GOVERNMENT OF INDIA MINISTRY OF RAILWAYS

LOK SABHA

UNSTARRED QUESTION NO.1391 TO BE ANSWERED ON 27.12.2017

EMPANELMENT OF ADVOCATES

1391. DR.SHASHI THAROOR:

Will the Minister of RAILWAYS be pleased to state:

• whether the Railways has currently empanelled 414 advocates for longer than 5 years, who have been unable to conclude litigations for cases as old as 15 years ago and if so, the details thereof;
• the specific steps that the Railways proposes to take to ensure the advocates who are empanelled by the Ministry are ones of experience and repute;
• whether the Railways will conduct an audit on the performance of the present set of advocates empanelled based on the aforesaid Report of the Standing Committee on Railways and if so, the details thereof; and
• the steps proposed to be taken in consideration of the recommendation of the Standing Committee to revise the procedure for appointment of advocates, in order to ensure that extensions for a term beyond 3 years is only undertaken in exceptional situations?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF RAILWAYS

(SHRI RAJEN GOHAIN)

• Empanelment of advocates for conducting Railway Litigation before High Courts and Central Administrative Tribunals is an ongoing As such this data keeps changing.

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• As a practice, advocates having experience and reputation are taken on the panel of Railways after holding personal talks with The names of the advocates in the selected panels are duly approved by Hon’ble Minister of Railways and Minister of Law & Justice.

(c)      & (d) Recommendation No.7 pertaining to ‘issue of empanelled lawyers with Railways’ in the report of the Standing Committee on Railways has not been accepted. However, still, Zonal Railways are being asked to undertake an audit on the performance of the present empanelled Railway Advocates.

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