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Bhubaneswar, Sept 22: The state government Friday asked all departments under it to submit responses to courts in time in keeping with a recent Supreme Court directive against official delays. The apex court had July 21 told the state: “Despite our orders and despite the affidavit filed before this court, we find that there is no improvement in the system of functioning.”
“Hereafter, in case any matter is filed at the instance of the state, either before the high court or the SC with delay, the officials in the concerned departments starting from the rank of dealing hand to the highest officials in the rank of principal secretary shall not be entitled to any pensionary benefits including gratuity for the said period of delay unless specifically granted by the HC or this court,” the apex court said.
The court also asked the government to furnish names of officials responsible for delay while submitting its application seeking condonation of delay. The court made it clear that the state government can initiate proceeding against the non-functional officials and recover the loss from them.
As finance department is the government’s referral department, it is impleaded as opposite party or respondent in most cases, along with other departments, even if it may not have financial implications.
Finance secretary TK Pandey wrote to department heads pointing out that there was an inordinate and unjustifiable delay in filing appeal petitions and Special Leave Petitions (SLP) before the High Court and Supreme Court, which was leading to dismissal of the petitions.
He noted that if departments concerned could comply with court directives in time, the merits of the case could have been examined. “The departments of government are not taking timely follow up action on receipt of the orders of the courts leading to contempt cases against all the opposite parties or respondents and proposals are received by finance department for hasty implementation of the Court’s order in view of contempt notices,” Pandey said.
In a report, the Comptroller and Auditor General of India (CAG) has also pointed this out. The audit report said that out of 243 cases test checked by audit of one department, no counter affidavit was filed by the concerned department in 239 cases for which ex-parte order was passed against the government.
