A system needs to be put in place so that legal cases are regularly monitored and the interests of the government are properly safeguarded before the courts, Cabinet Secretary Ajit Seth has said.
In a demi-official note, Seth has pointed out that in many litigation cases pending before various courts, where the Union of India is either the petitioner or the respondent, government interest is not being defended with adequate diligence.
The Cabinet Secretary has, therefore, emphasised the need to put a system in place so that the cases are regularly monitored and the interests of the government are properly safeguarded before the courts of law.
As per the existing norms, a unified stand should be adopted instead of bringing out each ministry or department's point of view in the reply.
It further provides that it is primarily the responsibility of the administrative ministry to ensure that timely action is taken at each stage a court case goes through and that a unified stand is adopted on behalf of government of India at every such stage.
"In no case should the litigation be allowed to prolong to the extent that it results in contempt proceedings," the guidelines said.
The Department of Personnel and Training (DOPT) today advised all the central government ministries and departments to keep the existing procedure or instructions in mind while dealing with court cases.
Further, while referring court cases for advice, the referring note should invariably indicate brief history and facts of the case; relief sought by the petitioner or applicant; opinion of the government counsel on the court/CAT order; operative part of the judgement or direction; and action proposed to be taken by the department, the DoPT said.
