No appeals against ex parte orders: Litigation policy


Seeking to streamline government litigation, the Goa Litigation Policy cleared by the Cabinet Wednesday directs that no appeals need to be filed against ex parte and interim orders “unless it causes great inconvenience and prejudice” and wants an attempt to be first made to vacate the order.
In a bid to cut down litigation, the policy says that appeals must be made in intra courts and government should not directly approach the High Court or Supreme Court.
The new policy directs that in service matters, appeal will not be filed when the matter is on an individual grievance or if the matter pertains to any pension or retirement benefits and when it does not involve any principle or does not set a precedent.
In cases of agitations, the policy states that unless it involves serious damage to public property or serious injury to officials, appeals should not be filed in the courts.
The policy says that appeals will not be filed in the Supreme Court unless it is a question of law or if public finances are affected or where the High Court has exceeded its jurisdiction.
The policy speaks of alternative dispute resolutions and points out that litigation between public sector undertakings is causing great concern and says that before initiating such litigation the matter should be placed “before the highest authority in the public sector.”
It also shows displeasure towards adjournments by government lawyers, saying it will be frowned upon.
Admitting that government documentation in courts is “untidy, haphazard, incomplete and full of typing errors” the new litigation policy cleared by the Cabinet wants formats to be made for appeals and affidavits. (Facts stated above are as per the Goa Litigation Policy) [H]