Deptts asked to identify persons violating standing instructions
*List of irregular appointment cases being worked out
Mohinder Verma
JAMMU, Sept 17: Government of Union Territory of Jammu and Kashmir has decided to initiate inquiry against officers responsible for contempt proceedings by not making right submissions before the courts. Moreover, direction has been issued for preparation of list of cases involving irregular appointments.
A decision in this regard was taken in a high-level meeting held under the chairmanship of Chief Secretary Dr Arun Kumar Mehta wherein litigation matters were thoroughly discussed, official sources told EXCELSIOR.
It was observed that the embarrassment, which the Government is 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 concerned officers in the departments in handling the judgments/directions.
“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”, it was further observed in the meeting by the senior officers. It was also noticed 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.
Taking serious note of this, the Chief Secretary directed all the departments to identify and initiate inquiry against all such officers who are found to be responsible for contempt proceedings against the Government by not making right submissions before the courts, sources informed.
It has also been decided that in case of any adverse orders from the courts on account of non-serious approach of the concerned officers they will be made liable to face disciplinary action including reflection of their conduct in the Annual Performance Reports (APRs).
Moreover, the Chief Secretary directed Secretary, Department of Law, Justice and Parliamentary Affairs to prepare a list of all court cases involving regularization of irregular appointments and immediately file a report to have the legal standing of the Government clearly defined/detailed that no illegal appointment shall be regularized in violation of law and the Constitution.
According to the sources, from time to time the General Administration Department and the Department of Law, Justice and Parliamentary Affairs instructed all the Administrative Departments to ensure that directions/judgments of the courts are strictly implemented and bureaucrats are not compelled to attend courts in person.
“However, the situation has not improved up to the desired level and this can be gauged from the observations made by none else than the Chief Secretary in a recent meeting”, sources said, adding “the Government wants all the Administrative Secretaries to ensure that departments move coherently and effectively so as to not give the courts grounds to pass adverse orders”.
In the earlier instructions issued by the General Administration Department and Department of Law, Justice and Parliamentary Affairs, the Administrative Secretaries and Heads of the Departments were directed 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.
“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”, read the previous instructions.
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.
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