Section 23 in The Rules for Occupation of Inspection Bungalows of Departments in-Charge of Public Works Department
23. List of Bungalows and Rest-shed.
- A list of Inspection Bungalows and Rest-sheds is given in the Annexure.Procedure in respect of litigation involving the State Government(1)Whenever a notice under Section 80 of the C.P.C. is received by the concerned officer, he should forward all relevant papers with a statement of facts alongwith the opinion of the local Government Pleader to the Advocate-General. The Advocate-General will indicate the line of defence both on question of fact and law and return the same to the officer. Thereafter the reply will be drafted and issued by the Government Pleader in accordance with the indications given by the Advocate-General.(2)When summons in a suit is received, the concerned Government Pleader will draft the written statement in accordance with the line of defence indicated by the Advocate-General as mentioned above.If there has been any change of events of minor character in between the Section 80-notice and the preparation of the written statement, then he can prepare the pleading with suitable modifications. In case of major change of events, where he thinks that the line of defence requires a change, he should refer the case again to the Advocate-General, who will suggest the line of defence in the light of such change. Thereafter the Government Pleader will draft the pleading and send it to the Legal Remembrancer for formal approval. It is hereby made perfectly clear that by giving formal approval, the Legal Remembrancer does not take the responsibility of settling the pleading. The sole responsibility of drafting the pleading in accordance with the line of defence indicated by the Advocate-General will rest on the Government Pleader. In case of amendment of written statement of minor and formal character, the same may be effected by him, but cases requiring major change should only be done in consultation with the Advocate-General.(3)Similarly in the case of drafting the plaints, the relevant papers with the opinion of the Government Pleader should be forwarded to the Advocate-General, who will indicate the line of action. Thereafter the Government Pleader will draft the plaint In accordance with the suggestions and send it to the Legal Remembrancer for formal approval, which will never mean that the Legal Remembrancer takes the responsibility in settling the plaint. The responsibility of drafting the plaint in accordance with Advocate-General's suggestion will rest on the Government Pleader. The amendment of plaint will be done in the same manner as in the case of amendment of written statements mentioned above.(4)Proposal for preferring civil appeals should be sent by the District Magistrate with his own views and with the opinion of Government Pleader to the Advocate-General. The Advocate-General shall forward the case with his opinion to Government. The decision of Government will be communicated to the appropriate level for taking necessary action.(5)In cases of criminal appeal or revision, the proposal shall be forwarded by the District Magistrate with the opinion of the Public Prosecutor to the Advocate-General, who, after examining the case, will convey his opinion to the Government. The decision of the Government will be communicated to the appropriate level for taking necessary action.(6)In suits of the value of Rs. 20,000 and above, the pleadings will be settled by the Advocate-General. The pleadings will be sent to the Legal Remembrancer for formal approval which, as aforesaid, will never mean any responsibility for the correctness of the stand taken therein.(7)The functions of the Advocate-General as mentioned above may be discharged by him or he may cause it to be done under his guidance through the other Law Officers such as Government Advocate and the Standing Counsels.(8)The Assistant Government Pleaders and the Special Public Prosecutors may indicate proposals for preferring appeals or revisions in respect of cases conducted by them, but they will move through District Magistrate of the district. The Assistant Government Pleaders may discharge the same functions as the Government Pleader of the district in respect of pleadings and Section 80 notices arising within the respective sub-divisions. In those cases, the District Magistrate shall, if he considers the case to be exceptionally important and complicated, obtain the opinion of the Government Pleader before forwarding the matter to the Advocate-General.(9)The District Magistrate will keep the Revenue Divisional Commissioner informed regarding the correspondence with the Advocate-General and in important matters also the Board of Revenue when the District Magistrate so thinks fit.
