Chapter III CASES FILED AGAINST THE GOVERNMENT

1. (1) Where in a case other than a Writ Petition instituted against the State Government or against an officer of the State Government in his official capacity, summons or notice thereof is served on such or any other officer of the State Government, such officer shall unless he is himself the Departmental Secretary, report the fact of such summons or notice to the Departmental Secretary, who shall make a request to the Law Secretary to authorize a Law Officer to appear for the Government in the case and ensure that the case is not heard or decided ex-parte.
2. (2) The Departmental Secretary shall indicate to the authorized Law Officer the name of the officer who is conversant with the subject matter or the facts of the case, the name of the officer who is to verify and sign the pleading to be filed in the case and of the Litigation Conducting Officer for the case and shall also furnish to the Law Officer, copies of all documents necessary for defending the case and at the request of the Law Officer entrust the files relating to the matter to the Law Officer.
3. (3) Where a summons or notice in a case is addressed to the Chief Secretary to Government, the Head of the Legal Cell in the concerned department shall receive the same The Head of the Legal Cell shall send request to the Law Department to authorize a Law Officer to appear on behalf of the Government and also forward a copy of the pleading and Interim applications received by him to the Departmental Secretary and to the Head of the Department for taking necessary action, to offer remarks and to forward the report and papers indicated in sub-section (2).

1. (1) The authorized Law Officer shall obtain from the Departmental Secretary, and where the case concerns more than one department from all the concerned Departmental Secretaries, details of the facts and circumstances leading to the institution of the case together with the para-wise remarks in respect of the averments made in the petition, plaint or any interim application and prepare the Statement of Objections or as the case may be, the Written Statement to be filed into Court in appropriate time.
2. (2) Where different departments are sued jointly or if the claim in a suit relates to the acts of two or more departments, the authorized Law Officer shall with least possible delay, communicate with each one of the Departmental Secretaries and/or other officers named in the plaint or petition and arrange to set up, if possible, a common line of defense and prepare a common Statement of Objections or as the case may be a common Written Statement.

If upon examination of the case the Law Secretary finds that the Government needs to defend against the claim, he shall forthwith issue orders sanctioning the defense and instructing a Law Officer to appear and defend the Government or, as the case may be, the Officer or officers sued in the case.

Approval of the defense The authorized Law Officer shall after preparing the Statement of Objections or as the case may be the Written Statement, put up the same to the Law Secretary accompanied by the copies of the plaint, petition or other pleadings in the case, copies of para-wise remarks and relevant documents seeking his approval of the defense. The Law Secretary shall also be kept informed of. –

1. (a) the date fixed by the Court for the first or next hearing;
2. (b) whether notice under Section 80 of the Code of Civil Procedure 1908 has been given by the plaintiff and if so, the date of delivery of such notice, and the authority to which such notice was given, along with a copy of such notice; and
3. (c) the name and other particulars of the officer who is conversant with the facts of the case, the Litigation Conducting Officer for the case and the name of the officer who is to be authorized to sign and verify the pleadings.

1. (1) It shall be the duty of the authorized Law Officer:
   • (a) to study the case with reference to the case law on the subject and raise all points of defense open to the Government;
   • (b) not to treat the drafting of the written statement or counter as a matter of routine;
   • (c) to go through the para-wise remarks, the relevant files and acquaint himself fully with the facts of the case after discussion with the concerned officers;
   • (d) to prepare and forward the draft written statement or counter along with the connected records to the Law Secretary for approval of the defense;
   • (e) where the matter is urgent, to take the draft and the records personally to the Law Secretary and obtain his approval thereto;
   • (f) to file the statement of defense or the counter or other pleading and documents into court in proper time;
   • (g) to draft of the pleadings properly;
   • (h) to send copies of all pleadings filed in Court to the Law Secretary;
     • (i) to conduct the case with utmost care and vigilance; and
   • (j) to do such other things as the State Government may from time to time require from him
2. (2) It shall be the responsibility of the Law Officer to see that sufficient extension of time, if necessary by filing application, is obtained for the purpose of filling written statement or counter and to see that in no case, any order against the Government or an Officer is passed by the Court ex-parte.
3. (3) In cases of urgent necessity the Law Officer may, in consultation with the Departmental Secretary or the Officer concerned, prepare the final written statement or counter in defense of the claim and file it before the Court and later obtain ratification from the Law Secretary who may after scrutiny direct an additional written statement or counter to be filed,
4. (4) Where in any case an Interim Order is passed ex-parte against the Government It shall be the duty of the law officer to contact the Litigation Conducting Officer and to take necessary steps to get the order vacated, by filling proper application. For that purpose it is not necessary to wait for specific instruction or direction from the concerned Departmental Secretary or the Law Secretary

1. (1) The Law Secretary shall have the power to call for such further information, documents or records as may be found necessary, to require the presence of any officer for consultation and to make any correction, addition or alteration in the draft written statement or counter.
2. (2) It shall be obligatory on the Law Secretary,
   • (a) not to treat the scrutiny of case papers, documents and the draft defense, counter or other pleading as a matter of routine;
   • (b) to take care that no admissions that are not warranted by the records are made to the Court;
   • (c) to ensure that all points of defense, factual and legal, as are open to be taken are properly and adequately raised and included in the final written argument; and
   • (d) to do all other things as are required to be done for effective conduct of the case.

1. (1) The Litigation Conducting Officer shall watch the progress of the case regularly and furnish all information and records required by the authorized Law Officer at all stages till the final disposal of the case including appeal, review or revision if any filed. In doing so he shall obtain, wherever necessary, orders of the official superior or any other higher Officer.
2. (2) The Litigation Conducting Officer shall get the required number of copies of the statement of defense, counter or other pleadings prepared and get it signed and verified by the Officer authorised to sign and verify and then hand over the same to the Law Officer for presentation before the Court.
3. (3) Where any interim order is passed in any case affecting the interest of the Government the Litigation Conducting Officer shall act through the Law Officer to get such order vacated.