KALABURAGI: In a unique oral judgment by the Kalaburagi Bench of the High Court recently, Justices Suraj Govindraj and Chillakur Sumalatha advised the chief secretary to examine inordinate delays in filing appeals by various departments.
It appears that there is no structural institutional mechanism for timely evaluation of adverse judicial orders and prompt decision-making regarding filing of appeals, the judges reprimanded.
Senior advocate P Vilaskumar arguing for Nandkishore Bagare, a typist at SS Margol College of Arts, Science and Commerce of Shahabad town of Kalaburagi district, said the petitioner had sought the grant as typist at the college with consequential benefits, including arrears. A single-judge bench on November 12, 2024 ordered in favour of the petitioner and asked the government to complete the exercise within four weeks, failing which it would be considered as non-compliance with judicial directions. But, the state government filed the reply only after contempt proceedings were started and requested for condoning of the delay.
The judges said the government departments are under a special obligation to ensure that litigation is conducted with diligence and responsibility. Considering all these facts, the court said, the chief secretary may consider putting in place a standardised system or protocol across all departments to ensure that decisions regarding appeals are taken within the period prescribed under law, avoiding the necessity of seeking condonation of substantial delays as in the present case.
The court said the issue involved in the present case is not merely confined to the delay in filing the present appeal, but reflects a systemic problem in governmental litigation management.
Having regard to the recurring nature of this issue, this court is of the view that the chief secretary, being the head of the state administrative machinery, would be required to examine it at an institutional level and put in place a structured monitoring mechanism across all departments of the government to ensure timely consideration and filing of appeals. Where delay occurs due to administrative inaction or negligence, responsibility shall be identified at the appropriate level, so that similar lapses do not recur, the HC observed.