HC may resort to ‘coercive steps’ to ensure implementation of orders

The HP High Court has taken serious note of the non-implementation of its orders and decisions.

The court took note of one such case and observed that “in the matters in which the orders passed by the court have attained finality but were not being taken to their logical end and the litigants were suffering because of laxity and incompetence on the part of the officers/officials of the state. As a result, the workload on the docket of the court, particularly in execution petitions being preferred against the state, was increasing day by day, causing loss of time and energy as well as finance not only of the government and the litigants but also of the court.”

A Division Bench comprising Justice Vivek Singh Thakur and Justice Satyen Vaidya observed that “in such a situation, when despite repeated adjournments granted by the court to ensure compliance with orders but are not implemented, the court is left with no other option but to resort to coercive measures for ensuring the implementation of orders.”

The court passed the order on an execution petition filed by a retired employee seeking his pension benefits. During the course of hearing, the Additional Advocate General present placed on record the instructions issued on September 16, 2024, by the Director Health Services. He informed the court that the decision upon this matter submitted by the Health Department to the Finance Department was still awaited.

After perusing the same, the court granted the last opportunity to the state government with a direction to the Secretary (Health) as well as the Secretary (Finance) to the Government of Himachal Pradesh to ensure urgent steps were taken for the expeditious redress of the grievance

of the petitioner by ensuring the implementation of the order passed by this court, preferably within two weeks positively.

The court cautioned the officers that failing which, on the next date, the Secretary, Finance (Regulation), should be present with the relevant record to assist it with regard to the steps taken for the implementation of the order. The court listed the matter for further hearing on October 1.