Put in place mechanism to effectively track all cases: CS
No heed to instructions issued during past over one year
Mohinder Verma
JAMMU, Dec 22: The embarrassment, which the Government is frequently facing in the form of contempt petitions and adverse orders from the High Court as well as Subordinate Courts, is the outcome of the continuous carelessness of the Law Officers in the departments in handling the judgments/directions and the situation has not improved during the past over one year despite repeated instructions from the General Administration Department as well as Law Department.
Now, in order to bring an end to the prevailing situation, the Chief Secretary BVR Subrahmanyam has asked all the Administrative Secretaries to energize their legal staff and ensure that a mechanism is put in place for effectively tracking all the cases in a time bound manner.
Official sources told EXCELSIOR that the Department of Law, Justice and Parliamentary Affairs vide circular dated August 14, 2018 had observed, “it has come to the notice of the authorities that in most of the cases the orders passed by the High Court are not taken seriously and consequently filing of reply/compliance/status reports get delayed resulting in issuance of adverse orders against the Government”.
“More so, the senior Government functionaries are made to appear in person before the courts to explain their conduct as well as the reason for non-compliance of directions”, the Law Department had further mentioned in the circular while asking all the Administrative Secretaries to ensure that reply/compliance/status reports are filed well in time and the directions of the court are complied with immediately so as to avoid any adverse orders.
“If any adverse orders are passed by the courts on account of such lapses, the concerned officers/officials shall be identified, held responsible and made liable to face disciplinary action including reflection of their conduct in the Annual Performance Reports (APRs)”, the Law Department had made it clear in the circular.
Even General Administration Department issued instructions in this regard to all the Administrative Departments a number of times on the directions of the Chief Secretary so that directions/judgments of the courts are strictly implemented and bureaucrats are not compelled to attend courts in person, sources said.
However, the situation has not improved up to the desired level despite lapse of more than one year and this can be gauged from the observations made by none else than the Chief Secretary, who has expressed shock over non-compliance to the directions/instructions of Departments of Law, Justice and Parliamentary Affairs and General Administration.
“Many a times departments leave court judgments unattended leading to contempt proceedings”, sources said quoting the observations of the Chief Secretary made in the recently held Committee of Secretaries meeting. Accordingly, he told all the Administrative Secretaries to ensure that departments move coherently and effectively so as to not give the courts grounds to pass adverse orders.
He has directed all the Administrative Secretaries and Heads of the Departments to energize their legal staff and ensure that a mechanism is set up in their offices whereby all court cases are effectively tracked and monitored. “The Chief Secretary has laid stress on reviewing the contempt petitions wherein the High Court has passed orders but the departments concerned are yet to take any decision on future legal course”, sources said.
“Advice of Secretary to Government Law Department and Advocate General may be obtained wherever required so that no court matter or contempt petition is left unattended for want of reply being filed or the matter requiring appeal in a higher forum within the limitation period”, sources said quoting the directions of the Chief Secretary.
It is pertinent to mention here that there are standing instructions to all the Administrative Secretaries, Law Officers posted in various departments, Senior Additional Advocates General, Additional Advocates General, Deputy Advocates General, Government Advocates and Standing Counsels that the Department of Law, Justice and Parliamentary Affairs be kept informed of all the cases on weekly basis where the Chief Secretary is required to submit a response.
Moreover, the Directors of Litigation are required to keep all the departments posted about the important cases and take necessary steps for avoiding adverse orders. “Had Administrative Secretaries and Law Officers been ensuring strict compliance to directions vis-a-vis adopting proactive approach in handling court cases the adverse orders from the courts and contempt petitions could have been avoided up to large extend till date”, sources said.
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