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ODISHA GOVT ISSUES SOP FOR FILING COUNTER AFFIDAVITS IN COURTS & TRIBUNALS

ODISHA GOVT ISSUES SOP FOR FILING COUNTER AFFIDAVITS IN COURTS & TRIBUNALS
Odisha SOP Timely Filing Affidavits Courts Tribunals Notification

STANDARD OPERATING PROCEDURE FOR ENSURING TIMELY FILING OF AFFIDAVITS IN COURTS AND TRIBUNALS

Law Department, Government of Odisha – Notification No. 8292-IV/2 LR-210/26/L Dated 10.06.2026
Reference Notification No. 8292-IV/2
Department Law Department
Date 10 June 2026
Gazette No. 2406, Cuttack

Notice Intimation

Within 24 Hours
Legal Cell to Nodal Officer

Record Collection

Within 7 Days
Branch Officer prepares brief

Draft Finalization

Within 5 Days
With Government Advocate

Key SOP Directives

  • Background: The SOP is issued in compliance with the Hon'ble High Court of Orissa order dated 24.03.2026 in CONTC No. 1011/26, which directed the Law Secretary to file a comprehensive affidavit setting out concerted steps for formulation of a uniform SOP to ensure timely filing of affidavits across all Courts and Tribunals in Odisha.
  • Applicability: This SOP applies to all Departments, Directorates, Heads of Department, District Offices, subordinate offices and all establishments under the direct control of the State Government, including the Office of the Advocate General, Odisha and offices of all Government Pleaders and Public Prosecutors.
  • Legal Cell Establishment: All Departments shall establish a Legal Cell as defined in the State Litigation Policy 2024 within one month from the date of notification. The senior-most officer of the cell shall be the Nodal Officer for implementing this SOP.
  • Functions of Legal Cell: The Legal Cell shall maintain Case Register (CR) in physical and digital form, coordinate with Standing Counsel / Advocate General's Office, and ensure affidavits are filed with all necessary annexures, proper tagging, indexing, and without defects.
  • Nodal Officer Responsibilities: The Nodal Officer shall function as the Central Authority for Litigation Management, monitor all court cases, ensure strict adherence to timelines, coordinate with Branch Officers and Government Counsel, and operate the Litigation Management System (LMS) Portal.
  • Branch Officer Duties: The Branch Officer shall handle subject-specific issues, ensure detailed Para-wise Comments (PWC) / Instructions / Affidavits are submitted within the SOP timeframe, collect all relevant records, prepare draft event charts, and get stay orders vacated when necessary.
  • Time-Bound Workflow: The SOP mandates a strict chronological workflow — 24 hours for case intimation, 24 hours for assignment, 7 days for record collection and brief preparation, 4 days for vetting by Assistant Director Law, and 5 days for discussion and draft affidavit finalization with Government Advocate.
  • Last-Minute Filing Prohibited: Filing of affidavits on the last date or at the eleventh hour is strictly prohibited. However, where the Hon'ble Court itself fixes a strict deadline, that timeline must be adhered to instead of the SOP timeline.

Important Points to Note

  • High Court Direction: The SOP is framed in compliance with the Hon'ble High Court of Orissa order dated 24.03.2026 in CONTC No. 1011/26 arising out of WP(C) No. 18177/2025, which noted the casual approach adopted by State Authorities in filing affidavits.
  • Accountability Mechanism: The Secretary / Head of Department shall conduct a monthly review in the last week to ascertain case status, disposal of representations, stay orders, and reasons for delay. Erring officers shall be liable for recovery of financial losses, withholding of increments, or other penalties under the Odisha Civil Services (CCA) Rules 1962.
  • Litigation Management System: The Legal Cell shall upload all communications, documents, instructions and affidavits in the Odisha Litigation Management System (CMGI) Portal and provide coordination for case disposal.
  • Exceptional Circumstances: In cases of urgency where the Hon'ble Court fixes a specific deadline, the Court's timeline overrides the SOP timeline to ensure compliance and address urgency.
  • Comprehensive Coverage: The SOP covers counter affidavits, rejoinder affidavits, and any other additional affidavits before all Courts and Tribunals in the State of Odisha.
  • Additional Provision: This SOP shall be in addition and not in contravention to any existing rules, regulations, notifications or orders made by the State Government on the subject.

Frequently Asked Questions

Why was this SOP issued?
The SOP was issued due to non-compliance of Court orders leading to adverse orders, contempt proceedings, and personal appearance directions against Secretaries and departmental authorities. The Hon'ble High Court of Orissa in CONTC No. 1011/26 directed formulation of a uniform SOP.
Who does this SOP apply to?
All Government Departments, Directorates, Heads of Department, District Offices, subordinate offices and establishments under the State Government, including the Office of the Advocate General and all Government Pleaders and Public Prosecutors.
What is the time-bound workflow for filing affidavits?
24 hours — Case intimation to Nodal Officer.
24 hours — Assignment to Branch Officer.
7 days — Record collection and brief preparation.
4 days — Vetting by Assistant Director Law.
5 days — Discussion and draft finalization with Government Advocate.
24 hours — Approval and filing.
What happens if an officer delays the process?
Erring officers shall be liable for recovery of financial losses caused to the Government, withholding of increments, or any other penalty as prescribed under the Odisha Civil Services (Classification, Control and Appeal) Rules 1962.
Is last-minute filing allowed?
No. Filing of affidavits on the last date or at the eleventh hour is strictly prohibited. However, if the Hon'ble Court itself fixes a specific deadline, that timeline must be followed.
What is the Litigation Management System?
The Odisha Litigation Management System (CMGI Portal) is the digital platform where all communications, documents, instructions and affidavits must be uploaded by the Legal Cell for tracking and monitoring of court cases.

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