Rajasthan High Court Criticizes Officers-in-Charge for Inadequate Support to Government Counsels

In a recent judgment, the Rajasthan High Court expressed significant concern over the negligent conduct of Officers-in-Charge (OCs) in various state departments, highlighting their failure to adequately assist government counsels in ongoing legal proceedings. This observation was made during the hearing of a petition where the disciplinary authority had not issued a final order despite an inquiry report being submitted in 2014.

Court's Observations on Officers-in-Charge

Justice Arun Monga, presiding over the case, noted with dismay that many OCs exhibit a lackadaisical attitude towards their responsibilities as outlined in Rule 233 of the Rajasthan Law and Legal Affairs Department Manual of 1999. The court emphasized that such negligence leads to unnecessary delays in court proceedings, as government counsels often request additional time to seek instructions due to inadequate support from the OCs. This practice not only hampers the judicial process but also infringes upon the fundamental rights of parties awaiting timely resolution of their cases.

Directive for Systemic Overhaul

Acknowledging the pressing need for systemic reform, the court called for a comprehensive restructuring to benefit all stakeholders involved. It urged all state departments to ensure that their OCs diligently adhere to their duties as specified in the manual. The court also recommended that if current OCs are overburdened, additional appointments should be made to facilitate the swift disposal of cases.

Mandate for Accountability and Compliance

To address the issue decisively, the court directed the Secretary of the State of Rajasthan to submit an affidavit detailing the formulation of strict guidelines aimed at rectifying the current shortcomings. These guidelines should instruct all OCs across state departments to exercise greater caution and diligence in managing pending cases where the state government is a party.

Furthermore, the court instructed the Advocate General and the Principal Law Secretary to ensure that all Additional Chief Secretaries, Principal Secretaries, Secretaries, and Heads of Departments mandate their Law Officers and OCs to be present in court as required. They are also to keep government counsels informed about the progress and outcomes of matters pending within their respective departments.

Implications for Government Litigation

The court underscored that the government is a party in the majority of pending litigations before it. Given the government's extensive resources, it is well-positioned to address various challenges effectively. However, the observed negligence of OCs not only undermines the efficiency of government counsels but also leads to frequent adjournments, thereby delaying justice. The court's directives aim to enhance accountability and ensure that government litigation is conducted with the seriousness and efficiency it warrants.

Conclusion

This judgment serves as a critical reminder of the essential role that Officers-in-Charge play in the judicial process. Their active and diligent participation is crucial for the timely and effective resolution of cases involving the state. The Rajasthan High Court's directives seek to instill a sense of responsibility among OCs and ensure that government counsels receive the necessary support to perform their duties effectively, ultimately upholding the rights of all parties involved.