Rising Legal Cases Against Far West Government Amid Resource Constraints

Far West: The number of cases filed in courts against the Far West provincial government and its subordinate agencies has increased significantly over the past three years, putting additional pressure on the provincial government’s legal defense mechanism amid limited resources.

According to statistics from the Office of the Chief Attorney, Far West Province, 194 cases were registered in the fiscal year 2082/83, an increase of 78 cases compared to the previous fiscal year. In fiscal year 2080/81, a total of 109 cases were registered, including 74 cases transferred from the previous year and 35 new cases. Of these, 46 cases were resolved, while 63 remained pending. Based on the total number of cases, about 42 percent were resolved that year.

Similarly, in fiscal year 2081/82, 61 cases were transferred from the previous year and 55 new cases were registered, bringing the total to 116. During the year, 34 cases were resolved, leaving 82 pending. Only about 29 percent of the total cases were resolved during that fiscal year.

In fiscal year 2082/83, a total of 194 cases were registered, including 82 cases transferred from the previous year and 112 new cases. Of these, 87 cases have been resolved, while 107 remain pending. Based on total registrations, about 45 percent of cases have been resolved this year. Thus, although the resolution rate has improved significantly compared to the previous year, the number of pending cases has also increased.

The three-year data show a continuous rise in the number of new cases filed against the provincial government and its subordinate bodies. While 35 new cases were registered in fiscal year 2080/81, the number increased to 55 in 2081/82 and 112 in 2082/83. The number of new cases has more than tripled in two years. In particular, the 112 new cases registered in fiscal year 2082/83 account for about 58 percent of the total 194 cases registered that year.

Chief Attorney Thekendra Raj Joshi said most of the cases filed against the provincial government are related to personnel administration. He said the number of cases filed by employees has increased over issues such as promotions and participation in Public Service Commission examinations.

Despite the rise in cases, the Office of the Chief Attorney is facing difficulties in its work due to a lack of resources and manpower. Most of the cases also involve matters that require appeals to the Supreme Court in Kathmandu, while the provincial government has not established standards for receiving services from expert legal practitioners, said Chief Attorney Joshi.

"The Chief Attorney's Office is said to be under the Attorney General's Office, but it has no responsibility other than providing four employees. Most of the cases are of the nature of going to the Supreme Court, but there is a problem in the lack of service facilities to go there, and the lack of standards for receiving services from expert legal practitioners. However, we are working as hard as we can," he said.

On the one hand, the office faces a shortage of staff and resources, while on the other, it has additional challenges after its office, documents and physical materials were burned during the Genji movement last Bhadra. The office currently requires about 29 employees, including experts, but there are only 11 positions, including office assistants and drivers.

The Office of the Chief Attorney has been arguing, pleading and defending writs and cases filed against the provincial government and its subordinate bodies in accordance with the Constitution and the Act on the Functions, Duties and Powers of the Chief Attorney and Conditions of Service. The office has also been registering appeals on behalf of the provincial government against orders or judgments issued by courts and providing necessary legal opinions and suggestions to the provincial government.

Chief Attorney Joshi said the office needs to be made resourceful as it has to argue, defend and register appeals before the Supreme Court in writs and cases filed at the Supreme Court, High Court Patan, High Court Dipayal, Doti, High Court Mahendranagar Bench and all nine district courts of the province.

Meanwhile, the High Court Dipayal and Mahendranagar Bench have made arrangements for online pleadings using information technology, which has made the process easier. The Office of the Chief Attorney believes that work would become easier if the provincial government also arranged the necessary infrastructure to expand such services to the Supreme Court.