Introduction: The General Administration & Public Grievance Department (GAD) of the Government of Odisha, in a recent directive (GAD-SER2-CASE1-0005-2024), has addressed the issue of non-implementation of court orders in pending contempt cases. The letter, dated 12.02.2024, emphasizes the importance of adhering to court directives and outlines the necessary steps to be taken by various government departments.
Detailed Analysis: The directive highlights the dissatisfaction expressed by the Hon’ble High Court regarding the failure to implement court orders despite ongoing contempt proceedings. It underlines the legal principle that court directions must be implemented within the specified timeline or that an appeal should be filed with the appropriate appellate authority, accompanied by obtaining stay orders.
The communication points out a lack of positive action by most departments in this regard. To address this, the concerned Secretary of each department is instructed to download all pending Contempt Petitions from the LMS (Litigation Management System) and delegate a Senior & Responsible officer to the office of the Learned Advocate General. This officer is tasked with obtaining the list of pending contempt petitions along with all relevant enclosures.
Moreover, the directive stresses the urgency of reconciling the pendency list at the departmental level. Departments are required to take immediate action, either by implementing court orders or ensuring the filing of appeals within the prescribed timeline. The importance of obtaining stay orders is emphasized to prevent any adverse consequences. The directive concludes by emphasizing that this matter should be given topmost priority, and failure to act appropriately may lead the Hon’ble Court to view such lapses seriously.
Conclusion: In conclusion, the Government of Odisha, through the General Administration & Public Grievance Department, is taking proactive measures to address the issue of pending contempt cases. The directive provides a clear roadmap for departments to follow, emphasizing the urgency and importance of complying with court orders. By outlining specific actions to be taken, the government aims to avoid any adverse consequences and ensure a swift and effective resolution of pending contempt proceedings. This initiative underscores the commitment of the government to uphold the rule of law and judicial directives.
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GOVERNMENT OF ODISHA
GENERAL ADMINISTRATION & PUBLIC GRIEVANCE DEPARTMENT
GAD -SER2- CASE1-0005- 2024
Letter No: 4463
Date: 12.02.2024
To,
All Additional Chief Secretaries
All Principal Secretaries
All Commissioner cum Secretaries
Sub: IMMEDIATE ACTION TO BE TAKEN IN PENDING CONTEMPT CASES RELATING TO RESPECTIVE DEPARTMENT
Sir,
I am directed to inform you that in recent times, Hon’ble High Court have expressed dis-satisfaction on non-implementation of their orders despite pendency of Contempt Proceedings. It is a settled principle of law that the directions passed by Hon’ble Court must either be implemented in letter and spirit within the timeline prescribed or the authority should file appeal before the appropriate appellate authority and stay orders should be obtained.
However, most departments are not taking any positive action in this regard. It is therefore directed that the concerned Secretary of Department shall (a) Download all pending Contempt Petitions from the LMS and (b) depute a Senior & Responsible officer to the office of Learned Advocate General to obtain the list of pending contempt petitions along-with all enclosures. The pendency list must be reconciled at department level. Departments shall take immediate action either to implement the orders passed by Hon’ble Court or ensure filing of appeal in the appropriate forum within the prescribed timeline as per law and obtain a stay order. THIS MUST BE ATTACHED TOPMOST PRIORITY. Failure to act appropriately may force the Hon’ble Court to take a serious view of such lapse.
Yours faithfully,
ACA, GA & PG
