Govt. sets guidelines to deal with court cases, orders

In the light of High Court directing the Karnataka government to set up a mechanism to implement court orders in the State, the government has issued an order fixing responsibilities and a time frame with respect to cases where government, boards, corporations or agencies are a party.

The order from the Department of Personnel and Administrative Reforms (DPAR) comes in the light of court’s observations that a large number of civil contempt of court petitions were being filed by citizens alleging the failure of government officials in adhering to the court’s orders. The HC in its observation on December 2 had said that government should appoint nodal officers to ensure implementation of court’s order.

Following the order, the government has fixed responsibilities by specifying the nodal officers at different levels for the cases. In cases where State government is a party to the case in which secretary, principal secretary or additional chief secretary represent the government, they are made the nodal officer to supervise the case. In cases where Deputy Commissioners or department heads represent the government in the case, they are made the nodal officer to monitor the implementation of the court order.

In those cases before the High Court, Supreme Court or Karnataka Administrative Tribunal, the government has released a detailed guideline to honour the interim orders or any other orders at different levels by fixing responsibilities, time limit and the way in which the court orders have to be implemented.

Other contempt cases

Sources in the government said that besides citizens initiating contempt proceedings against the government, a number of contempt cases have initiated by government officers in respect to transfers, promotions, inquiries and other service matters.

“As recently as 2019, the Kalaburagi bench of High Court had started contempt proceedings against Public Works Department secretary over a junior engineer’s transfer. The case had not been brought to his notice and he almost came close to be arrested,” sources said, adding that in 1995 IAS officer and Urban Development Secretary J. Vasudevan had to go to jail over a promotion issue in what was then Bangalore City Corporation.

Sources said while it is difficult for the departmental head to track all the cases, the lower level bureaucracy also displays negligence in taking court matters seriously. “It is a combination of negligence and also lack of understanding of court orders,” sources added.