: FRIVOLOUS LITIGATION BY GOVT and PSUs

Date: 08-08-2014                 SUGGESTION                                 By email and post

To,

Hon’ble Minister for Law & Justice

Ministry of Law and Justice, Govt of India

A-Wing, Shastri Bhawan,

New Delhi-110 001

secy-jus@gov.in

anilgulati@hotmail.com

Hon’ble Sir,

Subject: FRIVOLOUS LITIGATION BY GOVT and PSUs –Need of National Litigation Policy

I thank BJP Govt for taking series of steps to make life of common Indians easy when dealing with Govt. I have been witness to real good governance in Gujarat in last one decade.

I humbly make suggestion for improving justice to common Indians less taxing:

National Litigation Policy was published by your predecessor in 2010, but for unknown reasons it could not be implemented. At present govt departments [Central and States] and PSUs [ specially banks and Insurance Companies], go on fighting up to constitutional bench of Hon’ble Supreme Court, against a common Indian. They do so at the cost of public money with no accountability of officers to public. There is hardly any policy or audit or prescribed procedure for taking decisions for filing of endless appeals. Many times it is just ego-massaging exercise of officers. Kick-backs from advocates’ fees cannot be ruled out. The common men get tired of litigation because of cost, time and expertise, in addition to mental tension and agony. Such appeals choke the courts giving rise to delay for decades.

I append below cases where Govt or PSUs went on misusing their financial power at public cost to “legally” crush common Indian:

A] SUPREME COURT OF INDIA

 CIVIL APPEAL NO. 6261 OF 2012

Gurgaon Gramin Bank Versus Smt. Khazani

Judgement dated 04-09-2012

B] SUPREME COURT OF INDIA

SLP (CIVIL) NO(s). 39434 OF 2013

HARYANA DAIRY DEVELOPMENT COOPERATIVE FEDERATION LIMITED v/s JAGDISH LAL

Date of judgement 13-01-2014

C] HIGH COURT OF DELHI

CM (M) No. 1021/2010 & CM No. 14150/2010

M/S National Textile Corporation Limited v/s Sh. Kunj Behari Lal

Judgment delivered on: 16-08-2010

These are tip of the iceberg, since I understand 50% pending cases in various courts and tribunals/consumer commissions are by or against Govt/PSUs. Due to delay in justice delivery, citizens are fast losing faith in judiciary and governments and are tempted to resort to short-cuts adding to illegal activities. Law violators do not care for govt or courts due to horrible delay.

For decades Central Govt has been talking of stopping frivolous litigation by Govt and improving justice delivery, but no effective steps are taken on the ground. I am sure BJP govt. is different and have genuine motive to make life of common Indian easy while seeking justice. I therefore humbly suggest that this Govt should revive NATIONAL LITIGATION POLICY and sincerely implement with necessary changes.

Thanking you

Yours faithfully,