Negligence to invite disciplinary action, adverse APR entries
Fortnightly reviews, monthly reporting system introduced
Excelsior Correspondent
JAMMU, Feb 13: Cracking down on repeated delays, casual handling of cases and avoidable legal setbacks, the Jammu and Kashmir Government has rolled out a stringent litigation management framework aimed at ensuring swift decisions on court orders and timely filing of appeals. The new guidelines introduce a multi-tier monitoring system, fix clear responsibility on officers and mandate strict adherence to limitation periods to safeguard Government interests and prevent cases from being lost on technical grounds.
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In a detailed order, the Government noted that references seeking sanction for filing appeals, LPAs, writ petitions and SLPs are often forwarded to the Department of Law, Justice and Parliamentary Affairs at the fag end or even after expiry of the prescribed limitation period.
It was observed that applications seeking condonation of delay are frequently drafted in a casual and vague manner, lacking material particulars and valid reasons to justify the delay.
The Government has flagged a pattern of inadequate urgency in handling litigation across departments, resulting in last-minute filings, weak condonation applications and, in several cases, dismissal of matters on technical grounds—leading to avoidable legal and administrative setback for the Union Territory.
The Department of Law, Justice and Parliamentary Affairs had earlier issued multiple Government Orders in 2021, following an Administrative Council decision, clearly outlining duties, responsibilities and timelines for Officers-in-Charge Litigation, law officers and Government counsels to ensure proper handling of cases. These measures were reinforced through periodic directions from the High Court of Jammu & Kashmir and Ladakh and detailed SOPs to prevent delays in filing appeals and other petitions.
The Government also highlighted that the Limitation Act, 1963 prescribes strict timelines for filing legal remedies, while Section 5 permits condonation of delay only when sufficient cause is convincingly demonstrated for the entire period of default. Referring to a 2025 Supreme Court judgment, the order reiterated that limitation laws must be applied strictly and that Government agencies cannot seek leniency merely on grounds of administrative delays or file movement.
In view of this legal position, departments have been directed to handle litigation with urgency and seriousness, ensuring prompt decisions on implementation or challenge of court orders within statutory timelines and with approval of competent authorities.
Acting on these directions, the Law Department has issued comprehensive guidelines for prompt handling of litigation. Government counsels have been instructed to apply for certified copies of judgments immediately and submit reasoned opinions on whether the orders should be implemented or challenged.
Divisional Level Committees will examine every judgment, determine limitation periods, upload case details in the litigation management system and conduct fortnightly reviews to monitor departmental decisions. Departmental law officers, in consultation with Officers-in-Charge Litigation, must place cases before competent authorities without delay and ensure proposals for appeals—complete with records and grounds—are submitted well before expiry of limitation periods.
The Law Department will process proposals on priority and convey decisions expeditiously. Once sanction is granted, departments must ensure immediate filing of appeals or petitions, with concerned officers responsible for providing records and coordinating with engaged counsel. An Administrative Level Committee will monitor post-sanction action and submit monthly reports on filing status and delays.
The guidelines emphasize close coordination between law officers and Government counsels, proper drafting of delay condonation applications and continuous monitoring to prevent procedural lapses.
Warning of strict action against negligence, the Government has stated that any laxity leading to delayed filings or adverse court orders may invite disciplinary proceedings and adverse entries in performance reports. Officials have been directed to implement the new system in letter and spirit to ensure accountability at every level and safeguard Government interests.
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