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Vijaykumar M Sheelvant vs The State Of Karnataka
2025 Latest Caselaw 7847 Kant

Citation : 2025 Latest Caselaw 7847 Kant
Judgement Date : 29 August, 2025

Karnataka High Court

Vijaykumar M Sheelvant vs The State Of Karnataka on 29 August, 2025

Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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                      HC-KAR


                             IN THE HIGH COURT OF KARNATAKA, AT
                                             DHARWAD
                           DATED THIS THE 29TH DAY OF AUGUST, 2025
                                               BEFORE
                       THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
                       WRIT PETITION NO. 101061 OF 2025 (GM-RES)
                      BETWEEN:

                      VIJAYKUMAR M. SHEELVANT,
                      AGE: 63 YEAS, OCC: ADVOCATE,
                      R/O: PLOT NO.10, 1ST CROSS,
                      NADGIR PARK, SADHANKERI,
                      DHARWAD - 580 001.
                                                                   ...PETITIONER
                      (BY SRI. M. L. VANTI, ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA,
                           REPT. BY THE PRINCIPAL SECRETARY,
                           HOME DEPARTMENT, VIDHANASOUDA,
                           BANGALORE - 560 001.
Digitally signed by
GIRIJA A.
BYAHATTI              2.   THE UNDER SECRETARY TO THE GOVERNMENT,
Location: High             (POLICE SERVICE-B), HOME ADMINSTRATION,
Court of
Karnataka,                 KAVERI BHAVAN, BENGALURU.
Dharwad Bench,
Dharwad
                      3.   DIRECTOR GENERAL AND INSPECTOR
                           GENERAL OF POLICE, KARNATAKA STATE,
                           BANGALORE - 01.

                      4.   I ADDL, SOLICITOR AND EX-OFFICIO,
                           DEPUTY SECRETARY TO GOVERNMENT,
                           HOME DEPARTMENT VIDHANASOUDHA,
                           BENGALURU - 560 001.
                                                                 ...RESPONDENTS
                      (BY SRI. SHARAD V. MAGADUM, AGA)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTIONS DIRECTING THE
RESPONDENTS TO PAY THE PROFESSIONAL FEES OF THE
PETITIONER AS PER BILL NO. I AND II AMOUNTING TO RS.
44,59,500/-, AS PER ANNEXURE-E DATED 16/11/2023 ALONG
WITH 18% INTEREST TILL REALISATION, TO MEET ENDS OF
JUSTICE AND ETC.,

     THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED ON 18.08.2025, COMING ON FOR PRONOUNCEMENT
OF ORDERS THIS DAY, COURT MADE THE FOLLOWING:

                          CAV ORDER

     (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)


1.   The petitioner, who is a former State Public Prosecutor

     practising in the High Court of Karnataka, more

     particularly at the Dharwad Bench, is before this Court

     seeking the following reliefs:


     i.    Issue a Writ in the nature of Mandamus or any
           other appropriate writ, order or directions
           directing the respondents to pay the Professional
           Fees of the petitioner as per bill No. I and II
           amounting to Rs. 44,59,500/-, as per Annexure-
           E dtd. 16/11/2023 along with 18% interest till
           realisation, to meet ends of justice.

     ii.   Grant such other relief's as this Hon'ble Court
           deems fit in circumstances of the case.
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2.   The second respondent, Home Department, taking into

     consideration that the petitioner is a State Public

     Prosecutor,          appointed          him         as    a    Special        Public

     Prosecutor         to    conduct         a    case        on   behalf       of       the

     Government              arising      out       of        Crime     No.63/2022,

     registered by the Old Hubballi Police Station, popularly

     known as the Hubballi Riots Case, vide appointment

     letter dated 17.05.2022. A notification towards that

     effect was also issued, stating that his emoluments

     would be in terms of the Government Order bearing No.

     ME 106 ¥À¦E 2019(E) dated 22.12.2020, at Annexure-A. The

     said notification is reproduced hereunder for easy

     reference:

     ¸ÀASÉå:ME 141 ¥À¦E 2022(E)
                                                        PÀ£ÁðlPÀ ¸ÀPÁðgÀ ¸ÀaªÁ®AiÀÄ,
                                                                   «zsÁ£À ¸ËzsÀ,
                                                     ¨ÉAUÀ¼ÆÀ gÀÄ, ¢£ÁAPÀ: 17.05.2022
                                     C¢ü¸ÀÆZÀ£É

      ²æÃ «dAiÀÄPÀĪÀiÁgÀ ªÀĺÉñÀégÀ¥àÀ ¹Ã®ªÀAvÀ, ªÀQîgÀÄ, zsÁgÀªÁqÀ EªÀgÀ£ÄÀ ß zÀAqÀ
     ¥ÀæQæAiÀiÁ ¸ÀA»vÉ 1975gÀ PÀ®A:24gÀ G¥ÀPÀ®A(8)gÀrAiÀÄ°è ¥ÀæzÀvÛÀªÁzÀ C¢üPÁgÀªÀ£ÄÀ ß
     ZÀ¯Á¬Ä¸ÀÄvÁÛ, (PÉÃAzÀæ C¢ü¤AiÀĪÀÄ ¸ÀASÉå:2/1974) zÀAqÀ ¥ÀæQæAiÀiÁ ¸ÀA»vÉAiÀÄÄ
     wzÀÄÝ¥ÀrAiÀiÁzÀAvÉ, (1978gÀ wzÀÄÝ¥Àr C¢ü¤AiÀĪÀÄ) ºÀ¼ÉúÀħâ½î ¥Éǰøï oÁuÉAiÀÄ
     C¥ÀgÁzsÀ ¸ÀASÉå:63/2022gÀ ¥ÀæPÀgÀtzÀ°è ¸ÀPÁðgÀzÀ ¥ÀgÀªÁV ¸ÀA§AzsÀ¥l    À Ö ªÀiÁ£Àå
     eÉ.JA.J¥sï.¹ ªÀÄvÀÄÛ ¸ÀvÀæ £ÁåAiÀiÁ®AiÀÄzÀ°è ºÁdgÁUÀ®Ä ªÀÄvÀÄÛ ¥ÀæPÀgÀtªÀ£ÄÀ ß
     £ÀqɸÀ®Ä «±ÉõÀ ¸ÀPÁðj C©üAiÉÆÃdPÀgÀ£ÁßV ªÀÄÄA¢£À DzÉñÀzÀªÀgÉUÉ £ÉëĹzÉ.
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                                                     WP No. 101061 of 2025


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      «±ÉõÀ ¸ÀPÁðj C©üAiÉÆÃdPÀgÀ ¸ÀA¨sÁªÀ£É/ªÉZÀѪÀ£ÄÀ ß ¸ÀPÁðgÀzÀ DzÉñÀ ¸ÀASÉå: ME
     106 ¦¦E 2019, ¢£ÁAPÀ: 22.12.2020 gÀ£éÀAiÀÄ ¤AiÀĪÀiÁ£ÀĸÁgÀ ¥Àj²Ã°¹
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     ¤jÃPÀëPÀgÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ EªÀjUÉ ¸ÀÆa¹zÉ.

                                                 PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ
                                                       ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,
                                                               Sd/-
                                                      (¨ÁtzÀgÀAUÀAiÀÄå.J£ï.Dgï.)
                                                   ¸ÀPÁðgÀzÀ C¢üãÀ PÁAiÀÄðzÀ²ð,
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                                                          M¼ÁqÀ½vÀ E¯ÁSÉ
                                                   zÀÆgÀªÁt ¸ÀASÉå: 22033294

3.   Subsequently, on 03.06.2022, the fourth respondent,

     Deputy Secretary to Government, Home Department,

     appointed the petitioner as a Special Public Prosecutor

     to conduct cases on behalf of the Government in

     Criminal Petition Nos.101469-2022 - 101480-2022,

     pending on the file of the High Court of Karnataka,

     Dharwad Bench, which in fact arose from Crime

     No.63/2022-74/2022, as also all cases arising out of

     Crime No.63/2022 stating that the remuneration shall

     be as per the Government Order No.HD 4948 HCP.2

     2009 dated 25.08.2020, vide Annexure-B.                                The said

     notification is reproduced hereunder for easy reference:
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                                          WP No. 101061 of 2025


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     No:HD:4136:HCP-1:2021.
                                 Karnataka Government Secretariat,
                                         Vidhana Soudha,
                                  Bengaluru, Dated: 03-06-2022.

                              NOTIFICATION

               In exercise of the powers conferred by the
         proviso to sub-section (8) of section 34 of the code of
         Criminal Procedure 1975 (Central Act. No.2 of 1974)
         as amended by the Karnataka Law Officers
         (Appointment Conditions of Services) Rules 1977, Sri
         Vijaykumar Maheshwarappa Sheelvant, Advocate,
         Dharwad, is hereby appointed as a Special Public
         Prosecutor for conducting Crl.Pet.Nos. 101469/2022 -
         101480/2022 - on the file of Hon'ble High Court of
         Karnataka, Dharwad Bench, and any case/s arising
         out of Crime Nos.63/2022-74/2022, registered by the
         Old Hubballi P.S., Hubballi on behalf of the State of
         Karnataka.

              Remuneration of the above said Special Public
         Prosecutor shall be as per the Government Order No.
         HD 4948 HCP.2 2009, Dated: 25-08-2020.


                                By Order and in the name of the
                                  Governor of Karnataka

                                            Sd/-
                              (VIJAYALAXMI GHANAPUR)
                          I Additional Solicitor and Ex. Officio,
                           Deputy Secretary to Government,
                                  HOME DEPARTMENT.


4.   In terms thereof, the petitioner alleges that 4 bills were

     raised, Bills no 3 and 4 were paid but Bills no.1 and 2
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     were not paid, and it is in that background that the

     aforesaid reliefs are sought for.


5.   Sri.M. L. Vanti, learned counsel for the petitioner would

     submit that;

     5.1.   Initially the appointment was made to prosecute

            on behalf of the State in Crime No.63/2022.

            Subsequently, on the criminal petitions being

            filed, the scope of representation on the part of

            the petitioner was enlarged to that before the

            High Court as also any other matter arising out

            of Crime No.63/2022, and the emoluments in

            terms of the second notification were fixed as per

            the Government Order bearing No.HD 4948

            HCP.2/2009, dated 25.08.2020, and as such,

            although the earlier emoluments fixed in the

            notification dated 17.05.2022          were under a

            different   Government      Order,    the    subsequent

            notification   overriding    the   earlier   notification
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          requires remuneration to be paid in terms of the

          Government Order dated 25.08.2020.

   5.2.   The petitioner has conducted all the matters

          assigned to him before the Magistrate Courts in

          the Sessions Court at Hubballi, City Civil Sessions

          Judge   and   Special Court      for    NIA   cases at

          Bengaluru, as also the High Court of Karnataka

          both at the Principal Bench at Bengaluru and the

          Dharwad      Bench     on   several    occasions,    and

          thereafter    he     tendered   his    resignation   on

          13.06.2023.

   5.3.   The bills which have been submitted have been

          cleared only in respect of those pertaining to the

          appearance before the High Court of Karnataka

          at the Principal Bench and Dharwad Bench. The

          bills raised as regards appearance before the

          District Court at Hubballi, Additional City Civil

          and Sessions Judge, Special Court for NIA cases

          have not been cleared.
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   5.4.   In that background, the petitioner had sent a

          reminder on 07.08.2024. A further request was

          made on 14.08.2024.             Though the payments

          towards the bills raised for appearance before

          the High Court of Karnataka Principal Bench and

          Dharwad Bench had already been made, the

          respondents once again paid the said amount.

          Noticing      the     mistake   on        the   part   of   the

          respondents, the petitioner immediately informed

          the respondents about the same and returned

          the amounts by cheque bearing No.000030,

          dated         27.08.2024,       and         requested       the

          respondents to make payment of the other bills,

          that    is,    Bill   No.1   and     2,    relating    to   the

          appearances before other Courts.

   5.5.   No action having been taken, another reminder

          was issued on 12.12.2024. The petitioner has

          been following up with the respondents for

          payment, which has not been made. M. L. Vanti
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            submits    that       a    direction    be    issued    to     the

            respondents to make payment of the amounts as

            per Bill Nos . 1 and 2.


6.   Sri.Sharad Magadum, learned AGA, submits that:

     6.1.   There is a distinction between the notification at

            Annexure-A and Annexure-B, inasmuch as the

            notification     at       Annexure-A         relates    to     the

            proceedings arising out of Crime No.63/2022, as

            regards which the emoluments have to be paid

            as per the Government Order dated 22.12.2020.

            It is only in regard to the appearance before the

            High Court of Karnataka at Principal Bench and

            the Dharwad Bench under the second notification

            that the Government Order dated 25.08.2020 is

            applicable. As such, the respondents are willing

            to make payment on Bills No. 1 and 2 in

            accordance with the notification at Annexure-A

            and the Government Order dated 22.12.2020,

            rather    than    the           Government      Order        dated
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            25.08.2020. Therefore, given four weeks' time,

            the said bills will be processed in that manner.

     6.2.   His further submission is that the petition having

            been filed virtually for recovery of money, the

            petitioner ought to have approached the court of

            appropriate jurisdiction for such recovery, and a

            direction by way of mandamus cannot be issued

            in the present matter.


7.   Heard Sri.M.L.Vanti, learned counsel for the petitioner

     and Sri.Sharad Magdum, learned AGA for the State.

     Perused the papers.


8.   The points that would arise for determination in the

     present matter are:

     i.     Whether     the       writ     petition    is
            maintainable for the reliefs sought?

     ii.    Whether the notification at Annexure-
            B would override the notification at
            Annexure-A, or, are they required to
            be treated separately?

     iii.   What order?
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9.   I answer the above points as under:

10. Answer to point No.(i): Whether the writ petition
     is maintainable for the reliefs sought?

     10.1.   Though the learned AGA seeks to contend that

             the writ petition is not maintainable and a

             recovery suit has to be filed, I am unable to

             agree with the said submission.

     10.2.   A notification having been issued for appointment

             of the petitioner to appear before various courts,

             as regards which emoluments have been agreed

             to be paid as per the applicable government

             orders, I am of the considered opinion that,

             firstly, the respondents being state authorities,

             secondly, the aspect involved in the present

             matter relating to discharge of public duties

             inasmuch as the petitioner was engaged as a

             Special Public Prosecutor to defend the State in

             the Hubballi Riots Case, which is of seminal

             importance, the action of both appointment and
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           the discharge of functions by the petitioner are in

           the nature of discharge of public duties, and any

           action or inaction in relation thereto would be

           amenable for writ jurisdiction.

   10.3.   Though the claim may be one for money, as

           regards the bills which have been raised by the

           petitioner, the petitioner has represented the

           State before the various courts as a Special

           Public Prosecutor.    In that background, I am of

           the opinion that the petitioner, also acting as an

           officer of the Court, the respondents were duty

           bound to make payment of the due amounts as

           agreed upon.


   10.4.   Thus, insofar as the Advocate General. Additional

           Advocate Generals. Special Public Prosecutors,

           Additional   Public       Prosecutors,   Government

           Advocates, or High Court Government Pleaders

           are concerned, I am of the opinion that, they

           representing the State, any claim made by them
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           against the State or a department of the State,

           could        be    considered     by   this   Court     while

           exercising writ jurisdiction under Article 226 of

           the Constitution of India.


11. Answer to point No.(ii) Whether the notification
    at Annexure-B would override the notification at
    Annexure-A, or, are they required to be treated
    separately?


   11.1.   The notifications at Annexure-A and Annexure-B

           have         been       reproduced     hereinabove.       The

           notification at Annexure-A is dated 17.05.2022.

           The notification of Annexure-B is a subsequent

           one dated 03.06.2022. The earlier notification at

           Annexure-A related to the proceedings arising

           out     of    Crime        No.63/2022,     whereas     under

           notification at Annexure-B, the scope has been

           enlarged          for    conducting      Criminal     Petition

           Nos.101469/2022 - 101480/2022, and any case

           arising out of Crime Nos.63/2022 - 74/2022

           registered by the Old Hubballi Police Station.
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   11.2.   The notification at Annexure-B being ex facie

           subsequent, in my considered opinion, the said

           notification   would,      by   its    very    nature       and

           contents, supersede the earlier notification at

           Annexure-A     dated       17.05.2022.        The    artificial

           distinction sought to be made out by the learned

           Government Advocate that both Annexure-A and

           Annexure-B     would       continue     to    apply,       since

           Annexure-A relates to cases arising out of Crime

           No.63/2022,      whereas         the     notification         of

           Annexure-B relates to the proceedings before the

           High Court of Karnataka, Dharwad Bench, cannot

           be   accepted.   Inasmuch         as    under       both    the

           notifications, it is categorically indicated that the

           petitioner has been appointed as a Special Public

           Prosecutor to conduct cases arising out of Crime

           Nos . 63/2022 - 74/2022.

   11.3.   A crime number by itself is not a case. A crime

           number is registered in furtherance of an FIR by
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           the jurisdictional police station, and in this case,

           the Old Hubballi Police Station, Hubballi. It is

           thereafter that the proceedings are taken up

           before the Magistrate or the Sessions Court, as

           the case may be, and there may be proceedings

           arising out of the said crime number before the

           High Court for bail, quashing, appeal, revision, or

           the like.

   11.4.   Thus, though the earlier notification was relating

           to   cases    arising      out   of    Crime     No.63/2022,

           subsequently        the    Government       of    Karnataka,

           taking into account the gravity of the matter, as

           also the need for appointing one Special Public

           Prosecutor     in    all      matters,    had    issued    the

           notification at Annexure-B dated 03.06.2022.

   11.5.   In that view of the matter, I am of the

           categorical    opinion         that   the   notification    at

           Annexure-B dated 03.06.2022 supersedes the

           notification at Annexure-A dated 17.05.2022.
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   11.6.   One other aspect that is required to be looked

           into    is    that,    in      terms         of    Annexure-A,        the

           emoluments were required to be paid as per the

           Government Order dated 22.12.2020, and in

           terms of Annexure-B, emoluments are required

           to be paid as per the Government Order dated

           25.08.2020. That is, the Government Order

           dated 25.08.2020 was in existence prior to the

           Government            Order         dated         22.12.2020    found

           reference in Annexure-A dated 17.05.2022. It is

           not     that        the       Government              Order     dated

           25.08.2020 is subsequent to the notification

           dated 17.05.2022. The said Government Order

           was always in existence.

   11.7.   Thus,        when     Annexure-A              was     issued,    it    is

           apparent that Respondent No.2 thought it fit to

           apply the Government Order dated 22.12.2020

           to such appointment, but when the notification at

           Annexure-B            was          issued,        Respondent     No.4
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           consciously applied the Government Order dated

           25.08.2020    to     all    the    appearances     of   the

           petitioner relating to cases arising out of Crime

           No.63/2022.

   11.8.   Thus, ex-facie it is evident that there is a choice

           made    by    Respondent           No.4   to   apply    the

           Government Order dated 25.08.2020, instead of

           the Government Order dated 22.12.2020, to any

           action taken by the petitioner as a Special Public

           Prosecutor and the bills raised in relation thereto

           post the second notification at Annexure-B dated

           03.06.2022.

   11.9.   The reason for the same is also not far to see,

           inasmuch as initially, when Crime No.63/2022

           was    registered,     it    could     mean     that    the

           prosecution would have to take place before the

           Magistrate or the Sessions Court at Hubballi,

           whereas, once the subsequent proceedings had

           been   initiated     and     the     second    notification
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         covered any cases relating to Crime Nos.63/2022

         - 74/2022, it required the petitioner as a Special

         Public Prosecutor to appear before the High Court

         of Karnataka, Principal Bench, Dharwad Bench,

         before the Courts at Bengaluru, the Special

         Courts, etc., which would require a considerable

         amount of time to be spent by the petitioner on

         travel, thereby leading to the petitioner losing

         out on other matters during that travel.

   11.10. Therefore, I am of the categorical opinion that

         the second notification at Annexure-B dated

         03.06.2022, having been issued after considering

         all aspects and making the Government Order

         dated 25.08.2020 applicable, any bills raised by

         the petitioner post 03.06.2022 would have to be

         in   terms     of   the      Government   Order   dated

         25.08.2020 and processed by the respondents

         accordingly.
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   11.11. The conduct of the petitioner is also blemishless,

         inasmuch as, there being double payment for bill

         Nos.3 and 4, the petitioner, though could have

         adjusted the double payment towards bill Nos.1

         and 2 which are still pending, knowing about the

         process of approval and disbursal of payments by

         governmental authorities and the accounting

         made by them, had returned back the double

         payment in the fond hope of bill Nos.1 and 2

         being cleared. However, shockingly, this was not

         the case, and the respondents have taken a

         stand which does not conform to the notification

         at Annexure-B.


   11.12. In that view of the matter, I answer point No.(ii)

         by holding that the notification at Annexure-B

         supersedes Annexure-A, and as such, any bills

         raised post 03.06.2022 would have to be paid in

         terms    of   the        Government   Order    dated
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           25.08.2020, which includes the unpaid bill Nos .

           1 and 2.


12. General directions.

   12.1.   The actions on the part of Advocate General.

           Additional   Advocate     Generals.     Special   Public

           Prosecutors,    Additional     Public     Prosecutors,

           Government      Advocates,       or      High     Court

           Government Pleaders, etc., are very important in

           the discharge of judicial functions and for a

           proper running of the justice system, in which

           these officers appointed by the Government to

           represent the Government play a very important

           role.


   12.2.   Any bills which are raised by them would be

           required to be paid at the earliest so that

           competent and able persons could take up such

           appointments. In the present case, the bills of

           the petitioner, which have been raised way back

           on 16.11.2023, have remained unpaid.
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   12.3.   Insofar as a private practitioner is concerned, if

           the bills of a private practitioner are not paid, the

           private practitioner could return the file and

           refuse to continue to appear in the matter, as

           also retain a lien on account of such non-

           payment. Such an option is not available to an

           advocate appointed by the Government.

   12.4.   This matter was adjourned on multiple occasions

           to enable the learned Additional Government

           Advocate       to   produce       a      comprehensive

           statement detailing the process, procedure,

           and guidelines presently followed for:

         12.4.1.   Allocation and nomination of matters to

                   Government           Advocates     and   Public

                   Prosecutors;

         12.4.2.   Raising of bills for appearances and upon

                   disposal of matters;

         12.4.3.   Scrutiny, verification, and approval of bills;
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         12.4.4.   Processing and sanction of payments to the

                   concerned stakeholders.

   12.5.   Despite repeated opportunities, only truncated

           and incomplete details have been furnished.

           Upon     examination         of   these    documents      and

           submissions       made,       this   Court     observes    as

           follows:

         12.5.1.   The existing system is entirely manual,

                   lacking    any       centralised     or     automated

                   workflow;

         12.5.2.   There are unnecessary delays at each

                   stage of allocation, scrutiny, and payment

                   processing;

         12.5.3.   There is no unified digital record of

                   disposed      matters        handled        by   each

                   stakeholder,         impeding      policy    decision-

                   making and filing of appeals;

         12.5.4.   There is no automated validation or

                   calculation of amounts payable, leading to
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                    inconsistencies,       disputes     and   litigation

                    before this court;

         12.5.5.    There is no outer time limit fixed for

                    processing and payment of bills which

                    results in undue delay.

         12.5.6.    Lack of integration between the current

                    manual system and the Case and Court

                    Management System (CCMS) results in

                    duplication       of    work      and     loss    of

                    transparency.

   12.6.   These      systemic       shortcomings      have    directly

           contributed to the present dispute, as also

           persistent delay in processing and payments of

           all the other law officers indicated supra, and

           have the potential to erode efficiency and public

           confidence in the justice delivery mechanism.

   12.7.   In      order   to   remedy      these     deficiencies   and

           modernise the administrative processes, it is

           hereby directed that the Principal Secretary
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           (Law), in close coordination with the Principal

           Secretary,      Department        of     E-Governance,

           Principal Secretary Finance and the heads of such

           other departments as are connected with the

           present matter shall design, develop, and fully

           implement a secure, role-based, workflow-

           driven application.

   12.8.   In this regard an "e-Office" to be implemented

           and all stakeholders to be onboarded, the e-

           office would also have to be integrated with

           CCMS.

   12.9.   The platform shall mandatorily onboard all the

           following categories of stakeholders:

         12.9.1.   Law Secretariat Officers (administrative and

                   decision-making wings);

         12.9.2.   Advocate     General's     Office,      including

                   administrative,      accounts,    and     liaison

                   sections;
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         12.9.3.   Additional     Advocate       Generals     and    their

                   offices;

         12.9.4.   Government        Advocates         and    Additional

                   Government Advocates;

         12.9.5.   High   Court      Government         Pleaders      and

                   Assistant Government Pleaders;

         12.9.6.   Special Public Prosecutors, Additional Public

                   Prosecutors,          and      Assistant         Public

                   Prosecutors;

         12.9.7.   Advocates appointed for specialised subject

                   areas or cases by the Government;

         12.9.8.   Concerned       Officers       of    the     Finance

                   Department.

         12.9.9.   Any    other      functionary       involved      from

                   allocation      to    final    disbursement          of

                   payments.

   12.10. Apart     from the general features of e-office,

           following customisations to be effected either as

           part of e-office or as an independent system. The
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             customisation shall not be a mere document

             management solution but a comprehensive

             digital     platform       capable   of   end-to-end

             automation of the entire lifecycle, from allocation

             of matters to final payment and record-keeping

             with date and time stamps and where necessary

             QR codes.

   12.11. The e-Office platform shall be designed with

             mandatory features to ensure transparency,

             accountability, and real-time monitoring. These

             shall include:

   12.12. Allocation and Nomination:

         12.12.1.   Automated and auditable allocation of cases

                    based on workload, expertise, and conflict

                    checks;

         12.12.2.   Electronic issuance of authorisations for

                    representation;

   12.13. Bill Raising and Digital Submission:
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         12.13.1. Online     submission            of      invoices    for

                  appearance and disposal fees;

         12.13.2. Standardised          digital    bill    formats    with

                  automated       pre-check             validations   with

                  Cause lists and order sheets;

   12.14. Scrutiny and Approval Workflow:

         12.14.1. with time-stamped approvals and automatic

                  escalation for delays;

         12.14.2. Real-time dashboards showing bills pending

                  at each scrutiny level;

         12.14.3. Multi-level digital scrutiny of bills

   12.15. Payments and Settlement:

         12.15.1. End-to-end tracking of payment approvals

                  and fund release;

         12.15.2. Integration with treasury systems for direct,

                  timely disbursement;

   12.16. Data and Records Management:
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         12.16.1. Centralised      repository        of     all    matters

                  handled,     searchable       by      advocate,       case

                  type, and status;

         12.16.2. Digital    reports     for   policy     planning      and

                  consideration of appeals;

   12.17. Automation Tools:

         12.17.1. Built-in   digital     calculator       for     automatic

                  computation of payable amounts;

         12.17.2. AI-based      anomaly         detection          to   flag

                  duplicate or excessive billing;

   12.18. Notifications and Communication:

         12.18.1. SMS/email/app notifications for bill status

                  updates and compliance reminders;

         12.18.2. Secure       messaging         channel           between

                  stakeholders and administrative officers;

   12.19. Integration with CCMS:

         12.19.1. Automated              fetching           of          final

                  orders/judgments in each matter;
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         12.19.2. Synchronisation of disposed matter records

                  for appeal considerations.

   12.20. To    ensure structured development and avoid

            disruption, implementation shall follow these

            phased timelines:

   12.21. Phase        I      -        Process    Mapping         and

            Requirements Gathering (4 weeks):

         12.21.1. Document existing processes;

         12.21.2. identify gaps and redundancies;

         12.21.3. Finalise    system       specifications   and    or

                  Functional requirements.

   12.22. Phase II - System Design and Development

            (8 weeks):

         12.22.1. Develop prototype modules for allocation,

                  billing, scrutiny, and payments;

         12.22.2. Security hardening and role-based access

                  controls.

   12.23. Phase III - Pilot Testing (8 weeks):
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         12.23.1. Limited deployment with select Government

                 Advocates and support staff;

         12.23.2. User   acceptance       testing   and   feedback

                 refinement.

   12.24. Phase IV - Statewide Rollout (12 weeks):

         12.24.1. Gradual onboarding of all stakeholders;

         12.24.2. Migration   of       manual   records   into   the

                 system;

         12.24.3. Mandatory use of the platform for all new

                 matters.

   12.25. Phase V - Full Integration and Advanced

            Analytics (16 weeks):

         12.25.1. Integration with CCMS and State Treasury

                 systems;

         12.25.2. Implementation of advanced analytics and

                 audit dashboards.

   12.26. A High-Level Steering Committee shall be

            constituted within two (2) weeks, chaired by

            the Principal Secretary (Law) and comprising:
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         12.26.1. Principal        Secretary,        E-Governance

                  Department;

         12.26.2. A nominee of the Law Department

         12.26.3. A nominee of the Finance Department

         12.26.4. Advocate General or nominee;

         12.26.5. One Senior Government Advocate

         12.26.6. One Senior Prosecutor

         12.26.7. IT expert.

         12.26.8. Such   other     persons    that   the   Principal

                  Secretaries and Learned Advocate General

                  deem necessary to be included.

   12.27. The Steering Committee shall:

         12.27.1. Meet fortnightly to     review progress and

                  remove bottlenecks;

         12.27.2. Approve design specifications and vendor

                  selection;

         12.27.3. Ensure cybersecurity and data protection

                  compliance;
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         12.27.4. File bi-monthly status reports before this

                  Court indicating milestone achievements

                  and any delays.

   12.28. Until the full e-Office customisation is deployed,

            all stakeholders shall digitally upload bills and

            supporting documents to a secure, interim

            repository managed by the Law Department.

   12.29. No bill shall remain unprocessed for more than

            30 days, and delays shall be automatically

            flagged in the repository for review by the

            Steering Committee.

   12.30. A      comprehensive           Standard         Operating

            Procedure (SOP) shall be drafted and filed

            before   this   Court      within    four   (4)   weeks,

            covering:

         12.30.1. Workflow steps and timelines for each stage

                  (allocation to payment);

         12.30.2. Responsibilities of each stakeholder;
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          12.30.3. Data      entry,       validation,   and    audit

                     mechanisms;

          12.30.4. Escalation matrix for delayed actions;

          12.30.5. Protocols for handling disputes and appeals

                     in billing matters;

          12.30.6. Cybersecurity measures for data integrity

                     and privacy.

       12.31. The   platform shall maintain a tamper-proof

             audit trail for every action taken.

       12.32. An    independent third-party audit shall be

             commissioned        annually      to   review    system

             integrity, billing accuracy, and compliance with

             SOP timelines.

       12.33. The Principal Secretary (Law) shall personally

             supervise the execution of these directions.

13. In the above circumstances, I pass the following:


                               ORDER

i. Writ petition is allowed.

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HC-KAR

ii. A mandamus is issued, directing the respondents to

make payment of the bills Nos.1 and 2 in terms of

the notification dated 03.06.2022, and the

Government Order dated 25.08.2020, within a

period of four weeks from the date of receipt of a

copy of this order.

iii. Though the above matter is disposed of, re-list on

24.09.2025 to report compliance with the General

Directions.

Sd/-

(SURAJ GOVINDARAJ) JUDGE

gab/CT-ASC

 
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