Gujarat Tightens Grip on Court Orders, Officials Face Accountability for Delays

GANDHINAGAR: Government departments in Gujarat will no longer be able to sit on High Court judgments without taking a decision. The state government has introduced a strict, time-bound Standard Operating Procedure (SOP) that requires departments to either implement a court order, start an appeal or seek more time within the prescribed deadline.

The move aims to curb administrative delays that can lead to Contempt of Court proceedings and fix responsibility on officials who fail to act within the stipulated period.

The SOP was introduced under the guidance of Chief Minister Bhupendra Patel and the leadership of Deputy Chief Minister Harsh Sanghavi and Minister of State for Law Kaushik Vekariya.

According to a recent circular issued by the Law Department, departments must act promptly after receiving a High Court judgment. They cannot keep a court order pending while deciding what action to take.

Three clear options after court judgment

If a department accepts the High Court judgment, it must take steps to implement the order as per the procedure prescribed by the Finance Department.

If the department wants to challenge the judgment, it must start the appeal process within the prescribed time. It will first have to obtain the advice of the Law Department along with the department’s own views on the case.

The concerned department will also have to comply with the directions issued by the Law Department on June 29, 2024.

The SOP is designed to ensure that officials make a clear choice soon after a judgment instead of allowing files to remain pending.

Appeal proposals must be complete

The government has also tightened the process for filing appeal proposals.

All documents referred to in the note recorded on the e-file must be uploaded on the e-Government system. Relevant documents and references must include clear hyperlinks.

The appeal proposal must contain all required information. A checklist signed by the competent authority must also record the reasons for any delay.

The government said the system will reduce delays caused by missing documents, incomplete proposals and repeated correspondence.

Officials face accountability for delays

The SOP puts responsibility on departments to avoid sending proposals to the Law Department at the last stage of the deadline.

“If an officer is found responsible for violating the prescribed timeframe, the Head of the Department will be responsible for taking necessary action under the applicable rules,” the government said.

Time extension must be sought before deadline

In cases where an order cannot be implemented within the prescribed period, the department must approach the High Court for additional time.

It will have to file a Miscellaneous Civil Application for Time Extension within the deadline fixed in the original judgment.

The new SOP, therefore, creates a clear framework covering three situations: implement the judgment, appeal against it or seek an extension from the court.

The government said the system will help prevent avoidable delays, strengthen administrative accountability and ensure that High Court orders are acted upon within time.