Methodology


o   Colour Coding

In order to accord priority to important cases for monitoring, the following colour code is assigned:

Red :-          Cases to be monitored at the highest level (ACS /PS/Secys.) Court cases which involve one of the following:

a. Financial implications more than Rs.10 Cr.

b. Policy of the Government (Amendment in acts / policies / orders after cabinet decision).

c. Issues of public importance – (Environmental issues with development implications, PILs)

d. All contempt cases of Supreme Court, High Court, Tribunals.

e. Court Cases which are pending in court more than 10 years.

Orange --- Cases to be monitored by HoDs besides facilitating monitoring of Red category.

 Cases involving:

a. Financial implications more than 1 Cr. and less than 10 Cr.

b. Policy of the Govt. (Important policies/orders of administrative dept. with wider ramification).

c. Issues of public importance at district level.

d. All contempt cases of sub-ordinate courts.

Green ----- Other than red and orange category to be monitored on a quarterly basis.

The above categorization, based on the criteria already mentioned would be done by the concerned departments and the color code would be allotted accordingly.

 

o   Monitoring & Performance evaluation

§  Intensive monitoring of Red and Orange cases would be undertaken to watch the Government interest and the concerned departments would have to devise an intervention mechanism for effectively contesting these cases. Periodical review meetings with the OICs and the Govt. Advocates to emphasize the importance of these cases and to iron out the difficulties in presenting the cases before the court could be attempted at the departmental level. These cases could be included in the agenda of touring HoDs and Secys in the field.

 

§  The performance of the Govt. Advocates and the OICs could be assessed on the basis of their success rates in litigation. This would be calculated as a percentage of cases decided in favor of the Govt. From the total number of cases decided in which the concerned person was the GA or OIC. Quick conclusion of Red and Orange cases in favor of the Govt. In comparison to the average time taken for concluding a case in the court could also be additionally considered for performance appraisal.

 

 

o   Classification of Litigation

Statistical data regarding litigation to which Govt. and its institutions are a party would be entered & updated from the departments concerned in prescribed formats. Software support for LITES is provided by the DoIT&C. User-ID and Password given to each department for updating the Court Cases on-line.

Courts concerned for monitoring litigation in LITES:

Criminal cases & Civil cases

1. Supreme Court

2. High Court incl. Jaipur bench

Civil cases

1. All sub-ordinate courts

 2. All Tribunals

3. Arbitrators

Classification of Litigation:

I. Criminal:

a. IPC

b. Special /minor acts

c. Law & Order

d. Anti-corruption

II. Civil:

a. Service matters

a. Appointment, salary & related

b. Transfer

c.  Promotion

d.  Disciplinary matters

e.  Retirement  benefits

b. Others

a.   Govt., Revenue related

b.    Land & Property related

c.     Others (consumer, election, contract, etc.)

III. Contempt:

a. Criminal

b. Civil

IV. Arbitration