Legal Battle Unfolds Over GNCTD’s OSWS Portal: Operationalization and Compliance Await Next Hearing
Title: Anjana Gosain vs. Government of NCT & ANR.
Citation: W.P.(C) 2506/2019 & CM APPL. 19643/2021
Coram: JUSTICE PRATHIBA M. SINGH
INTRODUCTION:
The case appears to be an excerpt from a legal case or a court proceeding related to the outstanding bills of a lawyer engaged by the Government of the National Capital Territory of Delhi (GNCTD). The court seems to have issued orders to streamline the process of clearing lawyers’ bills and implement a Single Window System for bill clearance. The case is scheduled to be listed again on April 7, 2022, to report further progress on the implementation of the Single Window System.
FACTS:
The facts of the case are such that, the Coordination between various government departments has caused delays in clearing lawyers’ bills. The court emphasizes the importance of setting timelines for bill payments and the need to improve the process for clearing lawyers’ bills. The responsibility for coordinating the Single Window System for bill clearance has been assigned to the Additional Chief Secretary and the National Informatics Centre (NIC). A timeline for the development of the Single Window System is presented, including the approval of functional requirements, software development, GUI designing, coding, and validation.
The court expresses dissatisfaction with the timelines provided by GNCTD, citing the prolonged delay in processing lawyers’ bills, some of which date back to 2018. The case is set to be listed on specific dates to monitor progress in the implementation of the Single Window System and the resolution of outstanding bill payments. These proceedings highlight the court’s efforts to expedite the payment of lawyers’ bills and streamline the process through the introduction of a centralized system. It also mentions that on April 7, 2022, certain actions were taken, including clearing outstanding bills of the Petitioner, creating a Virtual Machine with a provided URL for a security audit, and scheduling training for government counsels to use the SWS system from April 25, 2022, to April 29, 2022.
CAE ANALYSIS AND JUDGEMENT:
The court concludes that, In an order dated July 25, 2023, the Law Department of GNCTD was directed to engage developers to fully operationalize the OSWS portal with approval from the Finance Department of GNCTD. The court ordered a demonstration of the OSWS portal’s functionality for uploading and clearing fee bills of advocates. However, on the next hearing date (September 11, 2023), it was reported that the portal was not fully ready, and a status report was filed.
The IT team of the Law Department, GNCTD, provided a demonstration of the OSWS portal. They explained that the software has built-in timelines, and the processing time for bills would not exceed 20 to 25 days. Mr Bharat Parashar, Principal Secretary, Law, GNCTD, assured the court that the portal is ready to go live and that the file for inauguration has been moved to the concerned authority.
The court ordered the GNCTD to take immediate steps to operationalize the OSWS portal within the next month and requested a report on its functioning to be submitted at least two weeks before the next hearing date. It was noted that six departments had not yet appointed their Nodal Officers for the portal’s management, and they were directed to do so within the next two weeks. The case was listed for compliance on March 7, 2024. In summary, the case revolves around the development and readiness of the OSWS portal for processing bills of advocates representing GNCTD. The court is actively monitoring the progress and has set deadlines for operationalization and compliance. The next hearing is scheduled for March 7, 2024.
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Written By: Gauri Joshi