Govt not to pursue cases lacking legal merit in court

TNN Bureau. Updated: 12/31/2017 11:27:07 PM

SRINAGAR: Already under the burden of close to 1.22 lakh cases pending in High Court and other subordinate courts, the state government has decided to not carry on the law suits of different government departments which it is not certain of winning in the court of law.
Instead, in such cases, the aggrieved employees will be provided justice in terms of service matters like transfers, postings and appointments, out of the court.
In a bid to expediting the disposal of cases of the different departments pending in State High Court, the law officers have been asked to study such cases properly and if the case doesn't have any merit, to drop the proceedings against the employees.
This was revealed as Minister for Law and Justice Abdul Haq on Sunday reviewed the status of various court cases of the different departments pending in Jammu wing of J&K High Court, besides asked for progress on identification of frivolous litigations pending in courts which can be withdrawn by providing justice to the aggrieved outside the court.
Reiterating that the government will shun the practice of carrying on law suits that, due to their lack of legal merit, have little to no chance of being won, with the additional gain being no longer dragging the aggrieved persons unnecessarily in courts, the Minister said that it was the duty of the Law officers and the counsels to read the cases properly.
"If they find there is shortcomings or a mistake committed by the government, then the same shall be communicated to the concerned to rectify the mistake instead of wasting time in pleading the cases blindly.
"If the counsel is satisfied that the government is at fault in some cases, there is no reason to go to court if justice can be provided to the aggrieved outside the court. That will save the time of the aggrieved person," he said.
The Minister also directed for filing time-bound replies and fixing responsibilities of concerned officers on case to case basis to avoid delays and achieving the desired results, besides directing for putting serious and honest efforts to attend to the grievances of complainants expeditiously on merit to ensure minimum possible litigations.
The law minister called upon the Law officers to adopt proactive approach in handling court cases and follow the court proceedings religiously to ensure speedy deliverance of justice. He said the department is monitoring the performance of the Law officers dealing with the cases in various courts and appropriate action will be initiated against the non-performing officials.
The meeting was attended by Advocate General Jehangir Iqbal Ganai, Secretary Law Abdul Majid Bhat, Additional Secretary Law, Achal Sethi, Director Litigations, Additional Advocate Generals, Law Officers and standing counsels of various departments.
Meanwhile, the Minister said the government won't allow stagnation of employees and instead is working to facilitate avenues for their career progression. He said the department issued order of promotion this week wherein about 125 employees were promoted including gazetted and non-gazetted cadre. Giving details, he said promoted officials include 11 Additional Secretaries, 15 Senior Law Officers, 13 Deputy Secretaries, 10 ALO/PLO, One Private Secretary and one Administrative Officers.
Under Non Gazetted Cadre the promoted officials include 5 legal Assistants, 12 Junior Legal Assistants, one Senior Scale Stenographer, 15 Senior Assistants, 12 Junior Assistants and one copiest. Under DPC reports, the promoted officials include 2 Section Officers, 3 Senior Stenographers, 2 head Assistants, 8 Senior Assistants, 19 Junior Assistants and four Jamadars.
Responding to various grievances, the minister assured that the supporting staff for the law Officers of the High Court will be strengthened and also assured that the adequate accommodation will be provided to them in the high court.

Comment on this Story