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Pendency of court cases � Observations of the Commission on Review of
Administrative Laws � Regarding � Reference from Ministry of Law, Justice
& Company Affairs
Circular
No. 567 dated 22nd January 2001
As
you may be aware, a Commission on Review of Administrative Laws was set up by
the Department of Administrative Reforms and Public Grievances under the
Chairmanship of Shri P. C. Jain. The Commission submitted its report in
September 1998. The Department of AR & PG has already circulated the copies
of the Commission's report to all the Central Ministries/ Departments for taking
appropriate necessary action.
The
Commission had, inter alia, made the following observations regarding the
pendency of the cases in the courts-observations regarding the pendency of the
cases in the courts -
"The
Commission noted that there exists an unfortunate tendency in the Government
Departments to resort to filing of appeals practically in all cases where the
verdict goes against the Government. There is disinclination on the part of
every official to assume responsibility for not filing an appeal, particularly
in cases relating to revenue matters, ostensibly on the ground that such an
action might be considered motivated or subsequently objected to Audit and/or
vigilance. Definite directions needs to be issued in all Government Departments
that appeals against adverse decisions should be filed only after very careful
consideration. There is also a tendency to take the safer course of approaching
the court for adjudication of any issue rather than to take decision,
which normally would be within the scope of the powers of the executive.
"(Para 16.3.19(3)
"In
relation to criminal cases pending in Courts, which are estimated to be of the
order of about 10 million, a very important judgement has been secured through a
public interest litigation submitted by Common Cause, which has laid down
procedures to be followed for closing down cases which have been pending for
more than prescribed periods, in relation to offences under various sections of
the penal code. Arising from this one judgement, hundreds of thousands of cases,
which had, for long languished, have been closed down. Similar action needs to
be initiated in relation to the multiplicity of cases which are presently
pending before various Tribunals and adjudicating bodies and in cases relating
to revenue, etc. "Para 16.3.19(4)
The
above observations of the Commission are brought to your notice for giving wide
publicity for necessary follow up action to reduce the number of pending court
cases in which the Government is a party. You are requested to intimate the
Board of the action taken in this regard.
Kindly
acknowledge the receipt of the circular.
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