'If State Offices Don't Accept Notice Via Email, Entire Purpose Of E-Filing Will Be Frustrated': Letter To Allahabad Chief Justice [Read Letter]

On April 11, 2020, the High Court had issued an administrative order stipulating that where any advance notice of the petition is to be given to the Government, the same shall be done via e-mail.

The letter penned by Advocate Dhananjai Rai has informed the Court that in gross derogation of the above order, the offices of the Chief Standing Counsel and Government Advocate have refused to accept the notices through e-mail from June 4 onwards.

"During the period of COVID-19 when everyone is being encouraged not to move out from their house and as much as possible social distancing shall be promoted, then it is in-comprehendible how is the office of the Learned Government Advocate and the Chief Standing Counsel are not adhering to the said guidelines," Rai has averred.

He has pointed out that the impugned action of the State office is in contravention of Chapter XII Rule 10 Sub Clause (c) of High Court Rules wherein it has been specifically provided that the manner and mode of service has to be decided by the Registrar General of the court and all parties concerned are bound to follow it.

He has also stated that the whole purpose of filling through electronic mode shall fail if "manual" advance notices have to be served upon the Respondents.

"The aforesaid action of the State offices would frustrate the entire purpose of E-Filing and will render it meaningless as whenever a clerk or counsel would go to serve a notice physically at the state office then he would be vulnerable and open to danger of being infected," the letter states.

It is averred that even though, on May 30, 2020, the High Court allowed the parties to file their respective applications/ writ petitions manually however, the court has neither issued any notice to stop filing of the applications through e-mode nor has it restricted the filing of the petitions through electronic mode.

He has thus urged the Chief Justice to take notice of the anomalies created by the State Offices and to direct them to restore the facility of receiving notices by email, forthwith.

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