The Hindu : File appeals without delay, HC tells Govt. depts

Online edition of India's National Newspaper
Tuesday, Dec 24, 2002

Southern States

Southern States - Andhra Pradesh-Hyderabad

File appeals without delay, HC tells Govt. depts

By J.S. Ifthekhar

HYDERABAD Dec. 23. It has taken the High Court to make the State Government realise the undue delay caused by its departments in filing appeals, counter affidavits and writ appeals. In a recent judgment, the division bench of the High Court has taken a serious note of the "routine'' practice of the officials in delaying filing of appeals.

Not a single writ appeal is filed by Government departments without delay, the court observed and requested the Chief Secretary to take steps to avoid delay at least in future and to send a report of compliance.

Following these judicial remarks, the Law Department has swung into action and decided to initiate disciplinary proceedings against officials found responsible for delay in filing appeals.

Instructions have been issued to all departments to file appeals in the High Court against adverse judgments along with material papers and process fee within the prescribed time limit. The departments are asked to ensure that the just and reasonable claims of the Government are adequately protected in the court. If an appeal filed by the State is lost on account of delay, it is not the loss of any individual but public interest which suffers, the Law Department said in a circular.

The Government pleaders have been asked to obtain certified copies of the adverse judgments on the same day on which judgments are delivered and offer opinion on the fitness for filing appeals. The Secretariat departments have been asked to furnish accurate and comprehensive paragraph wise remarks in the writ petitions filed in High Court along with relevant records setting out the facts in a chronological order so as to improve the quality of defence.

The Government pleaders in High Court are directed to file appeals in fit cases after consulting the Advocate General. Further, all the Secretariat departments have been asked to designate a liaison officer in-charge of legal matters to liaise with the Government law officers.

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File appeals without delay, HC tells Govt. depts