2021 (7) TMI 335 - HC - Indian Laws

Entitlement of compensation under Section 124A of the Railways Act - untoward incident - officers accountable for the lapses in the handling of the Court cases - HELD THAT - The aim of the National Litigation Policy is to transform the Government into an efficient and responsible litigant. The core issue involved in the Court cases need to be focused and the same have to be managed and conducted in a cohesive, coordinated and time bound manner with the aim to reduce government litigation in Courts. All substantial questions of law in relation to special Economic Laws in view of the changing scenario and economic activity so as to achieve the goal in the national Legal Mission. The National Litigation Policy should imbibe into it the compulsory mediation process by the Government. India has, as its dynamic doctrine, economic democracy sans which critical democracy is chimerical. As a matter of fact, the Supreme Court has observed that even constitutional problems cannot be studied in a socio-economic vacuum, since socio culture changes are the change of the new values and slogging of old legal thought will be part of the process of the new equity loaded legality. The Judge is a social scientist in the role as a constitutional invigilator. This Court is of the view that the directions with respect to the Accountability in Government litigation are in the nature of PIL and therefore, it would be appropriate to list this matter before the PIL Bench - Subject to the orders of Hon ble the Chief Justice, list this matter before Division Bench on 15th July, 2021.

Issues Involved:
1. False claims and defenses raised by the Government.
2. Accountability of government officers in litigation.
3. Compensation claims in railway accidents.
4. Government litigation policies and their implementation.
5. Specific case analyses and judgments.

Detailed Analysis:

1. False Claims and Defenses Raised by the Government:
In several cases, the Government raised false claims and defenses, causing immense injustice to litigants and burdening the courts. The court noted the lack of accountability for government officers who raise false claims, suggesting that adverse entries be made in the officer's Annual Confidential Report (ACR) if their claims are found false. This would ensure accountability and deter such behavior.

2. Accountability of Government Officers in Litigation:
The court emphasized the need for accountability among government officers handling litigation. It referred to the Conduct of the Government Litigation Rules, 2000 of the State of Sikkim, which holds officers accountable for lapses in handling court cases. The court suggested that similar rules be adopted by the Central Government and the Government of National Capital Territory of Delhi (GNCTD).

3. Compensation Claims in Railway Accidents:
Case: Hajara v. Government of India, W.P.(C) 7533/2015
- Incident: A goods train accident at Old Delhi Railway Station resulted in the death of three people.
- Legal Proceedings: The Railway Claims Tribunal dismissed the compensation claim, but the High Court awarded ?18 lakh with 9% interest to the petitioners after noting the false defenses raised by the Railways.

Case: Union of India v. Kiran Kanojia, FAO 265/2014 & Kiran Kanojia v. Union of India, FAO 403/2017
- Incident: Kiran Kanojia, a young woman, lost her leg due to an accident caused by thieves on a train.
- Legal Proceedings: The Railway Claims Tribunal awarded ?3 lakh, which was contested by the Railways. The High Court noted the false defenses and directed accountability for the officers involved.

Case: Geeta Devi v. Union of India, FAO 22 of 2015
- The court noted the false claims raised by the Railways and suggested the need for a designated law officer to handle such cases responsibly, with adverse entries in their ACR for false claims.

4. Government Litigation Policies and Their Implementation:
The court discussed various policies aimed at improving government litigation practices:
- State of Haryana Litigation Policy – 2010: Aimed at reducing pendency and delays in courts by transforming the government into an efficient and responsible litigant.
- National Litigation Policy, 2010: Intended to reduce government litigation and ensure responsible conduct. However, it was never implemented.
- Action Plan to Reduce Government Litigation, 2017: Highlighted steps taken by different departments to reduce pendency, such as setting monetary thresholds for filing appeals and introducing mediation at the pre-litigation stage.

5. Specific Case Analyses and Judgments:
Case: M/s Cement Corporation of India Ltd. vs Mohan Singh, RFA No.457/2017
- Incident: Cement Corporation of India contested a suit for possession and recovery of rent on various grounds, all of which were rejected by the Trial Court.
- Legal Proceedings: The High Court noted the false claims raised by Cement Corporation and issued a notice for action under Section 209 IPC. The Corporation later handed over possession and paid arrears, regretting the false claims.

Submissions and Judicial Observations:
- The court took judicial notice of the fact that government entities are the largest litigants, often engaging in wasteful and unjust litigation.
- It referenced various Supreme Court observations and Law Commission reports emphasizing the need for a litigation policy to reduce government litigation and ensure responsible conduct.
- The court highlighted the importance of a National Litigation Policy that includes compulsory mediation, accountability, and efficient management of cases to reduce pendency and costs.

Conclusion:
The court concluded that the directions regarding accountability in government litigation are in the nature of a Public Interest Litigation (PIL) and should be listed before the PIL Bench. It appreciated the valuable assistance provided by the amicus curiae and the Law Researcher.

Future Directions:
The court suggested that the matter be listed before a Division Bench for further consideration and emphasized the need for a comprehensive National Litigation Policy to ensure responsible litigation by the government.

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