It has been the utmost priority of the Provincial Government to emphasis on welfare legislation and social reforms. The Provincial Litigation Policy is aimed to transform all government departments and attached formations into efficient and responsible litigants. This policy adheres to the responsibility of the government to protect the rights of citizens while strictly adhering to the laws, rules and regulations in vogue. The primary objective of this policy is to reduce unnecessary litigation workload of the departments in courts so as to avoid wastage of valuable time of the courts and government. This Policy will also enable the officers heading the litigation sections of the departments to work more efficiently and objective oriented.
In order to streamline working of litigation sections and make an efficient environment therein, it is direly needed to vigilantly review progress and efficiency of these sections both internally and externally. For the purpose, the following two tiers of Progress Review Committee are laid down
The DPRC Committee to be notified by the concerned department preferably under the Chairmanship of the Special Secretary concerned. However, those departments where the post of Special secretary does not exist shall notify the same under any well versed officer but not below the rank of Additional Secretary or BPS-19. The rest of composition shall include members from the concerned attached formations, litigation section, and any coopted expert(s).
The PARC Committee to be notified by the Law Department under the Chairmanship of Secretary Law Department. The rest of composition shall include Advocate General, Khyber Pakhtunkhwa, Chairman Departmental Progress Review Committee of the concerned department, Additional Secretary (Judicial) and any coopted expert(s).
Despite significant role in safeguarding the public interest, the litigation sections of the departments/attached formations have always been marginalized. The Sections mostly suffer from issues like lack of qualified and experienced staff, necessary equipment, and transportation facility. Due to cumbersome and unattractive nature of work, the officers/officials avoid postings and resultantly either unwilling workers are posted or the positions are filled on additional charge basis. To address this ignored area for better service delivery, model of a strengthened and efficient litigation sections is laid down for implementation by the departments. The Administrative Heads are required to ensure the following
A litigation section shall have all required equipment as per need. The following dedicated equipment shall be made available to each litigation section in the requisite quantity.
For timely attendance in outstation courts, submission of comments/replies, hearings, and meetings with line formations and other regulatory departments, every litigation section shall be provided with a good condition dedicated pool vehicle (to be authorized by administration department) with provision of necessary POL
For instant and handy use as reference in other similar cases, the court decisions in different cases whether in favour or against the department shall be listed and preserved/scanned in the system. The record of cases shall be categorized and maintained on the given sample format
For in time submission of para-wise replies in court cases and other requisite preparation/consultation, timely coordination with concerned sections is imperative. Thus, section officer litigation/in-charge of the section in the departments shall on regular basis share their monthly schedule of cases/hearings with all concerned sections
Apart from record keeping and management of cases at departmental level, the overall load shall be supervised through Litigation Management Information System by the Law Department. All technical support to be provided by the PMRU
While expecting best results in litigation, departments are required to carry out the litigant activities in an efficient and effective manner. To keep the litigation staff motivated and committed for best possible results, there shall be a mechanism whereby they can be rewarded on account of excellent performance. Pivotal in this reward concept is how and to what extent incentive be tied to litigation staff performance. The incentive will not be treated the same way for every position. However, every department should be able to identify certain performance objectives it wants its litigation staff to fulfill