Provincial Litigation Policy

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.

Salient features


To ensure that litigation section/cell of a department is as important as other sections. However, all other sections (internal or external if related to the case) are equally responsible to cooperate while filing/contesting cases


It guides to place correct facts, all relevant documents before the court/tribunal and not to mislead them


It guides about progress review of departments both internally and externally via notified departmental committees


It sensitizes the government departments in important cases for efficient and timely disposal


To put in place an external monitoring mechanism to review progress of the line departments in terms of success/failure and determine responsibilities


To lay down a model for departmental litigation sections.


To lay down incentives based litigation model

Principles of Efficiency


Progress Review Committee (PRC)

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

1. Departmental Progress Review Committee (DPRC)

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).

  • To conduct quarterly performance review of the litigation section of the department and that of the attached formations in terms total number of cases at different courts, progress made in cases, issues and the line of action adopted
  • To recommend action to the next higher authority against the officer/official on account of poor performance and negligence of duty in a case or cases
  • To review cases for possible resolution/settlement at the Committee’s level or by means of negotiation with complainant/litigant to withdraw his case or cases accordingly
  • To furnish minutes/reports of the quarterly meeting to Law Department regularly

2. Provincial Progress Review Committee (PPRC)

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).

  • To conduct quarterly performance review of the department in terms total number of cases at different courts, progress made in cases, issues and the line of action adopted.
  • To recommend action to the next higher authority against the officer/official on account of poor performance and negligence of duty in a case or cases
  • To furnish a consolidated performance report on a proper format to the Chief Secretary for decision

Efficient Litigation Section

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

Litigation Management Information System (LMIS)

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

Incentive Plan

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

The specific objectives of the plan are to :

  1. Encourage higher levels of performance by clearly identifying priorities followed by incentives paid for successful achievement of that performance
  2. Facilitate and ensure posting/retention of competent and willing officers/officials in the litigation sections
  3. Increase the level of accountability for tangible output
  4. Enable the litigation staff to adhere to best practices in planning, goal-setting, and performance management
  5. Promote the attributes of hard work, focus, teamwork, and honesty