Chapter VI WRIT PETITIONS FILED AGAINST THE GOVERNMENT

1. (1) Writ petitions are normally instituted against the state as represented by the Chief Secretary or the Departmental Secretary, the Deputy Commissioner of the concerned district or any officer connected with the subject matter of the claim, in his official capacity.
2. (2) Where the Court notice is addressed to the Chief Secretary it shall be received by the Head of the Legal Cell of the Department of Personnel and Administrative Reforms and forwarded to the Departmental Secretary.
3. (3) In other cases the notice shall be received by the officer named in the petition. Where the notice is served or a subordinate officer, he shall immediately forward the notice along with five sets of the copies of the writ petition and the annexure to the Departmental Secretary.
4. (4) Where such notice is served on the Departmental Secretary or is received by him from the Solicitor in the Law Department or is sent by the subordinate officer under sub section (3) the Departmental Secretary shall thereupon immediately forward the same along with five copies of the writ petition and its enclosures to the Law Secretary indicating the names of officers who.-
   • (i) is conversant with the facts of the case;
   • (ii) shall be the Litigation Conducting Officer in the case; and
   • (iii) shall verify and sign the pleadings.

Where the High Court directs a Government Pleader or Advocate to take notice of any writ petition, such pleader or advocate shall obtain copy of the writ petition and the enclosures if any meant for service on the respondents from the Court and forward them along with his covering letter to the Law Department and shall mark a copy of the covering letter to the Departmental Secretary.

1. (1) On receipt of the copies of the writ petition and documents the Departmental Secretary shall see whether any interim relief is claimed against the Government and whether it is necessary to put in appearance immediately on behalf of the Government. Where he considers it necessary to oppose the petition, he shall forthwith issue necessary order authorising a Law Officer to appear and defend the interests of the State and its officers if any, and also to oppose grant of any interim relief prejudicial to the interests of the State or of any officer of the Government.
2. (2) The Authorisation shall also give the names of the Litigation Conducting Officer and the officer who shall verify and sign the pleadings. A copy of the Authorisation shall also be sent to the Departmental Secretary.
3. (3) In case an interim order is already passed in the case against the Government the Law officer shall take appropriate steps immediately for vacation of the order and for this purpose require the Departmental Secretary to furnish to him forthwith all necessary facts, particulars and documents relevant to the case.

1. (1) Upon receipt of notice or information about filing of a case and/or the copy of the authorisation the Departmental Secretary shall ensure that the Law Officer is posted with the necessary facts and particulars in the form of parawise remarks and the relevant files and records are furnished to him for preparing the statement of objections and other necessary pleadings. Copy of the parawise remarks shall also be sent to the Law Secretary for his information and further action. The Litigation Conducting Officer shall with the assistance of such Officers as he may deem necessary give instructions to and assist the Law Officer and the Law Secretary, in the preparation of the draft counter statement.
2. (2) On receipt of the parawise remarks and the connected records, the Law Officer concerned shall prepare the draft of the counter statement and other pleadings in the case send it along with the relevant files and records to the Law Department for scrutiny and approval of the draft.

The Law Secretary shall before giving approval to the draft counter statement consult the Departmental Secretary who shall upon reference to him get the facts verified from the concerned officers, certify that the facts are verified and found correct and also indicate the name of the Officer who shall swear to the affidavit.

In other respects, the provisions of chapter III shall apply mutatis-mutandis to conduct of writ proceedings.

The provision of chapter V shall apply mutatis-mutandis to appeals against orders in writ proceedings.