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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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®ı Amflºƒˆ ]∫Ô'˛wÁ\ 2021 } ÂkD✓Ï | 8 { No. 44 Poudouchéry Lundi 8 Novembre 2021
No. Puducherry Monday 8th November 2021
(17 Kartika 1943)
GOVERNMENT OF PUDUCHERRY
LAW DEPARTMENT
(G.O. Ms. No. 42/2021-LD, Puducherry, dated 08th November 2021)
NOTIFICATION
Approval of the Lieutenant-Governor, Puducherry, is conveyed for the "Puducherry Litigation Policy, 2021". The details of the Policy are as appended to this Notification.
(By order of the Lieutenant-Governor)
N. MURUGAVEL,
Under Secretary to Government (Law).
[ 851 ] 852 LA GAZETTE DE L'ETAT [PART–II
PUDUCHERRY LITIGATION POLICY, 2021
1. Introduction.— Puducherry Litigation Policy, 2021 has been developed keeping in mind of the National Litigation Policy and the local requirements of the Union territory of Puducherry.
2. Aim.— The Policy is aimed towards reducing the pendency of cases by altering the practices followed by the Government of Puducherry in dealing the matters before the Hon'ble Supreme Court, Hon'ble High Court of Judicature at Madras, various Tribunals, including Central Administrative Tribunal (CAT), Madras, Sub-ordinate Courts, Enquiries, Arbitration and other alternate dispute resolution. The Policy reflects the resolve of the Union Territory Government to bring about a visible and enduring qualitative and quantitative improvement in the manner in which litigation is perceived, managed and conducted by the Union Territory Government.
3. Need for a Union Territory Litigation Policy.— The Centre has formulated a National Litigation Policy to reduce the cases pending in various Courts in India under the National Legal Mission to reduce average pendency time from 15 years to 3 years and has also adviced all State Governments and Union Territory Administrations to evolve similar policies. In order to achieve the said mission, the Puducherry Litigation Policy, 2021 has been developed as to suit the local requirements to bring about a visible and enduring qualitative and quantitative improvement in the manner in which litigation is perceived, managed and conducted by this Administration of Government of Puducherry.
4. Content of State Litigation Policy.— The Policy provides for–
(i) reviewing the existing cases and withdrawing cases identified
as frivolous and vexatious;
(ii) formulating norms for defending cases as well as for filing
appeals; and
(iii) setting up of Empowered Committees to eliminate
unnecessary Litigation.
5. Implementation of the Policy.— It is proposed to implement the
Policy through a two-tier system comprised of– 853
PART–II] LA GAZETTE DE L'ETAT
(i) a Union Territory Level Implementation Committee (UTLIC); and
(ii) a Department Level Implementation Committee (DLIC).
At the appropriate level, these Committees will decide whether an
appeal is to be filed or not.
6. Union Territory Level Implementation Committee (First-tier
Committee).— There shall be a Union Territory Level Implementation
Committee (UTLIC) under the Chairmanship of Chief Secretary to
Government and comprising of the following Members:
A. Members:
Law Secretary to Government, Government Pleaders of High Court
and District Court, Public Prosecutors of High Court and
District Court, Secretaries to Government of Home and Finance
Departments and Secretary of the Department concerned (whose
case is being discussed in the Committee.)
B. Aim and Function:
(i) The UTLIC shall aim to streamline the litigation and
grievance redressal systems.
(ii) The UTLIC shall identify the major causes of litigation and
shall recommend suitable measures to the Union Territory
Government to minimize litigation.
(iii) It shall monitor at all stages of the litigation process and
for these purposes introduce a comprehensive reporting and data
flow system.
(iv) Recommendations of the UTLIC, after the approval of the
Government, the same would be implemented directly by the
concerned Departments/Secretariat.
(v) Bimonthly meetings will be held by the UTLIC.
7. Department Level Implementation Committee (Second-tier
Committee).— There shall be a Department Level Implementation
Committee (DLIC) headed by the Secretary of the concerned Department
and comprising of the following Members :
854 LA GAZETTE DE L'ETAT [PART–II
A. Members:
Heads of Departments, concerned Advocate dealing with the case, concerned Official (not below the rank of Group 'B' Gazetted) dealing with the case, Representative of the Law Department.
B. Aim and Function:
(i) To regularly monitor and review the litigation within the Department, to make recommendations for changes in the policies, rules and procedures to the UTLIC and after its approval DLIC will implement it.
(ii) To monitor and review all cases connected to the concerned
Department.
(iii) Cases will be reviewed and reasons for failure will be
ascertained before fixing the responsibility.
(iv) Monthly meetings will be held by the DLIC.
8. Prevention and control of avoidable litigation.— A Grievance Redressal System will be set up at the Union Territory Level to look into the grievances of the employees and parties. By resorting to this system, Departments shall pre-empt a lot of unnecessary litigation through D e p a r t m e n t L e v e l I m p l e m e n t a t i o n C o m m i t t e e . A s t h e orders of Lok Adalats are final, the employees may also be encouraged to settle the disputes before these Lok Adalats. It shall be the responsibility of the DLIC to monitor the aforesaid function.
9. Quick action on legal notices or representations.— Quick action on legal notices or representations shall be taken and a detailed speaking order shall be passed expeditiously in accordance with the rules.
10. Filing of appeals.— The UTLIC or DLIC will take a view on preferring appeal/review, etc., whenever required. Approval of the Government will be obtained as per the Rules of Business of the Government of Puducherry, 1963.
11. Principles governing filing of appeals.— In the case of ex parte/interim orders, the Committee is to take an immediate view whether it will be advantageous to get the order vacated or to file an appeal.
855
PART–II] LA GAZETTE DE L'ETAT
12. Control and management of litigation.— (i) Every Department
in the Government of Puducherry and Head of Departments shall have
one suitable officer as Nodal Officer.
(ii) He shall constantly monitor the proceedings of Court cases
and ensure that there is no delay in the conduct of cases.
13. Pleadings and counters.— (i) Any Suit or Counter/Reply filed
on behalf of the Government to be drafted with precision without any
repetition.
(ii) Appeals shall be drafted with particular reference to
synopsis and list of dates which will state the fact in dispute and issues
involved.
(iii) All relevant and necessary documents shall be included in
the appeal paper book.
(iv) Special formats to be formulated for Civil Appeal, SLP,
Counter Affidavit, etc., which will ensure speedy filing.
(v) All Counter Affidavits/Reply statements shall be approved
by the Law Officers.
(vi) While filing Affidavits, special care has to be taken in cases
where the Union Territory Government or the Central Government is a
party involving issues of Policy or Inter-Departmental or Inter-State
matters or connected with specific directions of Court.
14. Limitations-delayed appeals.— (i) The period of Limitation
should be borne in mind, while processing appeals so as to avoid
violation of time-limits.
(ii) The Heads of Department to maintain a record of cases
dismissed on grounds of delay and the Nodal Officers to submit a report
annually, or quarterly on every case to the Head of Department
explaining the reasons for delay.
(iii) Action to be taken against those responsible for delay. Such
action taken will operate as a deterrent for unsatisfactory work and
malpractices in the conduct of Government Litigation.
856 LA GAZETTE DE L'ETAT [PART–II
(iv) Applications for condonation of delay to be drafted
carefully duly identifying the appropriate reasons.
(v) Heads of Department to formulate appropriate system to
eliminate delays and ensure its implementation.
15. Proper representation.— (i) Law Officers representing the Government of Puducherry before the Courts will ensure that the Union Territory Government is properly represented and there is no procedural lapse regarding submission of process fee and issuance of notice, etc.,
(ii) 15 days time is fixed for the Law Officers to tender their legal
opinions to the Departments.
16. Avoiding adjournments.— (i) The responsible and accountable authority shall oversee that the pleadings shall be completed on the first available date, so as to minimize adjournments.
(ii) The responsibility for delays shall be fixed on the erring
official(s)/officer(s).
17. Periodical review of the pending Court cases.— (i) Periodical
review of pending cases involving both Government of Puducherry and Public Sector Undertakings shall be taken up.
(ii) The Nodal Officers and Law Officers shall review all pending cases and filter out frivolous and vexatious matters in consultation with the Law Department.
(iii) The standard forms shall be devised, which Law Officers
will fill up at the time of filing cases.
18. Amendment Policy.— The UTLIC shall consider reasonable suggestions and proposals for amendment to the Policy that may be received at various levels in achieving the object of the Policy more effectively. The Committee also may recommend modifications in the Policy as when necessary on its own accord.
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