For
more complex plan the tools like, Gantt charts, PERT chars , Critical Path Method are useful.
3 Need of Management control system : For ascertaining the success of mission, plan and goals
it is necessary to frame a control system that continuously gives feedback to the manager for
making improvement in management as desired. Therefore it is necessary to institute a control
system at each district headed by Principal District Judge and Central control system at High
Court.
3.1 Internal Control System at District : It functions for:
a) Control environment :(1) the personal and professional integrity and ethical values of
manager and staff, including a supportive attitude toward internal control at all times throughout
the court; (2) commitment to competence; (3) organizational structure; (5) human resource
policies and practices.
b) control activities :Control activities occur throughout the court, at all levels and in all
functions. It includes , authorization and approval procedures; controls over access to resources
and records; reviews of operating performance; reviews of operations, processes and activities
and supervision.
c) Information and communication : All transactions and significant events should be fully
documented. For modern technology there are two groups for information control, General
controls are the structure, policies and procedures that apply to all or a large segment of an
entity’s information systems and help ensure their proper operation. Application controls are the
structure, policies, and procedures that apply to separate, individual application systems, and are
directly related to individual computerized applications. Effective communication should flow
down at all levels and entire court.
d) monitoring :Internal control systems should be monitored to assess the quality and
performance over time. Monitoring is to be accomplish through routine activities, separate
evaluations or a combination of both.
3.2 Responsibilities of Manager : From the imposed responsibilities it appears that, the
Manager is directly responsible for all activities of an courts, including designing, implementing,
supervising proper functioning of, maintaining and documenting the internal control system.

4 Central Control Process : The central control process unit to monitor for the achievement of
general objectives . Whether the mission and plans are executing in order, whether it is efficient
and effective operation process, whether it fulfills accountability obligations, whether it is
complying all rules, regulations, mission statements and laws, whether the system possess
resources for safeguarding against loss, misuse.
Conclusion : Court Manager to make efforts to inspire public confidence and trust in courts;
and convey impartiality, equality, fairness and integrity. Therefore it is necessary to frame Code of
conduct for the court manager. The code of conduct to include some material points like, Respect
for litigants, court staff and other interacting with the court with dignity, respect and courtesy. To
avoid activities that would impugn the dignity of the court. He shall avoid outside activities, that
reflect negatively upon the judicial branch and on one’s own professionalism. He shall diligently
discharge his administrative responsibilities, maintain professional competence in judicial
administration and facilitate the performance of other court employees.
Mere academic education to the court manager is not sufficient. There should be practical
study and work experience in the Court managements so that the manager can perform his duties
and responsibilities in a much better way thereby he could support the judges to perform
administrative duties easily thereby enabling the judges to devote more time to their judicial
functions.
The control system continuously monitors the management of court to give effective
results for the execution of e-court, e-suvidha , e-governance and court mission.
Reference :
[1] Notification, Law and Judiciary Department,Mantralaya, Mumbai dated 07-10-2011, No.
HCT-1910/557/(81)/Desk-4
[2] Compendium of Administrative and Financial powers delegated to the Judicial officers
[3] Report of the Study Group appointed by the High court and organizational set-up and
staffing pattern of the Mofussil Courts 1981
[4] Case Information System (CIS) Manual by NIC [http://bombayhighcourt.nic.in/cmis_faq.php]
[5] Civil Manual [http://court.mah.nic.in/courtweb/static_pages/page5.php]
[6] Criminal Manual [http://court.mah.nic.in/courtweb/static_pages/page5b.php]
[7] http://ecourts.gov.in/
[8] http://court.mah.nic.in/courtweb/static_pages/page3.php and
[9]http://court.mah.nic.in/courtweb/static_pages/page5.php
[10 ]http://egovtraining.maharashtra.gov.in/Site/Home/Index.asp
[11] http://supremecourtofindia.nic.in/ncms27092012.pdf
[12] Legal Services Authority Act, 1987
[13] http://nalsa.gov.in/
[14] Free Legal Aid Notification, Law & Judiciary Department, Mantralaya, Bombay 400 032,
dated the 12th April 1979

[15] No. F 32(30) FCD/2010 ,Government of India ,Ministry of Finance ,Department of
Expenditure , Finance Commission Division ,Block No. XI, 5th Floor, CGO Complex, Lodhi
Road, New Delhi, 20th Sept, 2010
[16] e-court plan by Indian Judiciary
[17] Circular No.L- I 101 51212004-Jus--Government of India,Ministry of Law & Justice

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