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Directs GNCTD to Clear Lawyers' Pending Bills and Fix Online Portal Issues
Justice Mini Pushkarna issued a series of directions to streamline the clearance of fee bills submitted by representing the Delhi Government, after multiple counsels complained of repeated queries, missing , and lack of transparency on the online portal.
The High Court of Delhi, on , passed a detailed order in a batch of petitions led by and , both for the . The petitioners, appearing in person, highlighted severe difficulties in getting their bills cleared through the portal.
Persistent Bottlenecks in Bill Clearance
The court was informed that despite lawyers diligently uploading their bills on the GNCTD portal, the
was raising multiple queries repeatedly, effectively stalling payment. Advocate
submitted that out of approximately 500 bills he had submitted, queries were raised on about 250.
"When one query is answered another query is raised on account of which the bill is not actually cleared,"
he argued.
Another recurring issue was the non-issuance of . Advocate pointed out that in several cases where he had appeared and defended the GNCTD, BTFs had not been issued. Without these forms, the online portal did not accept bill uploads, leaving him unable to claim fees for work already done.
Advocate added that the status on the portal was not being updated, making it impossible for counsel to know which bills had been cleared and which remained pending.
Government's Response and Court's Intervention
Responding to the grievances, GNCTD counsel handed over two status reports and assured the court that regular meetings were being held at the highest level under the chairmanship of the Secretary-cum-Divisional Commissioner (Revenue). Deputy Commissioner Ajay Kumar, present via video conferencing, stated that steps were being taken to resolve deficiencies in the bills.
However, Justice Pushkarna found the existing mechanism inadequate and issued seven specific directions to address the systemic failures.
Court's Directions: A Roadmap for Reform
The court ordered the GNCTD to update the OSWS portal so that it categorically reflects the pending bills against each counsel's name. Where BTFs have not been issued, administrative steps must be taken for their issuance if the record the counsel's appearance on behalf of the GNCTD.
A mechanism must also be evolved for uploading bills in cases where BTFs are yet to be issued. The court further directed the GNCTD to consider appointing a from the to coordinate with counsel regarding queries, bill submission, and deficiency removal.
In a significant move, the court held that physical copies of BTFs should not be required if BTF numbers are already provided in the bills. To ensure accountability, Deputy Commissioner Ajay Kumar was made personally responsible for coordinating with the to ensure issuance of BTFs based on the .
Key Observations
The court emphasised the need for expeditious clearance, stating:
"Endeavour shall be made to clear the bills of the counsels expeditiously."
This directive underscores the judiciary's concern over delays that affect the livelihood of lawyers who serve as government panel counsel.
Looking Ahead
The court has directed the GNCTD to file a before the next hearing, scheduled for . The concerned official from the must remain present via video conferencing. The case has been listed in the top ten matters in the , indicating the court's continued monitoring of the issue.
This order builds on the court's earlier interventions since to ensure the smooth functioning of the OSWS portal, with previous directions in and aimed at operationalising the system and making bill uploads glitch-free.
