GOVERNMENT IS RESPONSIBLE TO FOLLOW ADVICE OF THE LAW DEPARTMENT TO TACKLE THE PENDENCY

FINALISATION OF CASES PENDING IN THE COURTS AND INSTRUCTIONS THERE IN:-- Instructions issued by the Chief Secretary of govt of HP to all Administrative Secretary and the HOD observed that in respect of the cases pending in courts including the High court it has become general practice to postpone action relating to the such cases that the case is subjudice for which people concerned may have to wait for decisions long time till the decision of the Courts are announced. As such the matter has been considered in consultation with the law department and it appears that there is no legal bar to continue with the departmental action . except when there is a stay order by the court order when the matter is of such nature that it is advisable to wait the decision of the court .In the latter case , it will be better for the Administrative Department to seek the. advice of the law department in such individual cases whether to pend or to proceed with the case departmentally.The said instructions issued vide number 3-53/71-GAC,dated 5-2-1972 to kept in view in future and receipt of the communication may be acknowledged. Keeping in view the above mentioned position and situation of the pending cases as well as the pendency of courts it is necessary to follow the instructions made by the study of impact assessment realised by the government so that people may be able to get their rights and benefits as applicable under law code manual prefixed by the various review and revision of the held confirmations time to time verified and concluded by the DOPT as well as the other concerned however pending in the courts or referred by the courts to Administrative Department for further follow up