Procedure after notice

General202383 sections12 chapters

Chapter VI WRIT PETITIONS FILED AGAINST THE GOVERNMENT

Statutory text

(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) 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) 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.

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