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section 18

Duties and Responsibilities of the Law Officer

The Karnataka Conduct of Government Litigation Act, 2023
General202383 sections12 chapters
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Chapter III CASES FILED AGAINST THE GOVERNMENT

Statutory text
  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

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