Asks them not to raise fee claims in cases transferred
Irfan Tramboo
SRINAGAR, Nov 20: The Government has taken a strong note of a practice that involves seeking case fee by the Government Counsels even before the pronouncement of final judgements and also in the cases that are merely transferred for different reasons while stating that such practice results in the duplicity in fee claims.
The Department of Law, Justice & Parliamentary Affairs has stated that it has come to their notice that the Law Officers representing their departments before various courts are raising fee claims in cases that are being transferred from one forum to another due to varied reasons while stating that the same is not justified as per the rules.
The Department-while terming the issue as a violation of the norms-has made it clear that the Counsels cannot raise the claims for the 2nd instalment of the fee in such cases and can do so at the time of final judgements in the cases that they represent.
It is to be noted here that as per the rules and regulation, the counsel fee is to be paid in two equal instalments, which is to say, half at the time of filing counter/objections/statement of facts and 2nd half at the time of judgement of the case. However, a practice which is opposite to it have been found to be in vogue.
The Department said that in cases that are transferred, without any judgement, the Counsels are not entitled to seek the fee. “It has come to the notice of the department that the Government Counsels are raising fee claims in cases which are being simply transferred from one forum to another for want of jurisdiction etc, which in essence is not the final judgment of the case, as such, does not qualify for the entitlement of 2nd half counsel fee,” the Law Department said.
In order to do away with the practice and plug the same, the Department has directed all the Law Officers representing their assigned department(s) before the Court(s) to refrain from the practice which is in violation of the rules and regulations and even causes duplicity of fee claims in one sing case.
It underlined that such an action is in “violation” of the standing orders governing the terms and conditions of Law Officers and results in duplicity of fee claims in a single case. “…no 2nd half Counsel fee bill in such cases, which are being simply transferred from one forum to another, shall be raised henceforth based on transfer order,” the Department said.
While seeking compliance from all the concerned in this regard, the Law Department has directed the concerned Law Officers representing the Govt Departments that the 2nd half counsel fee bills shall only and only be raised at the time of the final judgement of the case by the Counsel representing the department.
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