Gandhinagar, Oct 7 (SocialNews.XYZ) The Gujarat government has introduced a time-bound Standard Operating Procedure (SOP) for state departments to act on High Court judgments, requiring them to promptly decide whether to implement an order, challenge it in appeal or seek additional time from the court.
The Law Department issued the circular as part of a framework aimed at preventing administrative delays after court orders and situations that could result in contempt of court proceedings.
The SOP also provides for fixing responsibility on officials if prescribed timelines are not followed.
Under the new procedure, if an administrative department accepts a High Court judgment, it will have to take the necessary steps for its implementation in accordance with the procedure prescribed by the Finance Department.
If the department decides that the judgment should be challenged, it will have to initiate the litigation process within the prescribed timeframe after obtaining the Law Department's advice, along with the departmental opinion.
The concerned department will also be responsible for ensuring compliance with directions issued by the Law Department on June 29, 2024.
The procedure effectively requires departments to take a time-bound decision after a judgment, instead of leaving orders pending without a decision on their implementation or challenge.
The SOP also lays down documentary requirements for proposals seeking to file an appeal.
Documents referred to in the note recorded in the e-file will have to be uploaded on the e-Government system, with relevant documents and references provided through clear hyperlinks.
The appeal proposal will also have to contain all necessary details. A checklist recording required information, including reasons for any delay, will have to be signed by the competent authority.
The government said the procedure would ensure that appeal proposals are complete and reduce delays caused by repeated correspondence or missing documents.
The SOP further places responsibility on departments to avoid sending proposals to the Law Department only at the final stage of the prescribed period.
Where an officer is found responsible for violating the prescribed timeframe, the Head of the Department will be responsible for ensuring necessary action under the applicable rules.
The circular also provides a mechanism for cases where immediate implementation of a High Court order is not practically possible.
Such circumstances could include the non-availability of required records, absence of necessary service-related information or the decision-making process required to implement the judgment still pending.
In such cases, the concerned department will have to approach the High Court through a Miscellaneous Civil Application seeking an extension of time.
The application must be filed within the timeframe prescribed by the High Court in its original judgment, rather than waiting until the deadline is about to expire.
The framework, therefore, sets out three courses of action for departments following a High Court judgment -- implementation, appeal or seeking an extension of time -- with prescribed procedures and accountability attached to each.
Source: IANS
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