Allahabad High Court asks UP to create dedicated legal teams to avoid delay in filing appeals

The Allahabad High Court Tuesday directed Uttar Pradesh government to take necessary steps to avoid filing of appeals beyond the statutory limits, observing that treating State's delays differently would set a dangerous precedent [State of UP And Others vs M/S Harish Chandra India Limited]..Justice Shekhar B Saraf said it was incumbent upon the government to create a specialised procedure to expedite the filing of appeals within the prescribed time period. It is the taxpayers' money that the government deals with, and such a cavalier and lackadaisical approach in preferring appeals cannot be allowed, the Court said while rejecting an appeal moved by the State in an arbitration matter after a delay of 224 days..The Court suggested the State to have dedicated legal teams within each department for monitoring legal matters and ensuring that all necessary actions including the filing of appeal happen within the prescribed time limit.“By having a dedicated team in place, the government can ensure that there is a clear line of accountability and that legal matters are handled with the urgency they deserve. These teams should consist of experienced legal professionals who are well-versed in the relevant laws and procedures. They should also have the authority to make quick decisions and act promptly to avoid unnecessary delays,” the Court said..It also said that the government could implement robust tracking and monitoring systems to oversee the progress of legal cases. These systems could provide real-time updates on the status of each case, including key deadlines and any actions that need to be taken, the Court noted.The Court stressed on the need to have a centralised tracking system, so that the government can ensure that all stakeholders are aware of the critical timelines and can take timely action to comply with them..It also suggested issuance of clear guidelines and protocols for handling legal matters to reduce the risk of errors.“Accordingly, a direction is issued upon the Principal Secretary (Law), Government of Uttar Pradesh, to take necessary steps, in order to avoid the filing of appeals beyond the statutory time limits, by the Government. The Principal Secretary (Law) is also directed to submit a report before this Court on the action taken in this regard within 6 months from the date of this judgment. The Principal Secretary (Law) may take assistance of a committee of experts as may be required,” the Court ordered..The Court reasoned that while government's bureaucratic and procedural delays might seem compelling due to cumbersome government operations, the laws applies to all in the same manner.Any delay by the government cannot be treated as special or condoned beyond what is permissible under the Arbitration & Conciliation Act, it added.“The idea that the government should not be given preferential treatment in legal matters is fundamental to the concept of justice, which dictates that all parties, regardless of their status or resources, must adhere to the same legal standards and timelines,” the Court further said.It further reasoned that while bureaucratic and procedural delays are a common issue within government bodies due to various factors and can indeed slow down the process of filing appeals, they cannot be accepted as valid reasons for extending the statutory time limits..Particularly, with regard to arbitration, the Court said the law was designed to ensure that arbitration remains a swift and efficient method of dispute resolution. Allowing exceptions for governmental delays would undermine this objective, it said.“Granting the government special privileges in the form of extended time limits would violate this principle and create a perception of bias. Such a perception could undermine public confidence in the legal system, as it would suggest that the government is above the law and not subject to the same rules as everyone else. Treating government delays differently would set a dangerous precedent,” it added..Thus, the Court said that while the government may face certain administrative and procedural challenges, it must take adequate measures to ensure that appeals are filed within the prescribed time limits“The efficient handling of legal matters, including the timely filing of appeals, is a crucial aspect of governance that directly impacts public trust and the proper utilization of public resources. Given the significant volume of legal cases that government departments and agencies are involved in, it is essential that the government establishes robust mechanisms to ensure compliance with statutory timelines, particularly under the Act,” the Court stressed. .Additional Chief Standing Counsel Rishi Kumar represented the State.Advocate Mohd Arish represented the respondent.[Read Order]