Strengthening Litigation Management and Uniform Advocate Empanelment

No.: Estt./Legal/3923/2022                    Dated: .06.2026

OFFICE MEMORANDUM

Subject: Directions for Strengthening Litigation Management, Centralized Monitoring of Court Cases and Uniform Advocate Empanelment across ESIC

It has been observed that certain litigation matters involving vigilance issues, pensionary penalties and cases with significant financial implications require closer monitoring and greater institutional coordination. Accordingly, all Regional/Sub-Regional Offices, Hospitals/Colleges and other field Units are directed to ensure the following:

1. All sensitive cases pending before various Hon'ble CAT Benches, Hon'ble High Courts, EI Courts and other judicial/quasi-judicial fora involving vigilance matters, disciplinary proceedings, pensionary penalties and high financial implications shall be closely monitored at the Concerned Office level;

2. A Quarterly legal review of important and sensitive court cases within the State shall be institutionalized by every Regional Director. Such reviews shall focus on litigation strategy, compliance requirements, status of pleadings, monitoring of court directions and assessment of legal risks;

3. Any interaction, communication or approach relating to pending court matters outside formal judicial proceedings, which may have a bearing on the conduct or outcome of the case, shall be immediately reduced to writing and reported to the Reporting Authority

4. The performance of Panel Advocates handling sensitive matters shall be periodically reviewed by the concerned Regional Office with reference to their professional competence, preparedness, responsiveness, coordination with departmental authorities and effectiveness in defending the Corporation's interests;

5. In order to ensure uniformity, consistency and centralized management of litigation across the State, the Panel of Advocates for the respective Hon'ble High Court, all EI Courts within the State and other State-level Judicial/Quasi-Judicial Fora shall be advertised, empanelled and administered by the concerned Regional Office;

6. The process of empanelment shall be undertaken in accordance with the extant guidelines. However, before publication of the final panel of Advocates, the complete proposal along with the Estt./Legal/3923/2022 I/4033750/2026 1 File No. Estt./Legal/3923/2022 (Computer No. 81198)

recommendations of the Selection Committee shall be forwarded by the RD through IC (Legal) to Headquarters for approval of the DG. The final panel of Advocates shall be notified only after obtaining such approval;

7. Accordingly, Sub-Regional Offices, Hospitals, Medical Institutions and other Field Units shall utilize the panel so constituted and approved and shall not independently constitute separate panel of Advocates and all such existing panels shall cease to exist once the Regional Office constitutes such a panel as directed in point No. 6. Further, the cases already assigned to existing panel Counsels shall immediately be withdrawn from them in case their names do not reflect in the new panel so constituted and re-assigned to the newly constituted panel.

8. In respect of the NCT of Delhi, the existing arrangement shall continue. However, the Regional Office, Delhi shall advertise and constitute a panel of Advocates for EI Courts and other District level quasi-judicial/judicial within the NCT of Delhi (for all offices of NCT of Delhi), subject to approval of the DG through IC (Legal) before publication of the final list of panel Advocates;

9. The concerned Regional Office/Sub Regional office/Hospital/College shall be responsible for coordinating, monitoring and conducting such litigation through the approved panel of Advocates and for ensuring timely compliance with judicial directions and court orders;

10. All future litigations arising from Hospitals/Colleges and other Medical Units shall be monitored by the concerned Units.

11. The concerned Hospital/College, other Medical Unit and SRO shall continue to provide all relevant records, factual reports, para-wise comments, affidavits, witness-related assistance and other case specific inputs as required by Regional office for effective conduct of litigation in respect of cases handled by Regional Offices on behalf of other Units, by virtue of Jurisdiction. The responsibility for legal coordination, engagement with counsel, monitoring of proceedings and overall litigation management shall rest with all the concerned Offices;

12. In vigilance related litigation, pleadings shall comprehensively incorporate the chronology of criminal proceedings, findings of vigilance/investigation reports, departmental proceedings and the nexus between the departmental action and the underlying misconduct forming the subject matter of criminal proceedings, wherever applicable;

13. All concerned officers shall exercise greater procedural diligence, caution, accountability and institutional reporting discipline while handling litigation matters. Any lapse affecting the Corporation's legal interests may attract appropriate administrative action under the applicable rules;

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This shall be complied with scrupulously and brought to the notice of all concerned officers. This issues with the approval of Director General. Yours Sincerely

(Vijay Kumar) Dy. Director (Legal)

Copy to:

1. All Regional Directors/Joint Directors (I/c) of ROs/SROs
2. All Deans/MS(s) of Colleges/Hospital
3. DMD/DMN
4. Guard file.

Estt./Legal/3923/2022 I/4033750/2026 3 File No. Estt./Legal/3923/2022 (Computer No. 81198)

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