Chapter II CASES FILED BY THE GOVERNMENT

Subject to general or special orders made by the Government in this behalf, no case on behalf of the Government or any of its officers shall be instituted in a Court against any person or authority without the sanction of the Government granted in accordance with the provisions of this Act.

1. (1) Where it appears to an officer of the Government that it is reasonably necessary to institute a case for protecting any right or interest or any property of the Government or to prevent injury or damage to such right, interest or property, he shall forthwith submit to the Government, through proper channel, a detailed report of the facts and circumstances of the case.
2. (2) The report under sub-section (1), shall contain the following particulars, namely.-
   • (a) a brief history of the case;
   • (b) the facts and circumstances calling for institution of the case;
   • (c) the date and place of occurrence of the cause of action;
   • (d) nature of violation, default or injury;
   • (e) form and probable extent of damage or claim;
   • (f) copies of the evidence upon which the claim is based and of the provisions of the law, rules, notifications, orders, circulars or records, inspection of which is considered necessary for a proper elucidation of the case;
   • (g) points of objection that are likely or open to be urged by the opponents in the case;
   • (h) evidence, both oral and documentary, which may or is likely to be pressed into service against the claim;
     • (i) where the proposed case is for recovery of money,
     • (i) a report of whether the institution of the case is necessary notwithstanding the fact that the possibility of recovery is doubtful, with reasons for the conclusion;
     • (ii) the financial status and position of assets of the persons against whom the case is proposed to be filed in order to know whether it is possible to obtain satisfaction of the decree that may be passed against him.
   • (j) particulars of all earlier litigation, if any, between the parties and the result thereof;
   • (k) particulars of earlier litigation, if any, involving similar questions and the result thereof;
   • (l) special grounds which render the filing of the case necessary and the consequences of not filing the case; and
   • (m) other particulars as may be prescribed.
3. (3) If the Officer making the report is an Officer subordinate to the Secretary, Head of the Department, shall on receipt of such a report examine the matter and forward the matter and the report along with his remarks to the Departmental Secretary.
4. (4) If after considering the report the Departmental Secretary is satisfied that it is necessary to file a case, he shall refer the case to the Head of the Legal Cell of the Department along with particulars of.-
   • (i) the Officer who is conversant with the facts of the case;
   • (ii) the Officer who shall be the Litigation Conducting Officer for the case; and
   • (iii) the officer who is to sign and verify the pleadings and affidavits in the case and shall also indicate the date within which the case should be filed in the Court.

1. (1) Upon receipt of the reference from the Departmental Secretary, the Head of the Legal cell shall examine the legality of the case, call for such further or additional information, documents or evidence and such files as he may think necessary and take a final decision in the matter. If the Head of the Legal cell decides to file a case he shall refer the case to the Law Department for order of sanction to file the case:
2. (2) The Law Department may, after considering all aspects of the case, may either reject the proposal or approve the proposal. In case it has rejected, it shall inform the Head of the Legal Cell giving reasons for the rejection and copy thereof sent to the Departmental Secretary. Where the Law Department approves the proposal it shall sanction the institution of the case and inform the Head of the Legal Cell concerned and the Departmental Secretary and also authorize the Law Officer to be in charge of the litigation to file the case within a date, not later than the date of bar by limitation, to be specified in the authorization.

1. (1) The Head of the Legal Cell concerned shall thereupon coordinate with the Litigation Conducting Officer and the concerned Law Officer and get a draft plaint or petition prepared by the Law Officer, and submit the same to the Law Department for approval.
2. (2) The Law Department shall examine the draft, ensure that all the points both legal and factual are pleaded, accord approval and forward the approved plaint or petition to the Litigation Conducting Officer.
3. (3) The Litigation Conducting Officer shall then get it signed and verified by the officer who is authorized to sign and verify the pleading and thereafter entrust the same along with required number of copies thereof to the Law Officer concerned for presentation before the Court well within the date indicated in the sanction order or within the date of bar of limitation, whichever is earlier.

1. (1) The Law Officer shall forward a true copy of the plaint and its enclosures as actually presented to the Court along with the date of presentation of the plaint, to the Government in the Law Department, and where the case is required to be filed in a Court of Civil Judge (Junior division), also to the Director of Prosecutions and Government Litigation.
2. (2) The Law Officer shall intimate the number of the case as soon as it is registered and shall also forward true copies of the written statements, counter and other pleadings filed by the defendant, filing of Interim application and obtaining Ad-Interim Temporary Injunction, issues framed in the suit and amendments if any to the pleadings or issues, as and when such are filed in the court.

Responsibilities of Litigation Conducting Officer

1. (1) It shall be the duty of the Litigation Conducting Officer to regularly watch the progress of the case and to give necessary instructions to the Law Officer to whom the case is entrusted, at all stages till the final disposal of the case. Before instructing the Law Officer, wherever necessary, he shall obtain the order of his official superior or any higher officer in such manner as he considers proper.
2. (2) The Litigation Conducting Officer shall, wherever necessary or expedient, take steps for obtaining appropriate interlocutory orders like attachment before judgment, temporary injunction, order of status-quo ante and the like and shall take such other steps as are available under the code of Civil Procedure or other laws for protection and preservation of government property and for the effective prosecution of the case.

1. (1) In case of urgency such as where it is necessary to act immediately to protect any right, interest or property of the Government, or the delay would otherwise be prejudicial to the interests of the Government, then, notwithstanding anything contained in section 9, the Officer referred to in sub-section (1) thereof, may, if he is a Group-A Officer, on his own responsibility, and if he is not a Group A Officer with the approval of his official superior who is a Group A Officer get the case filed in consultation with any Law Officer.
2. (2) As soon as may be after the case is filed, he shall bring the fact to the notice of the Departmental Secretary and forward his report under section 5 in the manner specified therein: Provided that, in such a case, the Departmental Secretary may after scrutiny and in consultation with the Law Department, record his reasons for withdrawal of the case and withdraw the case, at any time.

1. (1) On the receipt of a notice under section 80 of the Code of Civil Procedure, 1908, the officer receiving the notice shall as soon as may be after such receipt; seek para wise remarks from the officers concerned and forward it to the Departmental Secretary. The Departmental Secretary shall examine the claim made in the notice and the para-wise remarks there-against and take a final decision including the possibility of recording a settlement out of Court, within fifteen days from the date of the receipt of the notice.
2. (2) The Departmental Secretary shall, while examining a case, have due regard to the following aspects, namely.-
   • (i) in regard to a claim which has already been examined and rejected, consider whether any new point which has not been examined earlier has been raised. Such a new point, if any, shall be thoroughly examined and it shall be considered whether the earlier decision requires to be revised. If the Law Department had not been consulted earlier or if new points have been raised, the advice of the Law Department shall be obtained before taking a final decision; and
   • (ii) in regard to a claim which is still under consideration or which has not been examined examine the same and take a decision as early as possible in consultation with the Law Department.
3. (3) While making a reference to the Law Department the Departmental Secretary shall prepare and forward a self-contained note giving the history of the claim and the para-wise comments on the various allegations made in the notice.
4. (4) If the claim is genuine and requires to be admitted, the Departmental Secretary shall take immediate action to settle the claim forthwith. If the claim can be admitted in part only, no response shall be sent without consulting the Law Department.
5. (5) In case of claims arising out of an agreement or contract, where there is a provision in the agreement for referring the matter to arbitration or otherwise where there is provision in law to seek remedy by way of appeal, review or revision alternatively, the party may be advised in the reply to the Notice, to avail the alternative remedies if he so chooses.

1. (1) Every such notice shall be treated on "top priority" basis and dealt with accordingly and the examination of the claim shall be completed and response sent within sixty days from the date of receipt.
2. (2) The Law Department shall not endorse its opinion on the file that the filing of the case may be awaited or that the case if filed may be resisted, without examining the claim in detail.

Application to Writ Petitions The provisions of sections 4 to 10 and 12 above, shall apply mutatis mutandis to filing of writ petitions by the Government.