LSGIs engaging service of legal practioners-dispensed with....

GOVERNMENT OF KERALA AS PER CIRCULAR No..34166/IA/08/lsgd Dated 24.05.2008
have instructed to dispense with the practice of engaging legal practioners before Ombudsman
I think it will be better to copy the Circular then ofer my comments so that you can also offer your comments and suggestions.
CIRCULAR
Sub: Proceedings before Ombudsman-practice of LSGIs engaging services of legal practitioners to present their case-dispensed with-Instructions issued.

It has come to the notice of the Government that the local Governments and Secretaries of local Governments are frequently engaging the services of legal practitioners to present heir case before the Ombuds man for the LSGIs in respect of the cases where come up for consideration of the Ombudsman.
Sub-section 6 of Section 271 N of the Kerala Panchayat Act,1994 lays down that "in any
proceedings before he Ombudsman, no legal practitioner will be permitted to represent any person unless the Ombudsman permits by an order a person to be represented by a legal practitioner for reasons to be recorded." This provision is based on the principle that the conduct of cases by the Ombudsman is basically inquisitorial in nature. The case to be disposed of by the Ombudsman ordinarily are to be settled on the basis of records and factual statements.
Engaging legal practitioners before the Ombudsman is against the spirit of the provisions of the Act. The private parties may however insist on engaging the service of legal practitioners for their cases and the Ombudsman may or may not permit such engagement of legal practitioners for reasons to be recorded. But the Government consider that the Local Government and the Secretaries are to making any request before the Ombudsman for permission to engage legal practitioners on behalf of LSGIs and that incurring of expenditure from the funds of the LSGIs for engaging legal practitioners for presenting their cases before the Ombudsman cannot be allowed. The elected office bearers or Secretaries have to present the case of the Local Government before the Ombudsman by himself or through an authorised officer conversant with the facts of the case.
In the above circumstances all the Local Governments are here by instructed that in future the Local Governments and the Secretaries should not engage legal practitioners for defending cases of Local Governments before the Ombudsman.
S.M.VIJAYANAND
Principal Secretary to Government.