Haryana Government on Monday issued instructions to reduce delays in filling appeals in the Courts and to ensure accountability so as to effectively implement clauses of the Haryana State litigation Policy.
“Each Head of the Department would be required to call for details of cases filed on behalf of the Government and to maintain a record of cases which have been dismissed on the ground of delay. The nodal officer must submit a report in every individual case to the Head of the Department explaining all the reasons for such delay and identifying the persons and causes responsible, said an official spokesman.
He said that it has been brought to the notice of the Government that in many cases appeals are filed after expiry of period of limitation. As a result of this, good cases are often lost because appeals are filed well beyond the period of limitation and without any proper explanation for the delay or without a proper application for condonation of delay, said he.
Every such case would be investigated and if it is found that the delay was not bonafide, appropriate action would be taken. Action would be such that it operates as a deterrent for unsatisfactory work and malpractices in the conduct of Government litigation.
For this purpose, obtaining of the data and fixing of responsibility would play a vital role. Data must be obtained on a regular basis annually, bi-monthly or quarterly, he added.
The spokesman said that the applications for condonation of delay are presently drafted in routine terms and this practice must immediately stop. It is the responsibility of the drafting counsel to carefully draft an application for condonation of delay, identifying the areas of delay and identifying the causes.
He said that every attempt must be made to reduce delays in filling appeals and applications. It would be responsibility of each Head of Department to work out an appropriate system for elimination of delays and ensure its implementation.
The question of limitation and delay must be approached on the premise that every Court would be strict with regard to condonation of delay. Apart from this, it would be ensured that the affidavit in support of application for condonation of delay under section 5 of the limitation Act should contain the details of period for which file remain with one desk and the names of the officers, said he.
Any lapse on part of the concerned person would be viewed seriously and action would be taken against the erring officers and officials, he added.
A written communication to this effect has been sent to all Administrative Secretaries and Heads of Departments in Haryana.