Section 8 in Conduct of the Government Litigation, Rules, 2000
8. Duties.
(1)It shall be the duty of Government Advocate or Public Prosecutor:(a)To advise the Government department or its officers in respect of any case which he has or may have to conduct for the State or its officers.(b)To appear in the Court in any Civil suit proceedings, appeal, application for review, or revision, or reference, or injunction application, petition of a Civil nature, etc. including petition for exercise of powers under articles 226 and 227 of the Constitution, as the case may be, to which the State or its officers are parties and to take appropriate steps as may be required in accordance with law.(2)Duties of Public Prosecutor in the High Court;Unless otherwise provided in these rules, it shall be the duty of the Public Servant in the High Court to appear on behalf of the State or its officers or any other Public Servant in the High Court:-(i)In connection with Writs of Habeas Corpus;(ii)In every case submitted to the High Court under section 366 of the Code of Criminal Procedure for confirmation of a sentence of death;(iii)In every appeal for enhancement of sentence under section 377 of the Code of Criminal procedure;(iv)In every appeal under section 378 of the Code of Criminal Procedure;(v)In every appeal against a conviction heard by the High Court under section 386 of the Code of Criminal Procedure, if in such appeal the accused person (or when there are several accused persons, any one of them) is represented by a counsel;(vi)In all cases for transfer and bail applications;(vii)In every application in criminal case filed in the High Court on behalf of the State for the exercise by the High Court of its powers of reference and revision;(viii)In all cases of contempt of court in which he is required to appear;(ix)In any other case in which he is required to do so by the Legal Remembrancer.(3)Duties of Public Prosecutor in the Sessions Court-(i)To appeal and conduct the prosecution in every trial before the Sessions Court; and for that purpose, he shall at the earliest opportunity examine the records of the proceedings before the committing Magistrate and ensure that any defect, such as the omission to summon a necessary witness is, if possible, remedied before the date fixed for hearing in the Session Court;(ii)To appear and contest for the prosecution before the Session Court or any appeal against a conviction or application for revision of sentence or an order (not being one of discharge or acquittal) against which no appeal lies or against any other order when notice of such appeal is served upon him or when he is directed by the Sessions Judge so to appear.(iii)To conduct the prosecution in any trial before the Chief Judicial Magistrate or Judicial Magistrate, as the case may be, when so required by the Legal Remembrancer, Law;(iv)Not to withdraw any serious cases from prosecution under section 321 of the Code of Criminal Procedure without consulting the Government through the Law Department;(v)To perform such other duties as may be assigned to him by the Government in the Law Department;(vi)Where the accused person is a Government servant, to intimate the head of the department to whom the Government servant is subordinate about the final order passed by the concerned Court immediately after the said order is passed.(4)Duties of public Prosecutors in Magistrate's Court: - The duties of Public Prosecutor as specified in this rule shall mutatis mutandis apply to the Public Prosecutor attached to the Magistrates' Court except the provisions relating to appeal and revision.(5)Duties for other Governments: - It shall be the duty of the Government Advocate or Public Prosecutor to appear on behalf of other Governments in the case, whether civil or criminal, filed in Court when required to do so by the Legal Remembrancer, Law.(6)Duties at or outside the headquarters: - The duties of he Government Advocate or Public Prosecutor are ordinarily confined to the Courts to which he is attached. However, it becomes his duty to attend other Courts in or outside the State also to conduct cases as may be required by the Government in the Law Department.(7)General Duties. - Unless otherwise provided in these rules, it shall be the duty of the Government Advocate or Public Prosecutor-(a)To finalize pleadings or memoranda of appeals or replies or applications or affidavits or counter affidavits or other documents in the proceedings filed in the Court or the proceedings filed in the Courts of other States;(aa)To ensure that no case is heard by the Court without filling the necessary pleadings or submissions or replies or affidavits or counter affidavits or other documents indicating clearly the contentions of the Government, both on questions of law and facts;(b)To see that no case is conceded before the court, such as granting of bail to any accused or any question of fact not conceded in the affidavit or counter affidavit or any claim against the State without obtaining previous permission of the competent authority;(c)To appear in any case, whether civil or criminal, in which the Court desires him to appear or expresses its opinion that he ought to appear;(d)To assist the Advocate General in civil or criminal cases of special importance, whenever such assistance is required by him;(e)To submit monthly report regarding pending cases to Law Department;(f)As soon as a matter of which the State or its officers are parties is decided by the Court;(i)To communicate the nature of the decision to the administrative department and the Legal Rememberancer, Law, giving brief statement of the reasons on which the decision is based;(ii)To apply immediately for a certified copy of the judgement and order or decree and take all the necessary steps;Where the order or decree has been passed under which any amount is due to the Government or its officers, to take all the necessary steps, with all possible expedition, to realize the moneys and cost so awarded; andWhere the order of decree has been passed against the State or its officers, to see that the order or decree is satisfied, if the Government decides not to challenge the said order or decree;(g)To report to the Legal Remembrancer, Law, any of the following matters arising out of any civil or criminal case decided by the Court:-(i)Any case in which the Court in confirming or imposing the minimum legal penalty expresses or indicates an opinion that a lesser penalty would serve the ends of justice.(ii)Any case in which the Court has observed or expressed or indicated that imposition of any tax, cess, levy, penalty, fine or royalty under any of the enactments is unjust and would not serve the ends of justice;(iii)Any case in which the action of the lower Court or the conduct of investigation or prosecution or the conduct of the Law Officer or a State Employee, has been considered to be gravely irregular or has been severely criticized by the Court;(iv)Any case in which the Court has declared any law or statutory rule to be ultra vires or in which it has observed that a law or statutory rule has been causing inconvenience or anomaly;(v)Any defect or lacuna in any enactment or statutory rule, the removal of which he considers it necessary;(vi)Any pronouncement of the Court on a question of law which is likely to affect other cases in the State;(vii)Any other matter or circumstances which he himself or the Court desires or considers it necessary to be brought to the notice of the Government;(viii)In any case in which any important question of law is likely to affect the policy of the Government or the conduct of the Government or its employees has been the subject of comment by the Court;(h)To assist the Advocate General or Public Prosecutor in the High Court in an appeal or other proceedings relating to a case which he has conducted in the subordinate Court, when the Advocate General or the Legal Remembrancer, law requires him to do so.Chapter-IV Civil Suit and Other Civil Proceedings
