Under rule 105 of the Rajasthan Law and Judicial Department Manual, a factual report in respect of cases whereof notices under section 80 CPC have been served on the department, it is required to be furnished within 15 days from the date of receipt of notice is given to facilitate an examination of the case by the government and hence this statutory stipulation. Under the Law, a notice has to be served on the Government and as the Collector represent the Government at the Distt. Head Quarter a notice is served on him and also on the Secretary to the Government in the administrative Department. The collector is required to obtain a factual report from the Officer Incharge i.e. the office giving rise to the serving of the notice is requested to furnish a factual report to him. The Collector forwards the factual report to the Secretary to the Government in the Administrative department and the latter, in its turns. Laws Department after its examination administratively, forward it to them for conveying their opinion. All this has necessarily to be accomplished within two months from the date of the notice. Any delay at any stage would dislocate the whole programme and bebar the department from effectively dealing with the notices given who is always to file a suit as soon as the prescribed period of two months expires. In order that the department may be able to obtain the opinion of the law department well in time, it is enjoined upon all officers of the time, schedule of furnishing a factual report within 15 days from the date of receipt of all the notice to the Collector and copies may also be endorsed to this office through proper channel. In our case this would enable the secretary to the Government in the Irrigation Department to deal with the case as soon as he receives a factual report from the Collector, otherwise what would happen is that in the absence of comments from us he would be obliged to forward the factual report as received from the Collector to this Department for comments. This would adversely effect the time schedule and by the time the case reaches the Law Department, the statutory period of two months is over. It has observed that in several cases that the factual report been furnished timely, the situation could have been compromised by negotiations or effectively defended in the court of Law. These court cases attract, very serious attention of the Government and realise commented upon adversely by the public account committee. Officers who fail to submit the factual report will hereafter be held personally responsible for any loss to the Government resulting by delays or negligence on their part.
