To avoid litigation, Punjab officials to get tips on exercising statutory powers

Saurabh Malik

Chandigarh, May 22

It’s back to basics for Punjab Government officers exercising statutory powers.

Over a month after the Punjab and Haryana High Court called for an affidavit specifying whether a system was in place for imparting training to them, the Chief Secretary has stated that necessary directions have been issued to get the officers trained at Mahatma Gandhi State Institute of Public Administration. This was in addition to the generalised training.

A Single Judge of the High Court, vide order dated April 10, had issued general directions to the Chief Secretary to file an affidavit “as to whether there is any system of imparting training to the officers of the State of Punjab, apart from the generalised training, to exercise statutory powers with respect to implementation of statutory provisions of the Essential Commodities Act, 1995.”

The direction was issued after it was found that lack of knowledge about the statutory provisions had resulted in litigation. As the matter came up for resumed hearing, the Chief Secretary’s affidavit filed pursuant to the order was placed before the Division Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli

Among other things, it was stated that necessary directions had been issued to get the officers trained at the institute “regarding exercising statutory powers delegated to them, along with generalised training, with the object to reduce the litigation”.

The affidavit said all the departments had been directed to get their officers trained at the institute for exercising statutory powers delegated to them, along with generalised training, to reduce litigation.

“As the directions issued by the Single Judge have been complied with, the issue as regards training/sensitisation stands resolved, the Bench asserted.

In his order, the Judge had asserted: “It, prima facie, appears that because of lack of knowledge about the statutory provisions that the officers exercise their powers without the application of mind or in ignorance of the statutory provisions. A mechanism has to be developed to impart training in a specialised manner. The avoidable litigation can be reduced only by taking appropriate steps in this regard.”

The direction came after Justice Jasgurpreet Singh Puri was informed that about 71 writ petitions were earlier filed, wherein the District Food Supply Controller passed an order without any authority of law “since she was not even vested with the power to pass an order of suspension”. The Bench was also told that a fresh order also prima facie appeared to be in total violation of an order and may again open “flood gate of litigation” as it was done in the earlier case.

Govt affidavit to HC

All departments have been directed to get their officers trained at the Mahatma Gandhi State Institute of Public Administration, Punjab, Chandigarh, for exercising statutory powers, to reduce litigation. — Govt affidavit