COMPENDIUM OF INSTRUCTIONS Miscellaneous Matters

Compendium of Instructions - Miscellaneous Matters—Vol. IX
Subject :- Non-compliance of the order/directions issued by the Hon’ble Punjab and Haryana
High Court.
Will all Financial Commissioners/Commissioners and Secretaries to Government Haryana
refer to the State Government letters of even number dated 4-1-1996, 11-6-97, 6-10-97, 26-2-98 and
3-3-98 on the subject noted above wherein it has been repeatedly stressed that delay in processing the
Court cases, as also in the implementation Court orders/judgements should be avoided.
2. However, it has been observed that the instructions in question are still not being followed
meticulously with the result that the contempt petitions are filed against the concerned Administrative
Secretaries and the Chief Secretary to Government of Haryana. It has also been observed that often
the legal opinion of Advocate General, Haryana/L.R. for filing review petitions/S.L.P./L.P.A. etc, if
necessary, is sought and/or received after the expiry of the prescribed limitation, as a result of which
the State Government is left with no option but to carry out the directions of the Hon’ble Courts not
with-standing its dissatisfaction with the decision of the Courts.
3. The State Government has taken a serious view of the matter and it has been decided that in
all matters where adverse decisions have been announced by the High Court against the State
Government, a conscious view may be taken at the level of Administrative Secretary immediately after
receipt of the orders of the High Court whether an L P A or S L P in the Supreme Court is required to be
filed and it should be ensured that wherever such L P A or S L P is justified in public interest, needful
is done within the prescribed limitation period.
4. It is clarified that the Administrative Secretaries will be held personally liable in the event of
any failure to do the needful in such cases. Therefore, a Monitoring Register must be maintained of all
the Court cases in every Department. These instructions should be brought to the notice of all concerned
for strict compliance. Any default will be viewed seriously by Government.
To
Sd/-
Joint Secretary General Administration,
for Chief Secretary to Government, Haryana.
All the Financial Commissioners/Commissioners and Secretaries to Government, Haryana.
U.O. No. 62/30/95-6GSI Dated Chandigarh, the 4-9-98
No. 62/30/95-6GSI Dated Chandigarh, the 4-9-98
A copy is forwarded to the L.R. for information and necessary action.
Sd/-
Joint Secretary General Administration,
for Chief Secretary to Government, Haryana.
364