High Court Questions Rajasthan Government’s Delay in Filing Appeals in Corruption Cases

Jaipur, July 31 : The Rajasthan High Court has raised concerns over the government’s delay and inconsistency in deciding whether to appeal against judgments in corruption-related cases. The court noted that the government often delays decisions unnecessarily, sometimes chooses not to appeal even after legal advice is given, and in other cases proceeds with an appeal. The court observed that this pattern requires further explanation.

Advocates Appointed as Amicus Curiae

In response, the court appointed advocates Suresh Sahni and P.C. Bhandari as amicus curiae (friends of the court) to assist in the matter. The court also stayed any punitive action against the petitioner. Additionally, the court stated that it would examine the process by which Annual Confidential Reports (ACRs) of judicial officers posted in the Law Department are being filled by the Chief Secretary or other administrative officers.

Justice Sameer Jain issued the order while hearing a petition filed by RAS officer Ashok Sankhla.

Government Committee Decides on Appeals

During the hearing, the Principal Law Secretary appeared in court as per previous directions and informed the bench that a committee of three judicial officers posted in the Law Department is responsible for deciding whether to file appeals. However, the court questioned the rationale behind the government’s decisions to not appeal certain judgments, especially when opinions from the relevant authority and Additional Advocate General (AAG) are in favour of appealing. The court stressed the need to understand the basis for the government’s differing approaches.

Concern Over ACRs of Judicial Officers

The court also expressed surprise upon learning that the ACRs of judicial officers posted in the Law Department are being filled by the Chief Secretary and other administrative officers. The bench questioned how administrative officers can evaluate the performance of judicial officers, calling for a review of this practice.

Background of the Petition

Advocate Rajesh Goswami, appearing for petitioner Ashok Sankhla—former Land Management Officer—stated that the High Court had quashed a corruption case on March 19, 2023, against former IAS officer Nannumal Pahadia, a co-accused in the same case. The ACB and AAG had advised the government to appeal the High Court’s decision in the Supreme Court based on several legal points, but the government decided not to file the appeal.

The petition argued that since the High Court had already quashed proceedings against the main accused and the government accepted that decision by not appealing, the case against Sankhla should also be quashed.