PESHAWAR, Dec 16: Taking exception to the lack of interest by the officers concerned in defending legal cases against the government, high-ups of different departments have issued directives that senior and responsible officers should be deputed for looking after such cases in different courts of law.

In two separate office orders issued by the Secretary of Works and Services Department and Director of Primary Education and Literacy Department, specific directives were issued, asking the officers concerned to properly assist the office of advocate-general of the NWFP.

The secretary stated that disciplinary action should be taken against the officer concerned for losing a government case and the loss incurred by the government should also be recovered from him.

He stated: “In future step-by-step proceedings of the cases in which judgments are passed against the government, shall be examined and in case it is found that the decree against the government was due to the failure or negligence of the officer concerned in assisting law officers attending courts or in providing required documents/data not in time, etc. the loss incurred by the government shall be recovered from the officer concerned besides initiating disciplinary proceedings against the officers concerned under the NWFP Government Servants (Efficiency and Disciplinary) Rules 1973 and Removal from Services (Special Powers) Ordinance 2000.”

The secretary further ordered that the officer concerned not below the rank of deputy director/executive engineer should prepare para-wise comments in reply to the petition and he should provide other relevant documents and assist the law officer. It was added that the officer/official nominated for the defence of the case should contact the government pleader/advocate-general a day before the date fixed by the court and he should personally attend the court and record court proceedings in his office file under his signature.

Similarly, the Director of Primary Education has asked all the Executive District Officers (Education) that an officer not below the rank of BPS-16 who was well conversant with the fact of the case may be deputed to defend the cases in various courts and they should provide requisite assistance to the government pleader, advocate-general. The officer should attend the court regularly on each hearing till the decision, the office order stated.

The director observed that the court cases were not followed/pursued properly and junior officials were nominated to look after the cases as a result of which a large number of cases were decided against the government, creating embarrassment for and financial losses to the departments concerned.

Moreover, he added, the order/judgment of the courts were not implemented in time and the appellant again approached the courts for implementation of judgments which led to further litigation with unnecessary wastage of funds and also contempt of court proceedings against senior officers.