Strict warning issued to OICs for casual approach; non-compliance to invite disciplinary action
WAJAHAT SHABIR
SRINAGAR: The Jammu and Kashmir Department of Law, Justice and Parliamentary Affairs has issued a stern directive to all Officers Incharge Litigation (OICs), condemning widespread negligence in handling government court cases.
In a circular, Secretary Achal Sethi highlighted that OICs’ “casual and lackadaisical approach” has repeatedly led to adverse court orders, severely compromising the government’s legal and financial interests.
The circular cites alarming failures, including OICs’ neglect to monitor case progress, delays in filing critical replies, and inadequate coordination with legal counsel. These lapses have resulted in the dismissal of government petitions, Letters Patent Appeals (LPAs), and Special Leave Petitions (SLPs)—blocking avenues to challenge unfavorable judgments. In some instances, OICs failed to initiate time-bound appeals despite clear deadlines, exacerbating losses to the state.
Key duties being ignored include: preparing para-wise case reports, ensuring replies are vetted and filed promptly, tracking court dates, immediately acting on judgments, and consolidating similar cases for faster disposal. The circular especially stresses OICs’ obligation to forward appeal proposals to the Law Department at least one month before limitation periods expire—a rule frequently violated.
Secretary Sethi’s warning leaves no ambiguity: OICs must comply with their 16 mandated responsibilities “in letter and spirit.” Any further laxity will be reported to Administrative Departments for “appropriate action under rules,” signaling potential disciplinary measures. The directive reinforces a 2021 framework (Govt Order No. 1673) that designated OICs as the government’s frontline legal agents, responsible for end-to-end case management.
The circular has been widely disseminated to top officials across J&K, including the Advocate General, Police Chief, all Administrative Secretaries, High Court Registry, and every OIC. It is also published on the Law Department’s website, underscoring the administration’s zero-tolerance stance. With litigation impacting critical government operations, the Department aims to halt further damage through strict accountability.
it has been observed that the aforesaid instructions/responsibilities as detailed are not been strictly adhered to by the Officers Incharge Litigation (OICs) and casual and lackadaisical approach has been quite often noticed resulting in adverse orders thereby severely and seriously jeopardising the interest of the Government in the said litigations and in some cases, the OIC’s are not performing their duties and responsibilities properly resulting dismissal of petition/LPA’s/SLP’s, the circular reads.
Accordingly, it is hereby impressed upon all the Officers In Charge of Litigation (OICs) to comply with the aforesaid duties and responsibilities in letter and spirit, and any laxity/casual behaviour shall be taken note of and reported to the concerned Administrative Departments for appropriate action under rules, it added.
