Jammu, May 14: J&K Law Department following previous instructions but not acting on its non compliances, causing lot of adverse orders, again issued instruction regarding timely filing of objections /replies/ Counter Affidavits, LPAs / Writ Petitions/ SLPs before the Hon'ble Supreme Court, the Hon'ble High Court of Jammu and Kashmir & Ladkah and the Central Administrative Tribunal (CAT) and strict adherence to Instruction thereof.
Details with CTN read as under:-
The Hon'ble High Court of Jammu and Kashmir & Ladakh upon hearing the case bearing WP(C) No. 1618/2023 titled Ali Mohammad Wani vs.UT of JK and Ors vide order dated 22.04.2026, has sought personal appearance of Commissioner/ Secretary to Government, Department of Law, Justice & PA and has inter-alia observed as under: " ......
05. It is being noticed by this Court that in a large number of cases involving the Government replies are not being filed within the stipulated time, despite repeated opportunities being granted. Such a practice not only contributes to the mounting backlog of cases, but also seriously impedes the efficient administration of justice. It is necessary that an effective and time bound mechanism is to put in place to ensure;
i. Prompt transmission of records to the concerned counsel; ii. Timely preparation and filing of replies/objections; iii. Effective monitoring of pending cases; and iv. Fixation of responsibility upon officer who are remiss in discharging their duties.
06. Such a mechanism would not only facilitate effective representation of the Govt before the Courts but also obviate the necessity of passing coercive orders against the Government and safeguard the public interest' Subject: Reference: Order dated 22.04.2026 and 05.05.2026 passed by Hon'ble High Court of Jammu and Kashmir & Ladakh in WP(C) No. t61812023 titled Ali Mohammad Wani vs.UT of JK and Ors.
07. It is further brought to the notice of this Court that the learned Law Officers have been consistently issuing communications/reminders and made telephonic request in this regard to the concerned officers for filing of reply in time, yet the para wise reply is/are not being given to the counsel engaged well in time, with the result the counsel representing a particular department is not a position to file the response well in time. In case, that be the position, then the Secretary Law shall fix the responsibility on such officers, who are remiss in drafting of para wise comments/reply well in time, as a result of which, adverse orders are passed against the Government and interest of Government are hampered in such like cases..........
19. The present order is being passed only to ensure that an effective mechanism is put in placq so that the replies are filed well within time so as to obviate the necessity of passing coercive orders against the Govt and safeguard the public interest. Again, vide order dated 05.05.2026 the Hon'ble High Court of Jammu and Kashmir & Ladakh has inter alia observed and directed as under:
01. Mr Achal Sethi, Commissioner Secretary Department of Law, Justice and Parliamentary Affairs is present in person.
02. Mr Achal Sethi, Commissioner Secretary Department of Law, Justice and Parliamentary Affairs, who is present in person, has assured this Court that in the light of the observations made by this Court in the detailed Order passed by this Court on 22nd April, 2026, the Government has taken all the appropriate measures in order to ensure that such situation is avoided in future and an effective mechanism is put in place by providing proper and timely assistance to the Government Counsels by the concerned oficers and also strict compliance with respect to the various directions issued by this Court in various cases concerning the Government.
03. In addition, Mr Achal Sethi, Commissioner Secretary Department of Law, Justice and Parliamentary Affairs assures this Court that an effective mechanism shall be put in place so that the replies are filed we// within time and to obviate the necessity of passing coercive order against the Government and safeguard the public interest.....
" In this regard the Department of Law, Justice and Parliamentary Affairs vide Government Order No. 1673-JK(LD) of 202t dated 24.03.2021, Government Order No. 1675-JK(LD) of 2021dated 24.03.2021, Government Order No. 1677-JK(LD) of 2021dated 24.03.2021, Government Order No. 1678-JK(LD) of 2021 dated 24.03.2021 and Government order No 2048- l, OIC shall keep close liaison with the Department and Government Counsel contesting the case on behalf of the Government. He shall make inquiries into the fact as necessary in the case, He shall collect all relevant files rules, notifications, orders and documents. iv. He shall Draft a para-wise and aive additional the Government for obiecions/reply. He shall contact Govemment Counsel and keep close liaison and seek asstance of Law Officer posted in the department, wherever required.
He shall ensure that the relevant record of the case is provided to the counsel or the court without delay as the case may be. He shall get the reply prepared and vetted by the Government Counsel and approved by the department before it is signed and frled before the Hon'ble Court. He shall assist the Counsel and always keep himself aware of date fixed, its status and progress of the case.
He shall inform Depaftment as and when ordey'judgment is passed. In case of his transfer, he shall handover file to his successor. He shall be authorized to sign Vakalatnama and all the pleadings in terms of Order .
WWI Rules I and 2 of the Code of Civil Procedure, 1908 and shall be deemed to be recognized agent by whom appearances, and and applications under the Code of Civil Procedure may be made or done on behalf of the Govemment. V. VI v . tx. X. vIK(LD) of 2026 dated 13.02.2026,in pursuance to the Administrative Council Decision No. 35l4lZ02L dated 10.03.2021, has laid down mechanism for appointment of Officer In charge (OIC) Litigation and has assigned the role and responsibilities of Officer In charge (OIC) Litigation/Law Officers/Government Counsels who shall inter-alia be responsible for monitoring of the Litigation against the Government in terms of said orde(s).
The following duties and responsibilities of Officer In charge (OIC) Litigation/ Law Officers/Government Counsels have been prescribed ; namely : I. Duties and responsibilities of Officer In charge (OIC) Litigation: xi. In case two or more Departments are sued jointly, one OIC shall be appointed by the Law Department who shall perform all the above functions.
In case of any conflid between the contesting respondents, each department shall prepare a report, which shall be forwarded to the Department of Law, justice & Parliamentary Affairs through the respective administrative department for advice. The Department of Law, Justice and Parliamentary Affairs will decide which stand is just and legal and will issue instructions regarding the matter.
The OIC shall represent all departments and there shall be one OIC per case except in exceptional cases where Government can appoint more than one OIC.
The said decision ought to be taken in a time bound manner keeping in view the period of limitation. In case appeal is required to be filed, it is to be forwarded to the Law Department in a devised format at an earliest or at least one month before the expiry of the limitation period which shall be clearly reflected.
Accordingly, It is hereby impressed upon all the OfficerIncharge Litigation's, Law Officers and Government Counsels tocomply with the aforesaid duties and responsibilities in letterand spirit and any lapses, negligence, or casual approach inthe conduct of litigation and filing of replies within the timeframe as prescribed hereinabove, shall be viewed seriously andaction against the officers found involved shall be taken inaccordance with rules.
Any negligence on part of any OIC shallbe reported to the concerned Administrative Department/General Administration Department for appropriate actionunder Civil Services Regulation/ Rules.
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