High Officers as Respondents in Writ Petitions - CabSec Instructions
THE cabinet Secretary has noted that when Secretaries and other officers are shown as respondents in writ petitions with which they are not concerned, they refuse to accept the correspondence on the plea that it does not concern them. Their sole focus is to seek their exclusion from the Writ Petition. But, they simultaneously do not provide suitable guidance directly to the Law Officer regarding the Ministries/ Departments that are actually responsible for the matter at issue. As a result, much time is lost. The Law Officer has to spend his time and resources in needless correspondence with these Respondents.
So the Cabinet Secretary has advised that when a Court matter is inadvertently marked to an officer, the Law Officer concerned should be suitably advised regarding the Respondent actually concerned with the legal matter at issue. It is for the Ministry/ Department that receives the court order to directly inform the Law Officer of the correct Ministry/ Department dealing with the matter.
CBEC has communicated the CabSec's letter to all the Chief Commissioners and Commissioners.