Section 25 in Conduct of the Government Litigation, Rules, 2000
25. Appeal against State.
(1)As soon as the Notice, Notice of Motion of petition or appeal or application, whether civil or criminal, is served on the administrative department concerned of Government, that department shall immediately get types 5 copies of Notice, Notice of Motion, Special Leave Petition, Petition of Appeal and the application for stay or injunction, as the case may be. The administrative department concerned shall send original copy of Notice along with its annexures to the Standing Counsel in the Supreme Court. One copy each of the said Notice and its annexures shall also be supplied by the administrative department concerned to the Government Advocate or Public Prosecutor concerned in the High Court, who conducted the case in the High Court, and one copy to the Legal Remembrancer, Law Department for issuing necessary instructions to the Standing Counsel.(2)If it is decided to file an appeal in the Supreme Court against the judgement, decree, order or sentence passed or made by the High Court, or any other court or Tribunal, the Legal Remembrancer Law shall send instructions to the Law Officer for the State, appointed by the Government in the Law Department in the Supreme Court, for filing Special Leave Petition in the Supreme Court under Article 136(1) of the Constitution, along with the following case papers:-(a)The certified copy/copies of Judgement, decree order or sentence appealed from;(b)A Vakalatnama duly signed by the Chief Secretary in favour of law Officer;(c)Paper-Book; and(d)A detailed note explaining the law and facts of the case.Two copies of the above communication shall also be sent to all concerned.Note: - Limitation period for filing of a petition for special leave to appeal to the Supreme Court is 90 days from the date of the judgement, decree, order or sentence to be appealed from:Provided that the limitation period for filing special leave to appeal to the Supreme Court in a case involving death sentence is 60 days from the date of the judgement, decree, order or sentence under Article 133(a) of the Limitation Act, 1963.(3)On receipt of communication under sub-rule (2), the administrative department concerned shall depute a responsible official not below the rank of Joint Secretary having actual knowledge of the case, to contact the Law Officer for swearing an affidavit in support of the statement of facts and other contents contained in the petition to be filed in the Supreme Court.(4)A Vakalatnama to be filed on behalf of the State be executed by the Chief Secretary in favour of the Standing Counsel and shall be sent to him along with such instruction as may be made in this behalf.(5)As soon as the standing Counsel receives the Vakalatnama and the instructions for contesting the appeal, he shall without any delay draw up the case and lodge the same in the Supreme Court within the time prescribed for.Note: - (i) Limitation for entering appearance on behalf of respondent in the Supreme Court is 30 days of the service on him of the notice of lodgement of the petition of appeal as prescribed under rule 12, Order XV of the Supreme Court Rules, 1966.(ii)Under rule 35, Order XV of the aforesaid Rules, the respondent has to lodge his case within 30 days from the date of service of a copy of the statement of case lodged by the appellant.(6)Filing of Caveat: - If it is anticipate by the administrative department concerned or the Government Advocate or Public Prosecutor concerned in the High Court that an application for special leave to appeal to the Supreme Court will be made by the opposite party and if it is decided to oppose such application, a brief of the case along with opinion on merits of such appeal, shall at once be prepared by it or him and sent to the legal Remembrancer, who shall with necessary instructions send the same to the Standing Counsel for filing of a caveat in the Supreme Court.Note: - It may be noted that until the caveat has been lodged under rule 2, Order XVIII of the Supreme Court Rules, 1966, or a Vaklatnama, has been filed, the State can not be heard in opposition of the special leave petition filed by the opposite party.
