{"id":56127,"date":"2019-02-11T18:42:56","date_gmt":"2019-02-11T13:12:56","guid":{"rendered":"https:\/\/dwarkaparichay.com\/blog\/?p=56127"},"modified":"2023-10-21T10:54:37","modified_gmt":"2023-10-21T05:24:37","slug":"clogging-of-courtsindian-with-cases-remedies-reflection-an-action-plan","status":"publish","type":"post","link":"https:\/\/dwarkaparichay.com\/blog\/clogging-of-courtsindian-with-cases-remedies-reflection-an-action-plan\/","title":{"rendered":"CLOGGING OF COURTS[Indian] WITH CASES-Remedies, Reflection & an Action Plan."},"content":{"rendered":"\n
\"\"<\/figure><\/div>\n\n\n\n

Vijay K. Saluja*<\/strong><\/p>\n\n\n\n

It is a known fact, that there are huge backlog  & pendency of cases, in various courts at all levels. Figures about the pending cases & years since which these are pending,are also in the public domain.. Various remedial measures, to tackle the situation have been given\/debated at various fora.Suggestions have been asked by various agencies\/NGOs about ways to minimise the back logs.<\/p>\n\n\n\n

In this connection, I have the following observations\/suggestions to make\u2014<\/p>\n\n\n\n

Good percentage of the cases in various courts, pertain to service matters.<\/p>\n\n\n\n

Sizable percentage of cases among these, after their final decisions, are received from the courts, reveal, that in those matters, if actions\/decisions had been taken fairly & impartially, within reasonable time-period & with due application of mind, by the concerned organisations\/departments, then these would not have warranted litigation at all!<\/p>\n\n\n\n

In number of cases, the honest & conscientious officials, had been driven from pillar to post for their `devotion to duty`, harassed, not given their due and dishonest\/colluding\/non-performers\/proven corrupt colleagues, pampered\/patronized by the seniors\/system. Thus, leaving no option for the conscientious\/honest officials,but to knock the doors of the Courts, for relief\/ succour.<\/p>\n\n\n\n

Result-
-More [avoidable] clogging of courts.
-Demoralization of the honest-performers causing physical, financial, mental, social, spiritual stress et al.
-Sending wrong signals in the concerned organization & creating wrong work-culture.
-Big loss of exchequer, as at times, the departments\/organisations are being defended by leading private lawyers engaged at huge fee, at state expenses.
-Department`s own legal department, intentionally taking a back seat or colluding..Another example of spoilt work culture!
-More corruption,diluton of work-ethics et al<\/p>\n\n\n\n


What needs to be done, to avoid this situation? An ACTION PLAN–<\/p>\n\n\n\n

 Adopt measures to bring about accountability, fairness, following of laid down conduct rules,responsiveness amongst the officials\/elected representatives<\/p>\n\n\n\n

How?<\/p>\n\n\n\n

First taking up the matter with the concerned administrative\/legislative authorities for corrective\/punitive actions in a fair manner.<\/p>\n\n\n\n

Or<\/p>\n\n\n\n

filing a PIL, interalia with the following prayer<\/p>\n\n\n\n

That in case the State looses the case, then<\/p>\n\n\n\n

Responsibility needs to be fixed of the recalcitrant officers\/officials\/elected representatives, for dereliction of duty.\/non application of mind\/unfairness\/partialty etc etc.<\/p>\n\n\n\n

The concerned honest officer needs, to be suitably compensated in a reasonable time, for all the avoidable stresses, caused to him.<\/p>\n\n\n\n

After proper investigation of various aspects, public funds, the State, has spent in defending a `lost` case should be recovered from the personal accounts of the recalcitrant officials, though, enough care is required that there is no `personal agenda `to be settled and bonafide decisions taken, are duly defended. <\/p>\n\n\n\n

Progress to be monitored by an Independent Agency<\/p>\n\n\n\n

Result
Less clogging of courts
Huge saving of exchequer
Will bring in accountability\/responsiveness.
Better productivity\/Optimum utilization of scarce public funds
Better work culture.
Morale boosting of honest & conscientious officers
Fear of laid down rules
Better quality of governance thus better productivity in the System.<\/p>\n\n\n\n

*Director,Giraffe Heroes India\u00a0\u00a0<\/em><\/strong>www.giraffe.org\/global\/india<\/em><\/strong><\/a>
Senior Fellow,Institute of Social Sciences,New Delhi\u00a0 \u00a0<\/em><\/strong>www.issin.org<\/em><\/strong>
Former Chief Engineer,New Delhi Municipal Council\\
Past President, IIT Delhi Alumni Association<\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Vijay K. Saluja* It is a known fact, that there are huge backlog  & pendency of cases, in various courts at all levels. Figures about the pending cases & years since which these are pending,are also in the public domain.. Various remedial measures, to tackle the situation have been given\/debated at various fora.Suggestions have been asked by various agencies\/NGOs about ways to minimise the back logs. In this connection, I have the following observations\/suggestions to make\u2014 Good percentage of the cases in various courts, pertain to service matters. Sizable percentage of cases among these, after their final decisions, are received <\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[64,92,508,1],"tags":[],"class_list":["post-56127","post","type-post","status-publish","format-standard","hentry","category-articles","category-better-india","category-problems-and-issues","category-update"],"_links":{"self":[{"href":"https:\/\/dwarkaparichay.com\/blog\/wp-json\/wp\/v2\/posts\/56127","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dwarkaparichay.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dwarkaparichay.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dwarkaparichay.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dwarkaparichay.com\/blog\/wp-json\/wp\/v2\/comments?post=56127"}],"version-history":[{"count":2,"href":"https:\/\/dwarkaparichay.com\/blog\/wp-json\/wp\/v2\/posts\/56127\/revisions"}],"predecessor-version":[{"id":69326,"href":"https:\/\/dwarkaparichay.com\/blog\/wp-json\/wp\/v2\/posts\/56127\/revisions\/69326"}],"wp:attachment":[{"href":"https:\/\/dwarkaparichay.com\/blog\/wp-json\/wp\/v2\/media?parent=56127"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dwarkaparichay.com\/blog\/wp-json\/wp\/v2\/categories?post=56127"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dwarkaparichay.com\/blog\/wp-json\/wp\/v2\/tags?post=56127"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}