The state government has issued guidelines for all its departments to take matters of court seriously and avoid strictures or contempt petition. All department heads and the staff have been directed to strictly meet the deadlines in filing the affidavits and department views which will help the government counsels to effectively plead the case. 

The concerned officers will have to hold timely discussions with the government pleader to prepare a reply and keep the senior officers updated about the court proceedings. In the event of a delay, the concerned staff will face disciplinary action. The government has issued a detailed notification in this regard on July 3.

Speaking to DNA, a law and judiciary department officer said, “The objective of these guidelines is to strictly adhere to deadlines in filing necessary documents for the court, and ensure attendance of the concerned officials to avoid adverse remarks from the judges and subsequently be awarded show cause notice for contempt. In the absence of inputs and department views, the government counsel would not be able to effectively argue the case which may impact the case.” 

He informed that in the event of a negative order from the court, it will be the responsibility of the concerned department officers to seek the opinion of the law and judiciary department and file an appeal or review petition or special leave petition in the courts.

He said the rural development department, on a pilot basis, will update information on various court cases in ‘Manage My Lawsuits’ file. Such practice can be followed by other departments too.

The government’s move is crucial considering that the Supreme Court on May 31 had threatened contempt proceedings against Maharashtra government officials for “virtually overriding” its order staying 10% quota to students of economically weaker sections (EWS) in admissions to postgraduate medical and dental courses in the 2019-20 academic year. Further, the Bombay High Court in August last year had issued a show cause notice for contempt of court to the state transport department for allegedly not complying with its direction on fitness tests and appointment of adequate technical staff for the same.

Further, the Bombay High Court had expressed its displeasure for delays in filing affidavit and absence of concerned officers in the court while hearing a case pertaining to the rural development department.

Managing Lawsuits

• All department heads and the staff need to strictly meet the deadline in filing the affidavits and department views 
• Government counsels and pleaders will have to be briefed properly to plead the case effectively
• It will be mandatory for department heads to take a timely review of ongoing cases 
• Rural development department will update information on various court cases in ‘Manage My Lawsuits’ file