Delay in filing SLP...Col Lamba

Inordinate delay in filing Appeals / SLP against Court Orders on service matters: Instructions regarding


No.49014/2/2016-Estt.C Pt

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

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North Block, New Delhi-110001

Dated :4th July, 2016


OFFICE MEMORANDUM


Subject :- Inordinate delay in filing Appeals / SLP against Court Orders on service matters: Instructions regarding

The undersigned is directed to refer to this Department's OM No.28027/9/99-Estt.(A) dated 1.5.2000 and OM No.28027/1/2016-Estt.A-III dated 16.3.2016 (copies enclosed) relating to the instructions on the questions of consultation and filling appeals and to say that there are instances where the Government of India has lost cases mainly on account of delay in filing appeals or when limitation period is over. There are also instances where the Apex Court has dismissed an SLP on account of delay.



2. It has repeatedly been pointed out that it is primarily the responsibility of the Administrative Ministry / Department to ensure that timely action is taken at each stage of a court case. In no case should the proceeding of case take so much time that it results in contempt proceedings. The appropriate action should be taken by the Ministry or Department within the stipulated time; and if there is a delay, the reasons for the same should be determined and the file submitted to the competent authority.


3. All the Ministries / Departments of Government of India are requested that a careful watch may be kept on ongoing litigation so that in no circumstance, a case is lost because of delay.

(Mukesh Chaturvedi)

Director (Establishment)

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Col Lamba ( one man army )