Gujarat Govt Rolls Out Time-Bound SOP to Prevent Delays in Implementing High Court Orders
Summarized by AI; it may make mistakes. Check important info
Summarized by AI; it may make mistakes. Check important info
The Gujarat government has introduced a time-bound Standard Operating Procedure (SOP) for departments to comply with High Court judgments and avoid delays that could lead to contempt proceedings.
Three Routes After High Court Verdict
The Law Department, in a recent circular, said administrative delays after judicial orders often hold up their implementation. The new SOP lays down a fixed procedure for departments to follow after a judgment is delivered.
If a department accepts the court's decision, it must immediately take steps to implement the order in accordance with procedures prescribed by the Finance Department.
If the department decides to challenge the judgment, it must initiate the appeal within the prescribed period. The process must include an internal departmental assessment, consultation with the Law Department and compliance with the directives issued on June 29, 2024.
Departments have also been given a procedure for cases where compliance within the court-set deadline is not possible.
Time Extension Applications Must Be Filed Early
If issues such as unavailable service records or pending approval at a higher level prevent timely compliance, the department must approach the High Court with a Miscellaneous Civil Application seeking an extension of time.
The application must be filed within the period specified in the original judgment. Departments have been cautioned against waiting until the deadline is about to expire before seeking additional time.
Appeal Proposals To Be Uploaded Online
The SOP also seeks to reduce paperwork-related delays in the appeal process. Departments must upload appeal proposals on the state's e-Governance platform along with hyperlinked reference documents.
The move is aimed at ensuring that proposals and supporting records are readily available to the concerned authorities and reducing procedural bottlenecks.
HoDs To Be Held Responsible for Delays
The government has directed administrative heads to prevent last-minute submissions to the Law Department.
Heads of Departments will be responsible for taking action under the applicable rules against officers found responsible for missing prescribed timelines.
The new framework seeks to ensure that High Court orders are either implemented within the stipulated period or challenged through the prescribed legal process without avoidable administrative delays.
