Administrative Tribunals.ppt

HANDLING OF LEGAL CASES BY
IA&AD
RAKESH VIJAYVERGIA,
CORE FACULTY, RTI JAIPUR

CLASSIFICATION OF CASES
Arbitration Petition – A petition u/s 11(5) of the Arbitration and Conciliation Act, 1996,
shall be registered as an Arbitration Petition.
Civil Appeal – Ordinarily, the following category of cases shall be registered as civil
appeals:
(1) by certificate under Articles 132 and 133 of the Constitution;
(2) upon grant of special leave to , under Article 136 of the Constitution;
(3) u/s 130E of the Customs Act, 1962; 16
(4) u/s 35L of the Central Excise and Salt Act, 1944;
(5) u/s 23 of the Consumer Protection Act, 1986;
(6) u/s 27A of the Consumer Protection Act, 1986;
(7) u/s 19(1)(b) of the Contempt of Courts Act, 1971;
(8) u/s 38 of the Advocates Act, 1961;
(9) u/s 116A of the Representation of People Act, 1951;
REGIONAL TRAINING INSTITUTE, JAIPUR 3

Civil Appeal continue..
(10) u/s 18 of the Telecom Regulatory Authority of India Act, 1997;
(11) u/s 15Z of the Securities and Exchange Board of India Act, 1992;
(12) u/s 261 of the Income Tax Act, 1961;
(13) u/s 53T of the Competition Act, 2002;
(14) under Sections 30 and 31 of the Armed Forces Tribunal Act, 2007;
(15) u/s 125 of the Electricity Act, 2003;
(16) u/s 29(1) of the Wealth Tax Act, 1957;
(17) u/s 22 of the National Green Tribunal Act, 2010;
(18) u/s 10 of the Special Court (Trial of offences relating to Transaction in
Securities) Act, 1992;
(19) u/s 423 of the Companies Act, 2013; (20) appeal under Sections 17 and
18 of the Airport Economic Regulatory Authority of India Act, 2008.

Contempt Petition (Civil) – A petition under Rule 3 of the Rules to
Regulate Proceedings for Contempt of the Supreme Court, 1975,
read with Section 2(b) of the Contempt of Courts Act, 1971, and
Articles 129 and 142(2) of the Constitution shall be registered as a
Contempt Petition (Civil).
Contempt Petition (Criminal) – A petition under Rule 3 of the 17
Rules to Regulate Proceedings for Contempt of the Supreme Court,
1975, read with Section 2(c) of the Contempt of Courts Act, 1971,
and Articles 129 and 142(2) of the Constitution shall be registered as
a Contempt Petition (Criminal).

Criminal Appeal –
(1) by certificate under Articles 132(1) and 134(1)(c);
(2) under Article 134(1)(a) and (b);
(3)upon grant of special leave to appeal, under Article 136 of the Constitution;
(4) under Sections 30 and 31 of the Armed Forces Tribunal Act, 2007;
(5) u/s 10 of the Special Court (Trial of Offences relating to Transaction in
Securities) Act, 1992; (Criminal);
(6) u/s 374 of the Code of Criminal Procedure, 1973;
(7) u/s 380 of the Code of Criminal Procedure, 1973;
(8)u/s 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction)
Act, 1970, as amended by the Supreme Court (Enlargement of Criminal Appellate
Jurisdiction) Amendment Act, 1972, read with Section 379 of the Code of Criminal
Procedure, 1973;
(9) u/s 19(1)(b) of the Contempt of Courts Act, 1971.

Election Petition – A petition under Part III of the Presidential and Vice-Presidential
Elections Act, 1952 (31 of 1952) read with Article 71 of the Constitution and Order
XLVI of the Rules relating to doubts and disputes in relation to the election of a
President or VicePresident shall be registered as an Election Petition. 18
Original Suit – A suit filed under Article 131 of the Constitution shall be registered
as Original Suit in relation to any dispute–
(i) between the Govt. of India and one or more States; or
(ii) between the Govt. of India and any State or States on one side and one or
more other States on the other; or
(iii) between two or more States.
Petition for Special Leave to Appeal – A petition filed under Article 136 of the
Constitution from an order of the High Court refusing to grant certificate under
Article 134A of the Constitution or in any other case from any judgment, decree,
determination, sentence or order passed or made by any Court or Tribunal, except
relating to armed forces. It may be either civil or criminal.

Special Reference Case –
1. Reference under Articles 143(1) and (2) of the Constitution;
2. Reference under Article 317(1) of the Constitution;
3. Reference u/s 11 of the Competition Act, 2002;
4. Reference u/s 14(1) of the Right to Information Act, 2005;
5. Reference u/s 17(1) of the Right to Information Act, 2005;
6. Reference u/s 257 of the Income Tax Act, 1961;
7. Reference made by Central Govt. or Statutory Tribunals under Order
XLIV of the CPC Rules;
8. Reference u/s 27(3A) of the Wealth Tax Act, 1957;
9. Reference u/s 11(3) of the Companies Act, 2002;
10.Reference u/s 7(1) of the Prasar Bharati (Broadcasting Corporation of
India) Act, 1990.

Transferred Case – A case under Article 139A(1) of the Constitution, upon
being transferred by the High Court to this Court, shall be registered as a
Transferred Case.
Transfer Petition –
(i) petition filed under Article 139A(1) of the Constitution of India shall be
registered as Transfer Petition. It may be either civil or criminal;
(ii) petition filed under Article 139A(2) of the Constitution of India shall be
registered as Transfer Petition. It may be either civil or criminal;
(iii)petition filed u/s 25 of the Code of Civil Procedure, 1908, shall be
registered as Transfer Petition (Civil);
(iv) petition filed u/s 406 of the Code of Criminal Procedure, 1973, shall be
registered as Transfer Petition (Criminal); and
(v) petition filed u/s 11 of the Terrorist Affected Areas (Special Courts)
Act, 1984, shall be registered as Transfer Petition (Criminal).

Writ Petition –
(i) petition under Article 32 of the Constitution relating to an infringement
of a right in Part III of the Constitution in a civil case, other than habeas
corpus, shall be registered as Writ Petition (Civil);
(ii) petition under Article 32 of the Constitution relating to a criminal
matter, including habeas corpus, shall be registered as Writ Petition
(Criminal);
(iii)petition under Article 32 of the Constitution of India relating 20 to
public interest litigation shall be registered as Writ Petition (PIL). It may
be either civil or criminal;
(iv) petition under Article 32 of the Constitution seeking transfer of a case
and shall be registered as Writ Petition (Tr.). It may be either civil or
criminal;
Any other case filed in this Court which does not fall under any of the
above categories may be classified and registered in accordance with or

Review Petition – A petition under Article 137 of the Constitution
shall be registered as a Review Petition. It may be either civil or
criminal.
Curative Petition – A petition under Order XLVIII of the CPC Rules
shall be registered as a Curative Petition. It may be either civil or
criminal
General
The cases arising out of the Terrorist and Disruptive Activities
(Prevention) Act, 1987, or the Monopolies and Restrictive Trade
Practices Act, 1969, or under any other law, which have since been
repealed, have not been indicated in the Chapter though cases
arising therefrom, prior to repeal, are pending consideration of the

SPECIFIC CASES IN IA&AD FIELD OFFICES
Cases dealt by Accounts and Entitlements offices
• Gazetted Entitlement cases
Pay fixation.
Counting of service.
• Pension Cases:
Non release
Less release
Delay in release of pension claiming of interest thereof.
Pension after death of Employee
• Provident Fund cases:
Non release, Less release (Calculation and interpretations), Delay in release,
Payment of Provident Fund and Graduaty after death of Employee

SPECIFIC CASES IN IA&AD FIELD OFFICES
CONTINUE..
Court Cases related to Audit : Specially dealt by PAG/AG (Audit)
offices
Cases related to mandate of audit and jurisdiction of CAG audit
offices, cases due to recovery pointed out by the Audit teams and the
recovery made by the department is not acceptable to the
Agency/person whose recovery pointed out.
Disciplinary and other cases: in All IA&AD offices.

INSTRUCTIONS FOR HANDLING LEGAL
CASES
GENERAL AND GOI INSTRUCTIONS

LEGAL ISSUES
A. I. Court matters
1. Scrutinize of petitions received, entry in database, forward to the respective Depts. Process for
decision to file vakalat after due analysis.
2. Prepare parawise comments and draft counter affidavit with respect to the petition filed in
coordination with the operating Dept. and process for internal administrative approvals.
3. Send the vetted parawise comments to the concerned counsel for finalization of the counter
affidavit and follow up.
4. Scrutinize of decisions of the Court and process for decision to file appeal/review and prepare
arguments as necessary.
5. Attend the discussion sessions with Counsel/Sr. Counsel and court hearings from time to time
wherever necessary and follow up. Attend court sessions and assess need to file additional
affidavit or rejoinder as needed.
6. Conferences and constant interactions with counsels with respect to the legal matters – attend
with the concerned officer of the operating Dept..
7. Prepare periodical reports relating to the cases.
8. Process payment of fees to counsel/ Senior Counsels.
9. Interface with operating Dept. and assistance to the concerned HOD on the legal cases as well
as legal issues and provide regular updates to the superior officer.
10. Maintain respective files and documents, movement of the files.

LEGAL ISSUES
II. Legal References
1. Receive all references and process with due analysis.
2. Process for vetting of Show Cause Notices, Agreements of Authority with
other parties and Orders of the Authority
3. Participate in discussions where necessary with concerned operating
Dept. and obtain clarifications on the above.
4. Receive all references on legal opinions and process with due analysis.
5. Prepare background materials on the above with guidance from superior
officer.
6. Participate in discussion where necessary with concerned Dept., work on
clarifications if any.
7. Enter and maintain in database in respect of SCN, Agreements, Orders
and legal opinions etc and bringing out periodical reports.
8. Maintain respective files and documents, movement of the files through
RNI and ongoing status updating in RNI.

LEGAL ISSUES
RTI Management
1. Receive and maintain RTI Applications / Appeals / CIC order / General from
dispatch.
2. Scan the RTI applications /Appeals /CIC Order / General dak Similarly, scan
Indian Postal Order/Demand Draft and forward to Accounts Section.
3. Segregate above inward Applications, Appeals, CIC’s Order and General dak and
send to concerned officers. .
4. Screen the validity of the RTI Applications/Appeals and return the RTI
applications, if not valid.
5. Analyse the applications and identify the respective CPIOs with the help of
Supervisory Officer where needed.
6. Make entries of RTI applications, appeals, CIC’s Order etc.
7. Forward the RTI applications, Appeals etc. to the concerned CPIOs and First
Appellate Authority (FAA) and send reminders where needed. Send reminder to
CPIO’s and FAA for CIC hearings.
8. Receive replies from respective CPIO’s & FAA and scan the same.
9. Forward CIC’s order to the respective CPIOs and FAA.

LEGAL ISSUES
III. Legal Jurisprudence
• Interpretation of provisions of legislations and/or regulations
framed thereon.
• Research in relevant Law both domestic and international.
• Relevant Case Laws both domestic and international.
• Committees constituted.
• Compilation of important Court Orders and compilation of action
needed thereunder.
• Primary Legislation/ Subordinate Legislation (Acts/Regulations).
• Legal library of case reporters and books on law.
• Periodically update the Dept..
• Maintain respective files and documents, movement of the files.

GOI INSTRUCTIONS
DOPT is the nodal Dept. that formulates policies on service matters and
issues instructions from time to time. These instructions are to be followed
by the Ministries/Dept.s of the Central Govt. scrupulously. All the Court
cases filed by employees have to be defended on the basis of the facts
available with the Administrative Ministry/Dept. concerned, keeping in view
the instructions issued.
(i) a common counter reply should be filed before a Court of Law on
behalf of the UOI by the concerned administrative Dept./Ministry where
the petitioner is serving or has last served; and
(ii) a unified stand should be adopted instead of bringing out each
Dept.'s/Ministry's point of view in the said reply.
It further provides that it is primarily the responsibility of the
Administrative Ministry to ensure that timely action is taken at each stage a
Court case goes through and that a unified stand is adopted on behalf of
GoI at every such stage.
In no case should the litigation be allowed to prolong to the extent that it
results in contempt proceedings.

Case:
A decision/order has been quashed by Tribunal/Court on the ground
that it is violative of the Rules/Govt. instructions, but Govt.'s policy
has not come in for adverse comments.
Action
The Administrative Dept. may implement the CAT Order/Judgement
if it is in consonance with Govt. policy and the Govt. case has been
lost due to Administrative infirmities.

Where the policy of DoPT has not been quashed, but the judgment/order of the
Tribunal/ High Court/ Supreme Court has gone in favour of
Respondents/Applicants.
Case 1
Where in above, the Administrative Ministry is in favour of implementing the
judgement
Action
The Administrative Ministry may take a decision in consultation with DoPT and
DoLA.
Case 2
Where in above, a decision to file Writ Petition/ Special Leave Petition (as the case
may be) has to be taken
Action
The Administrative Dept. may take a decision to file Writ Petition/Special Leave
Petition (as the case may be) in consultation with Dept. of Legal Affairs (DOLA) and

Case
Where the judgment has gone in favour of Applicant/ Petitioner/
Respondent and a scheme/ guideline/ OM outlining Govt. policy has
been quashed.
Action
The Administrative Dept. may take a decision to file WP/SLP (as the
case may be) in consultation with DoPT and DOLA. The references to
this Dept. should be sent at least one week in advance so that it can
be properly examined in DoP&T.
Where CAT or a Higher Court has upheld Govt.'s stand
Action
DoPT may only be informed with all details.

HANDLING LEGAL CASES:
CAG’S GUIDELINES

PROCEDURE FOR OBTAINING LEGAL ADVICE AND
ARRANGEMENTS FOR DEFENCE AND PROSECUTION OF
SUITS
• When a State Accountant General considers it necessary to have a
legal opinion on a case arising in his office but concerning State
Finances, he should ordinarily ask to the Finance Department of the
State Govt. to obtain legal opinion for him.
• If in any case it seems for reasons or urgency, that the legal opinion
should be taken direct, the Accountant General may do so but
should at the same time inform the Finance Department, of what he
is doing.
• This procedure is laid down to make it clear that in all such cases
the State Govt. must bear the cost of legal opinion.
(2.36.1 of MSO Vol-I)

SUITS CONTINUE..
• If the case concerns Central finances, The Accountant
General/Principal Director of Audit concerned should ordinarily
obtain legal advice through the Administrative Ministry/Department
concerned.
• In urgent cases, he may take such action as appears to be
necessary but simultaneously inform the Administrative
Ministry/Department concerned and the Comptroller and Auditor
General of the action he has taken.
• In the case relating to his own establishment, the facts of the case
and the action proposed to be taken should be referred by the
Accountant General/Principal Director of Audit to the Comptroller
and Auditor General for orders.

SUITS CONTINUE..
The Central Govt. cases in Bombay (now Mumbai), Calcutta (now Kolkatta),
Bangalore (now Bangaluru) and Madras (now Chennai) should be referred to
the Ministry of Law, Branch Secretariats at Bombay (now Mumbai), Calcutta
(now Kolkatta), Bangalore (now Bangaluru) and Madras (now Chennai) who
normally make the selection and engage the counsel from the approved
panel of counsels according to the nature and importance of the case and
in accordance with the terms and conditions laid down by the Ministry of
Law.
(2.36.1.2 of MSO Vol-I)
The draft of any plaints, affidavits, and other statements required to be
filed by the Accountant General /Principal Director of Audit should be sent
to the Comptroller and Auditor General for vetting in consultation with the
Ministry of law, wherever necessary.

• In exercise of the powers conferred by Clause (a) of Rule 8-B of
Order XXVII of the first Schedule to the Code of Civil Procedure,
1908 (Act of 1908), the Central Govt. have in various states
appointed the State Govt. pleaders etc., as Govt. pleaders for the
purpose of said order in relation to any suit by or against Central
Govt. or against a public officer in the service of the Govt. in any
Court in the States.
• The Accountants General /Principal Director of Audit should obtain
the services of these Govt. pleaders on the payment of usual fees in
so far as litigation under the Civil Procedure Code is concerned.
• As regards cases in Bombay, Calcutta, Bangalore and Madras the
procedure laid down in the preceding paragraph 2.36.1.2 should be
followed.

• In cases in which the Accountant General/Principal Director of Audit is cited as
one of the parties in the litigation and where his interests do not conflict with
those of the Govt. and/or any other departmental authority also cited as parties,
it may not ordinarily be necessary for the Accountant General /Principal Director
of Audit to engage a separate pleader for representing him, unless otherwise
advised by the Govt. or the Comptroller and Auditor General, and the pleaders
appointed by Govt. in the case may be required to represent the Accountant
General /Principal Director of Audit also, the necessary Vakalatnamas being
prepared and filed for the purpose.
• For the defence and prosecution of suits which do not fall under the preceding
sub-paragraph but which concern the Central Govt., the Accountants General
/Principal Directors of Audit should take such urgent measure as may appear to
them to be necessary and consult the Comptroller and Auditor General who in
turn will obtain advice from the Central Govt..
Note: - The Accountant General /Principal Director of Audit should maintain a

• The question whether an appeal to a higher Court or an application for special leave
to appeal to the Supreme Court, against a judgment or order of a High Court or any
bench of the Central Administrative Tribunal may be made, should be referred to the
Advice Branch of the Ministry of Law who will advise on the matter after examining
the question and seeking the opinion of the Attorney General, Solicitor General or the
Additional solicitor General, whenever necessary.
(2.38 of MSO Vol-I)
• Section 80(1) of the Code of Civil Procedure, 1908 stipulates a minimum notice of two
months being given before a suit is instituted against Govt. or against public officer
in respect of any act done in official capacity.
(2.39 of MSO Vol-I)
Note: -Requirement of notice under Section 80 of the CPC is not applicable in cases
instituted in the Central Administrative Tribunals.
• The object of this notice is provide an opportunity to reconsider the position of the
Govt. vis-à-vis the claim made by party and, if necessary to make amends or settle
the claim without litigation.
• When a notice is received, it should be treated as an immediate reference and its
detailed examination should be completed and a final decision taken well in advance
of expiry of period of notice.

• On receipt of every suit notice u/s 80 of the Civil Procedure Code,
the Accountant General/ Principal Director of Audit concerned
should immediately forward his paragraph-wise comments on the
‘Notice’ to the Comptroller and Auditor General who will if
necessary obtain advice of Ministry of Law regarding the action to
be taken on the Notice. In respect of offices at Bombay, Calcutta,
Bangalore and Madras, the Ministry of Law, Branch Secretariats at
Bombay, Calcutta, Bangalore and Madras may be consulted direct
by the Accountant General/Principal Director Of Audit and the
advice tendered by them intimated to the Comptroller and Auditor
General.
• The procedure will apply mutatis mutandis to notices received in
application for issue of writs and other remedies filed in a Court.

• The Central Govt. is opposed to engagement of lawyers at exorbitant
daily fees in connection with work relating to the Govt..
• The fees to be paid to empaneled/listed counsel are to be determined in
accordance with the rates fixed by the Ministry of Law and Justice,
Department of Legal Affairs, Govt. of India from time to time and in
accordance with item No. 9 of schedule V of Delegation of Financial
Powers Rules, 1978.
(2.40 of MSO Vol-I)
• Where Special Counsel/Panel Counsel is engaged at a fee of more than Rs.
1050/- (and above) per day, per case, it should be regarded as ‘high fees’
and express prior concurrence of the Ministry of Law and Justice should
be obtained.
• The Comptroller and Auditor General has accordingly decided that his
prior approval should be obtained by Accountant General/Principal
Director of Audit in every such case before Counsel is actually engaged.

• Engagement of any Counsel, who is not empaneled and listed as
a special counsel will continue to require prior approval of the
Ministry of Law, even if fees payable do not exceed Rs. 1050/-
per day per case.
• The lawyer’s bills should be settled promptly and in any case not
later than three months of their presentation.
• Following the established practice in India, it is not necessary to
instead a stamped receipt for the payment of fees to a lawyer.
• The legal advice is to be obtained only from Main Secretariat of
the Ministry of Law at Delhi or its Branch Secretariats at Calcutta,
Bombay, Madras and Bangalore and not from Govt. Counsel or
private pleaders.

PRODUCTION OF OFFICIAL DOCUMENTS IN A COURT OF LAW (2.41
OF MSO VOL-I)
When a Govt. servant is summoned by a Court to produce official
documents for the purpose of giving evidence, is bound to produce it
personally or to cause it to be produced by his subordinates unless (i)
the document is not in his custody or (ii) the document is of a
privileged class under section 123 or 124 of Evidence Act 1872.
A document would be privileged if:
(I)It is an unpublished official record relating to any affairs
of State; or CAG’s MSO (Admin) Vol.I (Third Edition)
(II)It contains any communication made to a public officer
in official confidence; provided that in either case the
disclosure of the document would cause injury to the
public interest.

PRODUCTION OF OFFICIAL DOCUMENTS IN A COURT OF LAW (2.41
OF MSO VOL-I)
• Evidence Act –
• Sec. 123: No one shall be permitted to give any evidence derived
from unpublished official record, relating to any affairs of State,
except with the permission of the Officer at the Head of the Dept.
concerned who shall give or withhold such permission as he thinks
fit.
• Sec. 124: No Public Officer shall be compelled to disclose
communication made to him in official confidence when he
considers that the public interest would suffer by the disclosure.

ROLE OF MINISTERIAL/ADMINISTRATIVE STAFF
•A Legal Legend and Former Judge of Supreme Court Sri
Justice Krishna Ayer commented that if officers at the
helm of affairs are aware of administrative law and
observe basic principles of natural justice, birth of
many babies of litigation can be avoided .
•Office notes generated from grass root level are
generally accepted so it is desirable to train the
personnel who play prominent role in preparing the
office notes.
•They have to digest and follow the principles governing
legal scrutiny while preparing the office notes. This
obviates many maladies in State litigation.

JUDICIAL SCRUTINY OF ADMINISTRATIVE DECISIONS
Care to be taken in Administrative decisions:
(A) Principles of Natural Justice are followed or not?
(1) FAIR HEARING (2) FAIR ACTION
(B) Action is vitiated by Arbitrary approach or not
(C) Discriminatory or not
(D) Jurisdiction
(E) Violation of Fundamental Rights
(F) Mandatory procedure is followed or not and if not, did it cause
prejudice or not
(G) Law on the subject is followed or not.

PUBLIC SERVANTS HANDLING GOVT. LITIGATION
Should Posses the Following :
1) Independent Stance and Fairness
2) Thorough knowledge of facts
3) Provisions of Law on the Subject and procedure
prescribed
4) Knowledge about Hierarchy of Courts and their
jurisdiction and way of functioning
5) Communicating Skills
6) Protocols to be followed before Courts.

TYPE OF COURT PROCEEDINGS
Court proceedings mainly are of following
categories
•Writ Petitions before S.C. or High Court (W.P.)
•Original Application (O.A.) before C.A.T. or
S.A.T
•Original Suits (O.S.) before Civil Courts
•Proceedings before Lokayukta
•Proceedings before Human Rights

WRIT PROCEDURE AND AFFIDAVIT
Writ Procedures are filed Stating the Facts and Grounds and an affidavit
is filed in their support.
Affidavit
It is a Statement on Oath by the Deponent Stating the Facts Known
Personally, based on information and on belief. A Signature is affixed
at the end with date and place. It is to be attested by a person who is
Authorized to Administer Oath and Attest.
Counter Affidavit
The Respondent in the Writ petition files a Counter Affidavit as an
Answer to the averments in the Writ petition .

CIVIL COURTS
• Junior Civil Judge & Senior Civil Judge (Specified Pecuniary and
territorial Jurisdiction)
• District Judge ( SP. Pecuniary and territorial Jurisdiction unlimited)
• All Civil Disputes are Cognizable by Civil Courts subject to Territorial
and Pecuniary Jurisdiction.
• Civil Proceedings are known as Original Suits (O.S.)
• The Person who files a Suit is known as Plaintiff.
• He files Civil Proceedings known as PLAINT.
• The Person against whom Suit is filed is known as defendant.
• He files a Written Statement in reply to the averments in the Plaint.

AFFIDAVIT
•In reply to Court Proceedings in Writ petition a
Counter Affidavit is to be filed by one of the
Respondents or all.
•The Affidavit shall contain all facts and Pleas that
are to be Projected by the Respondents.
•Facts if Known personally to the deponent, he has to
state the same. If facts are based on information,
the source of information has to be furnished. If
facts are based on belief, the grounds for belief

PARA WISE REMARKS
•The Central Govt. Appoints Standing Councils in all
courts to represent it in Civil Proceedings.
•Generally the Affidavits are drafted by the Standing
Councils
•The Material to draft an Affidavit is to be supplied
generally by grass root level Officials who are
acquainted with the facts
•The Officer offers his remarks to the contents of
W.P. or O.A. or O.S. by Para wise based on records

Court/
CAT
• Petition conveyed to concerned IA&AD office (PAG/AG)
IA&AD
office
(PAG/AG)
• Prepare parawise reply to the Petition
• Affidavit alongwith parawise reply sent to Govt. Pleader (GP) for examination
Govt.
Pleader
• Examine the Affidavit and reply
• Affidavit and rely sent back to IA&AD office
IA&AD
office
(PAG/AG)
• Affidavit and parawise reply sent to Legal wing of O/o CAG, New Delhi
Legal Wing
(CAG HQ)
• Review and approve the Affidavit with parawise reply
• Sent to concerned IA&AD office
IA&AD
office
(PAG/AG)
• Approved Affidavit sent to Govt. Pleader
Govt.
Pleader
• File the Affidavit in the Court/CAT

PRECAUTIONS TO BE OBSERVED
•In legal Proceedings the stand of state or
institution or public servants is different
than an individual.
•Public interest is the paramount
consideration.
•No personal interest shall be
demonstrated.

PROMPTNESS
•Top Priority to be assigned to Court Proceedings.
•Avoid delay in submitting Para wise remarks.
•If interim orders are issued, take steps immediately
to vacate such orders.
•If final orders are issued, seek instructions for
implementation or assailing the same in the higher
Courts.
•Don’t wait as Law of limitation may be attracted.

PROCEDURE
Answer all averments in W.P.’s or O.A. or O.S. or other Proceedings by
Para wise ,on the basis of:-
• Record or file or information obtained
• If repetitions are there, remarks need not be repeated.
• Remarks shall be Specific, avoid vague or evasive remarks. Denials
shall be specific
• Desirable to note down separately all the points to be answered to
avoid missing of certain points.
• If there is no information get it from the relevant source by way of
report.
• All paras should be responded to as appropriate.
• Non response means acceptance of facts/averment/contention.

LEGAL ASPECTS
• Legal aspects pleaded can be answered in Para wise
remarks regarding sections, rules and G.O.s etc.
• In respect of Judgments of H.C. or S.C desirable to leave it
to the Standing Council. or Higher Officials who know very
well about their application and relevancy.
• If Judgments or Orders of H.C. or S.C. are available with
respect to similar matter, furnish the information.
• All legal defenses such as limitation, jurisdiction, failure to
exhaust statutory remedies, want of Statutory notices(u/sec
80 C.P.C.), any other legal bar ,shall be pleaded.

OTHER ASPECTS
•The name of Court/Tribunal shall be stated at
the top of affidavit. Then, parties names, on
whose behalf affidavit is filed shall be stated.
•Any person acquainted with facts can file an
affidavit. It shall be in 1st person unlike
plaints, petitions and written statements.

VERIFICATION OF PLEADING UNDER ORDER VI RULE
15 C.P.C.
• Every pleading including written statement shall contain at
the foot a verification by party/authorised person
acquainted with facts.
• It shall state with reference to paras , which are to his
personal knowledge and based on information which he
believes to be true.
• It shall be signed by person verifying with date and place.
• He shall also file an affidavit in support of such pleading.
• It shall be signed by party and pleader.
• Corrections shall be attested, and pages to be numbered.

DOCUMENTS TO BE ENCLOSED
•The Copies of all Documents relevant to the
Proceedings shall be enclosed to para wise
remarks/affidavits/written statement.
•Copies of Orders passed, permits or licenses issued
shall be enclosed.
•Copies of Office Notes have to be enclosed if
necessary
•Copies of G.O.’s are to be enclosed.
•If copies of Orders of H.C. or S.C. on relevant

APPEALS AND REVISIONS
• Whenever orders adverse to the interest of Govt. are
passed, prompt action shall be taken to file Appeal or
Revision as the case may be in consultation with CAG’s
office.
• Against judgments of civil Courts and H.C. Orders an
appeal lies.
• Against Interim Order of Civil Courts/ Tribunals and regular
Orders of Tribunals only Revisions lie to H.C.
• Against Orders of single Judge of H.C. Appeal lies to
Division Bench, in other cases to S.C.
• Legal Advice is to be taken to assail them or not.

REVIEW OF PENDING CASES
•Periodical Review of pending cases is to be
done
•Progress is to be monitored and prompt
action is to be taken for early decision or to
avoid delays on the part of Govt.
•Monitoring is now done online using Legal
Information Management & Briefing System
(LIMBS) software.

COMMUNICATION STYLE
• In Para wise remarks or affidavits or written-statements use the
appropriate words.
• Desirable to state them in simple sentences.
• Use appropriate active or passive voice
• Proper Tense is to be used.
• Para and pages to be numbered
• Take care of the Grammar.
• Precision is the Priority.
• Avoid abusive or scandalous language.
• Avoid exhibiting prejudice.

THANK YOU

Administrative Tribunals.ppt

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