Gujarat Government Issues Time-Bound SOP for Compliance With High Court Judgments; Action Likely Against Negligent Officials
Ahmedabad: The Gujarat government has taken an important step towards making the administrative system more transparent and accountable for the time-bound compliance of High Court judgments. The government has laid down a Standard Operating Procedure (SOP) for all administrative departments in the state, under which they will have to act in accordance with the prescribed process and timelines after receiving a court order. The main objective of the SOP is to prevent unnecessary delays in implementing judgments and to avoid situations that could lead to contempt of court.
According to a recent circular issued by the Law Department, failure to take timely action after a court order can delay the implementation of the directive. The new SOP makes the process time-bound in order to reduce such administrative delays.
Action or Appeal
If the concerned administrative department accepts a High Court judgment, it will have to take the necessary action in accordance with the procedure laid down by the Finance Department.
When a department considers it appropriate to appeal against a judgment, it will have to initiate litigation proceedings within the prescribed timeframe after obtaining the advice of the Law Department along with its departmental opinion. The concerned administrative department will also be responsible for ensuring compliance with directions issued by the Law Department on June 29, 2024.
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This means that, after a judgment is delivered, instead of keeping it pending, the department will have to decide in a time-bound manner whether to accept the order or initiate legal proceedings against it.
Documentation for Appeals
While preparing an appeal proposal, it will be mandatory to upload the documents referred to in the note recorded in the e-file on the e-Government system. Relevant documents and references will have to be clearly noted with hyperlinks, and the proposal will have to provide the required details.
Provision has also been made for a checklist signed by the competent authority, in which necessary information, including reasons for delay, will have to be recorded. This will ensure documentary completeness and procedural clarity in appeal proposals, while helping reduce delays caused by unnecessary correspondence or missing documents.
Accountability for Delays
The government has clarified that the concerned department will be responsible for preventing unnecessary delays caused by sending proposals to the Law Department at the final stage of the prescribed timeframe.
If any officer is found responsible for a violation of the prescribed timeline in any case, the head of the department will be responsible for ensuring necessary action under the applicable rules.
Seeking Additional Time
In some cases, it may not be practically possible to implement a High Court order within the prescribed period. Examples include unavailability of records, lack of essential service-related information, or a lengthy process for taking a decision in accordance with the judgment.
In such circumstances, the concerned department will have to file a Miscellaneous Civil Application for Time Extension before the High Court and seek additional time. Importantly, this application for additional time must be filed within the timeframe prescribed by the High Court in the original judgment. Instead of keeping it pending until the final deadline, the concerned department will be responsible for submitting it to the court on time.
The new SOP has established a clear administrative route for all three situations after a High Court order: implementation, appeal, or seeking an extension of time. It is expected to help increase timeliness in the implementation of judicial orders, reduce unnecessary delays and make the accountability mechanism more effective.