Rajasthan HC Flags State Officials' Failure To Adequately Assist Courts, Govt Counsel In Pending Matters; Warns Of Disciplinary Action

While hearing a petition wherein no final order was passed by the disciplinary authority pursuant to an inquiry report filed in 2014, Rajasthan High Court observed the lackadaisical attitude of Officers-in-Charge (OCs) and their failure to discharge their duties under Rule 233 of the Rajasthan Law and Legal Affairs Department Manual 1999 (“the Manual”).“This Court feels pain to observe that most of the Officers-In-Charge of cases are not adequately assisting in the matters pending before this Court. They are repeatedly taking excessive time in Court proceedings in a casual manner, failing to provide proper support to the governmental counsels. Due to their negligence, the Court is not in a position to proceed with the cases, as State counsels often request the Courts to seek additional instructions, leading to frequent deferrals of proceedings from one date to another. In such the fundamental right of the parties to have circumstances, their cases disposed of expeditiously is being violated.”The bench of Justice Anoop Kumar Dhand stated that there was a need to streamline and redefine the entire system for the benefit of all the stakeholders, and it was the right and high time for all State Departments to instruct the OCs of all cases to follow their duties under Rule 233 of the Manual in its letter and spirit. The Court also held that if OCs were overburdened, additional appointments be done for speedy disposal of cases. Taking serious note of the situation, the Court directed the Secretary, State of Rajasthan to file an affidavit detailing formulation of strict guidelines for improvement of situation and directions to all OCs of cases of all State Departments to remain cautious in future with respect to all pending cases before the Court where State Government was a party. Furthermore, the Advocate General and the Principle Law Secretary were directed to direct all Additional Chief Secretaries, Principal Secretaries, Secretaries and Head of Departments to instruct all Law Officers and OCs of the cases to be present in the Court whenever needed and to keep the Government Counsel updated with progress report and outcome of matters pending at level of departments. The Court observed that, “The Government is a party in the maximum number of pending litigations, before this Court. With its vast machinery, the government is well-equipped to find solutions to various situations. It is not in a more disadvantageous position than an ordinary litigant. Law officers and Officers-In-Charge should not be allowed to remain idle and Courts must ensure that they are not part of any delaying tactics that hinder the timely disposal of cases.”Finally, it was held that any such absence of proper assistance from OCs shall be viewed seriously and in case any adverse order was passed due to such lackadaisical approach of the OC, it shall be his/her personal responsibility making him/her liable for strict disciplinary action. Title: Sardar Mal Yadav v State Elementary Education and Ors. Citation: 2025 LiveLaw (Raj) 58Click Here To Read/Download Order

Rajasthan HC Flags State Officials' Failure To Adequately Assist Courts, Govt Counsel In Pending Matters; Warns Of Disciplinary Action

Nupur Agrawal

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