In a significant ruling, the Delhi High Court has addressed the long-standing issue of delayed payments to government empaneled lawyers. The case, Anjana Gosain v. Government of NCT and Anr., W.P.(C) 2506/2019, was brought by Anjana Gosain, a panel counsel for the Government of NCT of Delhi (GNCTD), seeking the recovery of outstanding fees amounting to โน5,93,850. Despite repeated follow-ups and legal notices, the payment had not been made, compelling her to file a writ petition.
Issues Involved
The primary issues revolved around:
1. Delay in Payment of Fees: The petitioner argued that the GNCTD had unduly delayed the payment of her fees for professional services rendered.
2. Implementation of a Centralized System: The court examined the need for a streamlined, centralized mechanism to handle the processing and payment of lawyers’ fees to avoid such delays in the future.
Court’s Decision
Justice Prathiba M. Singh, who presided over the case, issued several critical directives to ensure timely payments and the establishment of a robust system for processing lawyers’ fee bills.
Key Observations and Orders
1. Payment of Outstanding Fees: The court directed the GNCTD to clear all outstanding fees of the petitioner within six weeks. If the respondent failed to comply, the petitioner was permitted to approach the court again, which would then consider imposing heavy costs and interest for delayed payments.
2. Centralized System for Fee Payments: The court emphasized the necessity of a centralized mechanism to expedite and streamline the payment process. Justice Singh observed, “Counsels cannot be made to wait endlessly for clearing their outstanding payments for the professional services they have rendered. There ought to be a proper streamlined mechanism which is centralised to expedite and make timely payment.”
3. Online Single Window System (OSWS): The court directed the Law Secretary, GNCTD, to collaborate with relevant departments to establish an Online Single Window System (OSWS) for processing lawyers’ fee bills. The system aimed to reduce paperwork and ensure faster verification and payment of bills.
4. Timelines and SOP Adherence: Justice Singh mandated that all departments adhere strictly to the Standard Operating Procedures (SOP) for uploading and processing electronic bills. The court noted, “The timelines prescribed in the SOP ought to be adhered to strictly. API integration, which is stated to be pending, ought to be carried out expeditiously, in any case within a period of three months.”
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5. Technical Support: The National Informatics Centre (NIC) was directed to continue providing necessary support to ensure the OSWS portal functions smoothly and any technical issues are resolved promptly.
