Methodology

Statistical data regarding litigation to which Govt. and its institutions is a party would be collected from the departments concerned in prescribed formats(12). Software support for LITES is provided by the DoIT. Staff would be identified for collecting fresh data and updating information. Updation centers would be identified and they would be given an ID and password for updating the System on line. A feed back and chat mode features are provided in LITES for on line clarification and improvement.

Courts concerned for monitoring litigation in LITES:

Criminal cases & Civil cases
  • Supreme Court
  • High Court incl. Jaipur bench
Civil cases
  • All sub-ordinate courts
  • All Tribunals
  • Arbitrators
Classification of Litigation:
  • Criminal:
    • IPC
    • Special /minor acts
    • Law & Order
    • Anti-corruption
  • Civil:
    • Service matters
      • Appointment, salary & related
      • Transfer
      • Promotion
      • Disciplinary matters
      • Retiral benefits
    • Others
      • Govt., Revenue related
      • Land & Property related
      • Others (consumer, election, contract etc)
  • Contempt:
    • Criminal
    • Civil
  • Arbitration
Color Code for monitoring:

In order to accord priority to important cases for monitoring, the following colour code is assigned:

Red ------- Cases to be monitored at highest level (PsJ /PSs & Secys.). The cases would be monitored on hearing to hearing basis. These are normally cases involving:

  • Financial implications (cases with >Rs.10 cr. Implications)
  • Policy of the Govt. (amendment in acts / policies / orders after cabinet decision)
  • Major projects – (projects costing > Rs.10 cr.)
  • Issues of public importance – (Environmental issues with development implications, PILs )
  • All contempt cases of Supreme Court, High Court, Tribunals
  • Court Cases pending more then 10 years

Orange --- Cases to be monitored by HoDs besides facilitating monitoring of Red category. On hearing to hearing basis. Cases involving:

  • Financial implications ( cases with >Rs.1 cr. to 10 cr. Implications)
  • Policy of the Govt. (important policies/orders of administrative dept. with wider ramification)
  • Major projects–(projects costing>Rs.1 cr. to10 cr.)
  • Issues of public importance at district level
  • All contempt cases of sub-ordinate courts

Green ----- Other than red and orange category to be monitored on quarterly basis.

The above categorization, based on the criteria already mentioned would be done by the concerned departments and the color code would be allotted accordingly.

Monitoring & Performance evaluation:

Intensive monitoring of Red and Orange cases would be undertaken to watch the Government interest and the concerned departments would have to devise an intervention mechanism for effectively contesting these cases. Periodical review meetings with the OICs and the Govt. Advocates to emphasize the importance of these cases and to iron out the difficulties in presenting the cases before the court could be attempted at the departmental level. These cases could be included in the agenda of touring HoDs and Secys in the field.

The performance of the Govt. advocates and the OICs could be assessed on the basis of their success rates in litigation. This would be calculated as a percentage of cases decided in favour of the Govt. from the total number of cases decided in which the concerned person was the GA or OIC. Quick conclusion of Red and Orange cases in favour of the Govt. in comparison to the average time taken for concluding a case in the court could also be additionally considered for performance appraisal.

Feed back and Chat mode:

These features would be available in LITES to improve systems and to clarify issues. Hearing to hearing progress could be ascertained from Jodhpur, Jaipur and Delhi by identifying nodal official for collecting information in the Zone and to have Video-conferencing to update date. In the first phase it could be attempted in Suprime Court and High Court cases.

The Information System could be used to club cases and decide strategies for taking up cases for quick conclusion.

Structural and Procedural Reforms:

Based on the analysis of data and the performance evaluation, suggestions for reforms to maximize efficiency would be sent to the concerned departments.