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Sunday, November 15, 2009

Law Minister re-emphasises that Govt would soon be a ‘responsible’ and ‘reluctant’ litigant

As this news-report would signify, sometimes our Hon’ble Courts are burdened with unnecessary litigation. Filing of cases and appeals, especially in employee and pension related matters, becomes more of a power-ego-play for departments rather than a vehicle of justice. Serving and former staff members of govt related organisations who approach Hon’ble Courts for justice are often seen as enemies of the system rather than aggrieved persons seeking application of the principles of fairness.

With this background, the speech of our Law Minister in the recently concluded ‘All India Conference of the Central Administrative Tribunal’ comes as a welcome step. Here are a few excerpts from the same :

“…You must be aware that we are progressing towards bringing judicial reforms. One of the agenda before the Government is that we want to remove the tag of 'biggest litigant'. We are formalizing the policy of Government litigation. We are collecting data from all the Departments of the Government regarding cases pending in the Courts and Tribunals. We will analyze those cases and take necessary corrective steps. Our efforts are that Government should go in litigation only where it is necessary. Unnecessary appeals should not be filed on behalf of the Government. Soon we will formalize our policy…”

“…The Central Government is proposing the introduction of a litigation policy. The government is to be transformed from a compulsive litigant into a responsible and reluctant litigant. An action plan in this behalf will be launched separately. It has a two pronged approach - identifying and removing ‘useless’ cases which are burdening the docket. This should be done at the earliest…”

“…The present system viz ‘let the Tribunal decide every case’ must be eliminated. Setting up of Empowered Government Committees to eliminate unnecessary litigation need to be considered…”

A very good approach indeed. Hope it translates into action on the ground !


VNatarajan said...

Dear Maj Navdeep,
Your opening paragraph deserves full appreciation and cent percent endorsement from all across the board who realise its truth!
Coming to the parts of text reproduced in italics- IF THIS BECOMES ANOTHER OBSTACLE/ SPEED BREAKER in the process of obtaining justice, it will have no meaning.You and I are aware where the WEAKNESSES are rooted. Your opening para itself has pointed out the same. Will that get reformed?

Anonymous said...

too true,
anybody with a grievance is treated as " a nuisance ".it is often taken as personal, when in fact it not so.anyone doiing so is treated as bucking the system and is 'sidelined".
In any organisation ,when the boss is against a particular person(right or wrong",all the others toe the line and send the aggrived person " to coventry".
this is more so in the govt.

Sanjeev said...

Wishful thinking....it'll take a long time before it translates into action on grnd.
Personal experience...the courts and the lawyers are one big circus in our country.

Anonymous said...

Pls provide me the link where i could find complete AVSC report.



There must be value for the judgment and its implementation rather than the approach of filing appeals on each and every case.It only increases the work load.It will also put full stop to commercialisation of judgment by appraoching the next higher court to seek redressal.The judciary must put a plan into action'the buck stops here'

raj said...

Dear Maj Navdeep will the GOI translate the judgements already given by the Hon SC and HC in the case of disability PMR cases into orders or will continue to behave as a nuisance creating litigant overloading the judicial system.

SDS said...

Dear Maj Navdeep , Request elucidite on Ceiling on Salary of Doctors of AMC/ADC/RVC. As per latest amdt to 2/S/08 issued on 11 Aug 09 and 15 Sept 09 , salary ( PAY + NPA ) of offrs of AMC/ADC/RVC will not exceed Rs 85000/-. Since the pay +NPA of Lt Col offrs with 22 yrs is already > 78000/-, they will be touching 85000/- on 01 jul 12 & thereafter no further increments in pay . Rather they will be getting only benefits of increase in DA till retirement, unless these instructions are withdrawn, chances of which appear remote. Therefore we can say our pension will be same whether we seek PMR on 01 July 12 or retire as per age. The situation will be the same today for doctors with 24 years of service. Also please let us know if the situation is same for civilian central govt doctors.

Anonymous said...

sir have you read the http://www.colhariharan.org/2008/11/fauji-bhaiyon-ko-gussa-kyon-aatha-hai.html