Section 3 in Karnataka Conduct of Government Litigation Rules, 1985
3. Cases filed by or on behalf of the Government.
(1)In this part, unless the context otherwise requires:-(a)"case" means any proceeding including an original suit or writ petition initiated by the Government in any court or tribunal but does not include a proceeding by way of an appeal, review or revision;(b)"court" means any civil court and includes a High Court or a tribunal.(2)Subject to the general or special orders which may be made by the Government from time to time in this behalf, no case on behalf of the Government shall be instituted in a court against any person or authority without the sanction of the Government granted in accordance with the rules in this part.(3)Whenever it appears to any officer of a department that it is necessary to institute on behalf of the Government a case in a court or tribunal he shall submit through proper channel, a detailed report of the facts and circumstances of the case alongwith such particulars as are required by these rules and such other particulars as he may consider necessary. The report should indicate in detail the case of the Government.(4)The report under sub-rule (3) shall, inter-alia contain the following particulars, namely:-(a)history of the case;(b)facts and circumstances which necessitates the institution of the case;(c)the date when and the place where the cause of action arose;(e)nature and particulars of the claim;(e)a clear statement of all the evidence both oral and documentary by which the claim can be supported indicating the relevant provisions of the enactment, rules, circular, notification and the like under which the claim is maintainable.(f)copies of the documents, if any, upon which the claim is based and other documents including rules, notifications, orders, circulars and the like, inspection of which is considered necessary for a proper elucidation of the case;(g)objections, if any, which may be or have been urged by the proposed defendants against the claim;(h)evidence, both oral and documentary, which may or is likely to be pressed into service by the proposed defendants against the claim;(i)the financial status or position of the person against whom the case is proposed to be filed; (this is to know whether in the case of a money suit it is possible to obtain satisfaction of the decree that may be passed against him);(j)where the proposed case is for recovery of money, whether the institution of the case is necessary notwithstanding the fact that the possibility of the recovery is doubtful, if so the reasons, therefor;(k)particulars of earlier litigation, if any, between the parties and the result thereof;(l)particulars of earlier litigation, if any, involving similar questions and the result thereof; and(m)any special ground or grounds which render the filling of the case necessary and the consequences of not filing the case;(5)If the officer making the report is an officer subordinate to the Head of the Department, the Head of the concerned department shall on receipt of such a report examine the matter and forward the report along with his remarks to the concerned Administrative Secretariat.(6)If the Administrative Secretariat, after considering the matter decides that it is necessary to file a case, it shall forward the proposal to the [head of the legal cell of the administrative secretariat] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] in the Department of Law and Parliamentary Affairs along with the particulars of -(i)the officer who is conversant with the facts of the case;(ii)the officer who shall be the litigation conducting officer of the case; and(iii)the officer who is to sign and verify the pleadings of the case.(7)(a)On receipt of such a proposal, [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998]shall examine the legality of the claim, call for such further or additional information, documents or evidence and such files as it may think necessary and take a final decision in the matter. If [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] decides to file a case it shall issue necessary orders sanctioning the filling of the case.[Provided where the claim in the case exceeds, the pecuniary Jurisdiction of a Civil Judge (Senior Division), the approval of the department of law shall be obtained to file a case or to reject it] [Inserted by notification No. LAW 266 LAM 96, Dated: 1.1.1998].(b)Where the proposal to file a case is rejected, the concerned Administrative Secretariat shall be informed of the same with the reasons thereof.(8)(a)The order sanctioning the filing of a case shall specify the officer who is conversant with the facts of the case, the litigation conducting officer for the case, the officer who shall varify and sign the pleadings including applications on behalf of the Government and the name of the law officer. The order shall also indicate briefly the grounds for instituting the case and the case of the Government and the date within which the case should be filed in the court.(b)Copies of the order shall be sent to the [Secretary as well as head of the legal cell of the concerned Administrative Secretariat] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998], the concerned law officer, the officers specified in items (ii) and (iii) of sub-rule (6) and to the Director of Prosecutions and Government Litigation in respect of cases to be filed before a court of Munsiff.(9)(a)The litigation conducting officer shall, give necessary instructions and get a draft plaint or petition prepared by the law officer concerned and submit the same to [the legal cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] for approval.(b)[The Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998]shall, examine the draft and ensure that all pleas both legal and factual are pleaded and after scrutiny, forward the approved plaint or petition to the litigation conducting officer who shall get it signed and verified by the officer who is authorised to sign and verify the pleading and thereafter entrust the same along with required number of copies thereof to the law officer concerned for presentation before the court well within the date if any, indicated in the sanction order issued under sub-rule (7) or within the period of limitation.(c)The law officer shall forward to the Government in [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] and where a case is filed in a Munsiff's court, to the Director of Prosecutions and Government Litigation, a true copy of the plaint and its enclosures as actually presented to the Court along with the date of presentation of the plaint. The Law officer shall intimate the number of the case as soon as it is registered. He shall forward true copies of the written statements, counter and other pleadings filed by the defendant, issues framed in the suit and amendments, if any, to the pleadings or issues after getting necessary copies thereof prepared by the litigation conducting officer. Expenses in this regard shall be incurred out of the contingency fund as provided in Article 240(b) of the Karnataka Financial Code.(d)The litigation conducting officer shall regularly watch the progress of the case and shall give necessary instructions to the law officer to whom the case is entrusted at all stages till the final disposal of the case. Before instructing the law officer, wherever necessary, he shall obtain the order of his official superior or any higher officer in such manner as he considers fit. The law officer shall periodically intimate the progress made in the case to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] and in respect of a case before a Court of Munsiff to the Director of Prosecutions and Government Litigation.(10)In cases of urgent necessity, where the delay will be prejudicial to the interests of the Government, notwithstanding anything contained in the above sub-rules, the officer referred to in sub-rule (3), may, if he is a Group-A officer, on his own responsibility, and if he is not a Group-A officer with the approval of his official superior who is a Group-A officer get the case filed in consultation with the concerned law officer and shall immediately forward along with the information specified in sub-rule (4), a report to the Head of the Department, the concerned Administrative Secretariat and [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] explaining the circumstances necessitating such action. The merits of the case may be examined and action taken as indicated in sub-rules (5) to (7). If filing of the case is considered, proper steps taken may be ratified, otherwise case filed may be got withdrawn.(11)The litigation conducting officer shall, whenever considered necessary or expedient, take steps for obtaining appropriate interlocutory orders like attachment before judgment, injunction and the like and shall take such other steps as are available under the code of Civil Procedure or other laws for the effective prosecution of the case. It shall be the duty of the litigation conducting officer to get the case prosecuted effectively.
