Government of Rajasthan

State Litigation Policy

2018

Law & Legal Affairs Department

 CHIEF MINISTER
RAJASTHAN

Message

I am happy to know that Law and Legal Affairs Department is

bringing out a New Litigation Policy. Ideally there should not be
any litigation between a democratic State and its people.
However, in the Constitutional Democracy governed by the Rule
of Law, It is natural for litigation to happen. I believe that the
State should make all efforts to avoid litigation with its citizens
and if litigation is inevitable, endeavor should be made to bring
such litigation to its logical conclusion at the earliest.
New Litigation Policy addresses all these issues. It makes
provisions for pre-litigation conciliation through pre-litigation
committees. It envisages alternative and speedy modes of
dispute resolution like mediation, arbitration, Lok Adalats, etc. It
also provides for an effective post-litigation management
mechanism. All this will help in speedy conclusion of the
litigation. I hope this New Litigation Policy will be another
milestone in our pledge to Good Governance.
I congratulate the entire team in the Law and Legal Affairs
Department for bringing out this litigation policy and hope that it
will provide a conducive environment for speedy justice and
smoother dispute resolution.

(Ashok Gehlot)
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Dated 2nd May, 2019

Message

It is a great contentment to vouch that the State of

Rajasthan is heading forward to implement the New Litigation
Policy, 2018. This policy reflect the resolve of the state
Government to bring about a perceptible and enduring qualitative
and quantitative improvement in the manner in which litigation is
comprehended managed and conducted by the State. This policy
reflects the national concern that pendency and delay in Courts
should be reduced proactively by the Government. The object of
this New Litigation Policy is to transform Government from
compulsive litigant into a responsible and effective litigant and to
enforce accountability and provide clarifications to the
implementers and stake holders of the policy.
The new litigation policy focuses on the core issue such as
delay etc involved in the litigation and addressing them squarely.
I do hope that implementation of this policy would achieve its
object “Justice for all speedy and real”
Good Wishes for the attainment of this policy.

(Shanti Dhariwal)
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Government of Rajasthan

Rajasthan State Litigation Policy, 2018

Foreword
It is a felicity to implement the New Litigation Policy, 2018 for the State
of Rajasthan. Though the State Litigation Policy, 2011 is in existence but a
critical preview of present litigation scenario and a comprehensive deliberation
on various issues related thereto it is felt that a clear, comprehensive,
efficacious policy is the need of the hour for effective management of State
litigation at various levels upto Hon’ble Supreme Court and hence this new
litigation policy has been shaped.
This new litigation policy has been formulated having regard to view
expressed by the Hon’ble Supreme Court that the statutory authorities should
be model litigants and therefore this policy aims at managing and conducting
the litigation in co-ordinated time bound and cohesive manner. Endeavor has
been made to facilitate resolution of disputes through the means of alternative
disputes resolution like mediation, arbitration, Lok Adalats etc. and to make
the stake holder more accountable in respect to control supervision,
management and conduct of litigation. This policy shall serve as the
authoritative reference for all questions of procedure, norms and
interpretation in relation to conduct of litigation at all stages of litigation
management.
I express my sincere thanks to all the officers of Law Department,
involved in the formulation of this Policy, whose efforts and deliberations
paved way to bring this policy in the present shape and form.
I wish all success for the implementation of the New Litigation Policy-
2018.
Thanks,

Dated: 21.05.2019
(Mahaveer Prasad Sharma)
Principal Secretary, Law
 State Litigation Policy

TABLE OF CONTENTS

Chapter Page

1. Introduction 1

2. Objectives 2

3. Applicability 3

4. The Stake Holders 3

5. Legal Cell 4

6. Nodal Officers 5

7. Officer-in-charge of the case 7

8. Accountability 9

9. State Level Empowered Committee 11

10. Pre Appeal Monitoring 12

11. Pre-Litigation Monitoring 16

12. Matters Covered by previous judgments 19

13. Filing of appeals 19

14. Appointment of Counsel for the State 21

15. Work Distribution 22

16. Remuneration and infrastructure for the Counsels 23

17. Adjournments 24

18. Drafting 25
19. Timely filing of appeals/reviews/SLPs 26

20. Alternate Dispute Redressal 27

21. Specialized Litigation 28

22. Public Interest Litigation (PIL) 28

23. Important cases 28

24. Inter Departmental/Public Sector Undertaking Litigation 29

25. Litigation in Subordinate Courts 30

26. Review of pending cases, rules, circulars and notifications 33

27. Litigation expenses and payment of special fees 33

28. Training 34

29. On line monitoring 35

30. Annexure I 37

31. Annexure II 39
 Government of Rajasthan
Law & Legal Affairs Department

Rajasthan State Litigation Policy, 2018

1. INTRODUCTION

1.1. The Constitution of India guarantees to secure to all its citizens JUSTICE,
social, economic and political. State of Rajasthan honors the rights of all
citizens and endeavors to protect them. Speedy, time bound justice at all
level is the policy and priority of the State.

1.2. Pursuant to the recommendation of 13 th Finance Commission and the

resolution adopted at the National Consultation on “Strengthening the
Judiciary towards reducing pendency and delay” held on 24.10.09, the
National Litigation Policy was framed which in turn led to the
promulgation of the Rajasthan State Litigation Policy, 2011. However,
during the last few years, it has been observed that a comprehensive
review of the policy is needed to ensure that its objectives are achieved.

1.3. The statistics of the litigation reveals that the State is the pre-dominant
litigant in the courts contributing the major share of the pending
litigation. This Litigation Policy is an endeavor to manage the State
Litigation in an efficient and responsible manner to minimize the State’s
contribution by curbing the State litigation so that Courts may get more
time for other pending cases. Upon a critical preview of present
litigation scenario and a comprehensive deliberation on various issues
related thereto, it is felt that a clear, comprehensive, efficacious and
coherent policy is the need of the hour for effective management of
State litigation at various levels from District to State and National

1
 level. It is with the above purpose that the existing policy is being
reviewed and a new Policy, “The Rajasthan State Litigation Policy,
2018” brought into effect.

1.4. The circulars issued by the Law Department from time to time, shall remain
in force to the extent this document is silent and shall be followed in the
spirit of this policy.

2. OBJECTIVES

2.1 In consonance with the National Litigation Policy, the Rajasthan State
Litigation Policy, 2018 aims to evolve a comprehensive scheme and
mechanism along with effective strategies to bring about desired
improvement in the manner litigation is managed and conducted by the
State and to transform the State into an efficient and model litigant.

2.2 This Policy reflects the resolution of the State to bring about a visible
and enduring qualitative and quantitative improvement in the manner in
which litigation is perceived, managed and conducted in the State. It
embodies the national concern that pendency and delay in our Courts
should be proactively reduced by the Government.

2.3 The Supreme Court has repeatedly expressed the view that the statutory
authorities should be model litigants and not put forth false, frivolous,
vexatious and technical contentions to obstruct the path of justice.
Vexatious and unnecessary litigations have been clogging the wheel of
justice for too long, making it difficult for courts and tribunals to
provide easy and speedy access to justice to bona fide and needy
litigants. Statutory authorities exist to discharge statutory functions in
public interest therefore, they should be model litigants.

2.4 With a view to become an efficient and model litigant, the State shall
be guided by the following principles:
2
 (i) The State shall manage and conduct its litigation in responsible,
sensitive and efficient manner.
(ii) Cases which can be resolved by having recourse to alternative
dispute resolution mechanism i.e. mediation, arbitration, Lok
Adalats etc. will be resolved through such mechanism only. The
alternative dispute resolution mechanism will be encouraged as cost
effective and time saving mode of settling legal disputes.
(iii) Management and conduct of litigation shall be done in a coordinated,
time bound and cohesive manner.
(iv) Objections on extremely technical points will be avoided by the
State unless the same goes to the root of the matter.
(v) Litigation shall not be resorted to , for the sake of litigation.
(vi) Endeavour shall be made to withdraw infructuous and petty
cases by periodical scrutiny of the pending cases.
(vii) State should be represented by competent counsels.

3. APPLICABILITY

3 .1 This Policy shall apply to any claim, dispute and litigation involving the
State or its functionaries before Courts, Tribunals, Arbitration and
Alternative Dispute Resolution forums.

3.2 It shall be mandatory for all departments to follow this Policy.

3.3 The Policy shall serve as the authoritative reference for all questions of
procedure, norms and interpretation in relation to management and conduct
of litigation at all stages & forums.

4. THE STAKE HOLDERS

4.1 All stake holders i.e. Government Departments and their functionaries viz.,
Law Officers, Counsels and officials entrusted with the responsibility
relating to control, supervision, management or conduct of litigation, will

3
 have to play their respective part with utmost sincerity and commitment in
effectively implementing this Policy.

5. LEGAL CELL

5.1 Administrative orders issued in day to day working are often challenged in
Courts. To minimize such litigation, administrative orders need to be in
conformity with the relevant Acts, Rules, Notifications and Judicial
pronouncements. To advise the Administrative Departments instantly, on
law points, officers from Legal Service shall be deployed in every
department. The State shall endeavor to strengthen the legal cells in all
departments by providing adequate infrastructure and deploying adequate
number of officers of appropriate rank as per the need of the department,
depending on the quantum and nature of the litigation.

5.2 The officer of Legal Service not below the rank of Joint Legal
Remembrancer shall be posted in the Administrative Department, where
number of Court cases is more than 1000. A Legal Cell, if so requires,
comprising officer of Legal Service of appropriate rank shall be
established at District level to ensure proper coordination between all the
departments collectively and the Government Counsels. Moreover,
another important function that these Legal Cells can also perform is to
coordinate between different departments/ instrumentalities/concerned
officers etc. for the litigation. Especially where different departments of
districts or different districts authorities are impleaded in any matter, the
Legal Cell can perform as a centralized coordination hub between
Government Counsels and State instrumentalities, which will in turn
result into speedy follow up and disposal of matters.

4
5.3 For speedy decision and effective monitoring of litigation, the
officers of Legal Service above the rank of Assistant Legal
Remembrancer shall be directly subordinate to the Head of the
department and Secretary of Administrative Department concerned.
5.4 The legal cell shall be responsible for:-
(i) providing instant advice on law points, in day to day administrative
functions, as and when required;
(ii) Monitoring litigation of the department concerned and providing aid to
the Nodal Officer of the department including preparation of nitty-gritty
of the case, brief notes relating to relevant laws, departmental rules and
precedents/analogous of similar cases decided finally or pending before the
courts.
5.5 The Administrative Departments, where Legal Cells do not exist, will
create so.

5.6 Necessary infrastructure and man power including Stenographer,

IT/Software support etc. will be made available by the Administrative
Department concerned to the Legal Cell for discharging their duties
effectively.

6. NODAL OFFICERS

6.1 Every Department at level and each head of the departments shall appoint
a Nodal Officer. The duties and responsibilities of the Nodal Officers
shall inter alia include regular monitoring, coordination and effective
management of litigation pending before the Supreme Court, High Courts,
Subordinate Courts and Tribunals. Nodal Officer shall pay special attention to
curb delay in filing appeals/petitions within time and in particular, identify
cases in which repeated adjournments are being taken at the instance of the
State for instructions or filing reply and report such cases of repeated and
unjustified adjournments to the Head of the Department.
5
6.2 The Head of Department or Officer of the Legal Service posted in the
Department shall examine relevant records and ensure that the record of
the case justify the reasons for adjournments. If there are repeated
adjournments, serious note will be taken of it and negligence or default on
the part of officer- in -charge concerned will be dealt with
appropriately by the competent authority. It shall be open to the Head of the
Department to call for reasons for such adjournments.

6.3 The Administrative Department shall ensure appointing an efficient officer not
below the rank of Deputy Secretary, capable of managing litigation as Nodal
Officer. If the number of cases of an Administrative Department exceeds
500 the work of Nodal Officer shall be assigned to an officer
independently.

6.4 The Nodal Officer shall maintain a record of the cases pending in
courts, related to his department, such record shall be maintained court-
wise so that cases may be tracked conveniently.

6.5 It has been observed more often than not that the law officers either do not
appear in Courts or appear without due preparation. The basic reason is
incomplete record of pending litigation with the Administrative
Department and improper briefing to the Counsel for the State. This not
only causes inconvenience to the Court but also adversely affects the
State interest. The Nodal officer shall ensure that the relevant record
of the case is provided to the Counsel without delay.

6.6 The factual reports and brief note shall be placed on the file in the
formats prescribed by the Law Department.

6.7 The Nodal Officer shall get the website of LITES (Litigation Information
Tracking and Evolution System) updated regularly. Nodal Officer shall
be provided adequate staff (including an IT personnel for LITES

6
 updates) for keeping the records updated, facility of internet and phone
for proper communication and collecting necessary information.

6.8 The e-mail address and phone numbers of the Nodal Officer shall
be available and accessible to the Counsels for the State and vice-versa.
The Law Department shall also maintain record of all the Nodal officers
and Counsels for the State.

6.9 The Nodal Officer shall also perform such other duties as s pecified
from time to time by the Law Department.

6.10 The Law Secretary shall hold meetings of the Nodal Officers at least once
in six months to get feedback on the status of state litigation, share the
experiences of individuals, pin point the genuine difficulties and evolve
ways and means for further improvements.

6.11 The Nodal Officer shall not be changed frequently.

6.12 Any reluctance in the discharge of duties shall be viewed seriously and
shall be a valid reason for initiating disciplinary action against the
delinquent officer.

7. OFFICER- IN-CHARGE OF THE CASE

7.1 As soon as an information of institution of case against the State is

received by the Department or it decides to institute a case or prefer an
appeal etc., it shall be incumbent upon the Administrative Department/
Head of the Department concerned to appoint an efficient officer as
officer-in-charge of the case who shall be authorized to sign
Vakalatnama/ Affidavits etc., provide brief of defense/facts of the case to
be presented before the court, relevant documents, departmental Laws and
Rules/ instructions/ circulars etc. having bearing on the matter in dispute
to the counsel. In important cases, the Administrative Department shall

7
 appoint an officer well versed with the finer points, (preferably an officer
handling the issue in hand) of the case as additional officer in charge to
assist the officer in charge in bringing the material points before the court.

7.2 The officer in charge will be responsible for collecting the factual
data, preparing a parawise factual report as far as practicable and
briefing the case accordingly to the Counsel for the State. One copy of the
factual report may be sent to the Counsel for the State through e-mail also.
If the factual report is not provided in time to the concerned Counsel, it
shall also be the duty of the concerned Advocate to inform the Department
regarding it. While appointing officer in charge, it shall be kept in mind
that the appointment of the officer in charge is not a mechanical process
but a well-considered decision, because the justice to be delivered in the
case hinges on his performance.

7.3 Officer in-charge of the case shall obtain the information regarding the
present status and the next date of hearing of the case. He shall also
collect all necessary information and ensure that necessary pleadings are
filed within time. The Law officer/ Counsel concerned shall extend full
cooperation to officer-in-charge of the case and ensure timely preparation
and submission of necessary pleadings.

7.4 The officer in charge, if deems fit, shall arrange meeting with the
Counsel for the State/Additional Advocate General handling the case
and brief him about the facts of the case as well as department's point of
view within reasonable time.

7.5 The officer in charge shall remain present in court on every date of
hearing and shall meet the Counsel for the State on the preceding day
of the date of hearing for providing assistance, if so required.

7.6 The officer in charge shall immediately, after the decision to file an
appeal or contesting a case is taken, contact the Counsel for the State
8
 with complete record of the case, brief him and get the appeal / reply
drafted.

7.7 It shall be the duty of the officer in charge to inform about the
proceedings or orders of the court of every date of hearing in the case, to
the Nodal officer who will apprise the same to the Pr. Secretary / Secretary
concerned of the Administrative Department.

7.8 Duties of the Officer-in-charge shall be clearly mentioned in the

letter of appointment. Functions and duties of the officer in-charge of
the case and their conduct in the office of Advocate
General/Government Counsel shall conform to the norms as are
mentioned in Annexure-I to this policy.

7.9 The officer-in-charge shall be responsible for immediate receipt and

submission of the copy of the decision.

7.10 Any reluctance in the discharge of duties mentioned here in above, shall
be viewed seriously and shall be a valid reason for initiating disciplinary
action against the delinquent official.

8. ACCOUNTABILITY

8.1 Strengthening accountability of all the stakeholders/ duty holders in the

management and conduct of litigation shall be of key importance for
successful implementation of the policy at various levels. The Head of the
Department, District Heads of various departments, Law Officer/ Counsel,
members of the Standing Committees, Nodal Officer and Officer-in-
charge must ensure that any laxity/negligence on the part of any
officers/Counsel entrusted with any case is taken seriously and appropriate
action shall be taken promptly. Any imposition of cost and adverse
observation of the Court with regard to conduct of any officer/official or
the lawyers must not be taken leniently.
9
8.2 As part of accountability, there must be critical appreciation of the conduct
of cases. Meritorious cases which have been lost must be reviewed and
subject to detailed legal scrutiny to ascertain responsibility and take
action accordingly.

8.3 The Counsel for the State shall appear in Court with adequate
preparation.

8.4 The Counsel for the State shall inform the officer in charge regarding
any direction /order of the court and apply for the copy of the order on the
same day or latest by the next working day.

8.5 The officer in charges of the cases have expressed at times their
grievances against the functioning of the Counsels on the panel of the
State. There needs to be a set mechanism to redress such grievances. All
such grievances if brought to the notice of the Law Department, shall be
referred to a committee comprising of:

1. Advocate General, Rajasthan

2. ACS / Pr. Secretary /
Secretary of the Administrative Department
3. Pr. Secretary Law
4. Secretary, Law Member-Secretary.

8.6 The above committee shall examine the grievance in the light of the
explanation of the Law Officer/ Counsel concerned, offering an
opportunity of personal hearing, if so required, to the concerned,
prepare a report and shall place it before the State Level Empowered
Committee for consideration.
8.7 The committee shall also suggest ways and means to check the
recurrence.

10
 9. STATE LEVEL EMPOWERED COMMITTEE

9.1 There shall be a State Level Empowered Committee comprising of :-

1 The Chief Secretary of the State Chairman;

2 Advocate General or nominee of the Member;

Advocate General not below the
rank of Additional Advocate
General

3 ACS/Principal Secretary, Finance Member;

4 Principal Secretary, Law Member;

5 Principal Secretary/Secretary, Department Member;

of Personnel

6 Secretary, Law Member Secretary.

9.2 The Chief Secretary may invite any other ACS/Pr. Secretary/ Secretary to
participate in the meeting.

9.3 Functions of the committee:-

(i) To overview implementation of the Policy and management

of litigation at all levels, formulate policies/guidelines for scrutiny
etc;

(ii) To encourage and strengthen Alternative Dispute Resolution

mechanism as cost effective and time saving method of
settling disputes/grievances;

(iii) To advise on important policy matters relating to class of cases,

and all other matters incidental to proper management and
conduct of litigation;
(iv) To enhance accountability on the part of Officials and
Counsels/Public Prosecutors/ Counsels;

11
 (v) To recommend action in cases of gross misconduct or dereliction
of duty or impropriety in any administrative decision of concerned
office, in respect of any class of cases or any individual case of
importance and take suitable measures to enforce accountability on
the part of all stake holders;
(vi) To consider the major causes of litigation and recommend suitable
measures to reduce litigation;
(vii) To review the performance of State Counsels and suggest
measures to strengthen accountability on their part;
(viii) T o e v a l u a t e i mp a c t o f t h e p r e s e n t p o l i c y, r e c o mme n d
improvement in the litigation policy and strengthen institutions
concerning monitoring, management and conduct of litigation.

9.4 The meeting of the committee may be convened at any point of time, if the
situation so requires, but shall be convened at least once in three months.

9.5 The Law Department may place any matter related to monitoring of litigation or
implementation of the litigation policy before the State Level Empowered
Committee for its decision.

10. PRE APPEAL MONITORING

10.1 There shall be a Pre-appeal Monitoring Committee/ Standing

Committee in each Administrative Department comprising of
following:-

1. Additional Chief Secretary

/Principal Secretary/Secretary of
the Administrative Department Chairman;

2. Nominee of Principal Secretary Law

Not below the rank of Joint Legal
Remembrancer Member;
12
 3. Nominee of Additional Chief Secretary/
Principal Secretary, Finance not below
the rank of Deputy Secretary (In matters
involving finance implications) Member;

4. Nominee of Principal Secretary/Secretary,

Department of Personnel not
below the rank of Deputy Secretary
(In service matters) Member;

5. Joint Secretary/D eputy Secretary/

Nodal Officer of the
Administrative Department Member Secretary.

10.2 Functions of the committee:-

(i) To take final decision regarding SLP/No SLP before the Supreme
Court against the judgment of the High Court or Appeal/No Appeal
before the Divisional Bench of the High Court against the Judgment
of Learned Single Judge of the High Court.
(ii) To take final decision regarding Appeal/No Appeal against the
judgment of Civil Services Appellate Tribunal.
(iii) The Committee while taking its decision shall consider the rulings of
the Courts, observations and opinion of the Government Counsels as
well as cost of litigation on exchequer. It would be imperative that
similar controversies which are already decided by the Apex Court
or High Courts are not taken to the Supreme Court for adjudication
again and again specially in service matters of employees.

10.3 The Member-Secretary of the said Committee shall ensure:-

(i) That all relevant material shall be made available to the

members at least 5 days prior to the time fixed for the meeting
in the format as per Annexure-II annexed to this policy. The

13
 notice of the meeting shall also be sent to the members of the
Committee through E-mail.
(ii) That meeting is convened within 7 days from the date of receipt of
copy of judgment in the office.

10.4 In urgent cases, the decision for Appeal/No Appeal may be taken by the
Committee through circulation process.

10.5 Members from Department of Personnel and Finance shall examine

and seek approval up to appropriate level prior to the meeting, regarding
their department's stand so as to be prepared to express authenticated
opinion.

10.6 The Counsel appearing on behalf of the State shall ensure to apply for
and obtain certified copy of the judgment promptly.

10.7 The certified copy of judgment is not mandatory for convening the
meeting. The copy of the judgment downloaded from the website of the
High Court is sufficient for convening the meeting of standing committee.

10.8 The decision of appeal or no appeal once taken shall be final and shall not
be re-opened except on discovery of new facts, misconception or if there
is an error apparent on the face of the record.
10.9 Every inaction or delay by an official at any stage shall attract disciplinary
action under the rules applicable to him.

10.10 The Law Department will issue detail ed instructions to ensure

timely filing of appeals/ review/ SLP’s, from time to time.

10.11 Responsibility will be fixed on erring offic er/official, if the

delay occurs without sufficient reasons.

10.12 If the Committee is not in unison regarding filing Special

Leave Petition and not to file Special Leave Petition, or file
an Appeal or not to file an Appeal, the matter shall be
14
 referred to the Law Department for final decision. The
opinion of filing Special Leave Petition and not to file
Special Leave Petition, or fil e an Appeal or not to file an
Appeal of every me mber with reasons thereof shall be
narrated in the minutes of the meeting.

10.13 The Counsel or office of the Legal Remembrancer, while giving their
opinion for filing appeal/further appeal shall mention the substantial
question of law involved in the cases, where appeal lies only upon
substantial question of law and not otherwise.

10.14 Once the Pre Appeal Monitoring Committee/Standing Committee

has taken a decision of appeal/ no appeal in a particular matter, then
similar nature of cases shall not be placed again before the
Committee for taking a decision of appeal/no appeal. The
Administrative Department itself may take decision of appeal/no
appeal as per the earlier decision of the Committee.

10.15 The standing committee shall:

a. examine thoroughly each and every case on merits and shall give
reasons for Appeal/ No Appeal, after duly considering relevant
Act, Rules, Notifications, Circulars, Judicial precedents and
all other relevant material;
b. not take a decision of appeal merely for the reason that:

(i) it will cast financial burden on the exchequer,

(ii) it is safe to take the verdict of the appellate Court,
(iii) it will affect other similar cases pending in the courts,
though otherwise the case is not fit for agitating in appeal.

15
 11. PRE - LITIGATION MONITORING

11.1 Prior to initiation of litigation against the State, if notice as a statutory

requirement or demand of justice is served by the person concerned, it is
an opportunity for the State to redress the genuine grievance and avoid
unnecessary litigation.

11.2 Notices need to be considered with a view that every claim against the
State is not illegal and it is not always necessary to resist the same. The
Administrative Department shall take decision on the notice or
representation with this spirit instead of avoiding the decision, in a time
bound manner in place of leaving the matter for the courts to decide.

11.3 Notices for Demand of Justice or representation when received shall

be entered in a separate register by the receipt clerk and shall be
immediately placed before the Nodal Officer.

11.4 There shall be a Pre Litigation Monitoring Committee in each

Administrative Department comprising of:

1. Additional Chief Secretary/

Principal Secretary/Secretary/Special Secretary
of the Administrative
Department
Chairman;

2. Joint Legal Remembrancer/

Deputy Legal Remembrancer nominated by
the Principal Secretary Law Member;

3 . Joint Secretary/D eputy Secretary of

Finance Department nominated
by the Additional Chief Secretary/
Principal Secretary Finance
(In matters involving financial
implications) Member;

16
 4. Joint Secretary/D eputy Secretary
of Department of Personnel nominated
by the Principal Secretary /
Secretary, Department of personnel Member ;
(In service matters)

5 . Joint Secretary/ Deputy Secretary/

Nodal Officer of the
Administrative Department Member-Secretary.

11.5 Every Notice for Demand of Justice shall be placed before the Pre-
Litigation Monitoring Committee and the Committee shall take final
decision with respect to the relief sought in the notice.

11.6 If Administrative Department considers that any legal issue is

involved in the matter and legal opinion is required for resolving
the issue prior to the notice being placed before the Committee, the
Administrative Department, after framing the question of law, may
refer the matter for legal opinion to the Special Cell of Law
Department constituted for this purpose.

11.7 A Special Cell headed by a retired District Judges along with requisite
supporting staff has been created in the Law Department to examine
and opine on the legal points raised in the notice or referred by
the Ad ministrative Depart ment. Opinion along with reasons
to be recorded in writing shall be communicated to the
Administrative Department within seven working days for further
necessary action.

11.8 Nodal officer of the Administrative Department / Member Secretary of

the said Committee shall place the opinion of the Special Cell in the
meeting of the Committee for its decision.

11.9 The Pre-Litigation Monitoring Committee shall:

17
 (a) examine thoroughly every case on merit and shall pass reasoned
order after due consideration of legal opinion, relevant Acts,
Rules, Notifications, Circulars, Judicial precedents and other
relevant material;
(b) Accept the claim keeping in mind principles of natural justice;
(c) Consider accepting the claim partially to the extent found
genuine while refusing the rest;
(d) Take a decision within the time stipulated by the regulating laws.

11.10 The Member Secretary shall ensure:

a. That opinion of Special Cell and all relevant materials are made
available to the members at least 5 days in advance for final
decision;
b. That reference of all cases decided earlier on the same point with
reference in respect to the case of any other party or same party and
also the cases pending in Courts on the point in issue are placed
before the Committee.
c. That meeting of the Committee is convened at the earliest but not
later than 7 days from receipt of notice and within 5 days from the
receipt of opinion of Special Cell for final decision.
11.11 The decision of the Committee taken on the said notice shall be
communicated along with reasons either by post or through Email to the
concerned person without delay and in all probabilities prior to the expiry
of the notice period.

11.12 The Administrative Department shall ensure prompt compliance of accepted

claims.

11.13 The Administrative Department shall maintain the record of every

notice so received, meetings held, decision taken and
communication of the result thereof to the person concerned.
18
11.14 The Nodal Officer shall be responsible for immediate action on the notice or
representation received.
11.15 Every inaction or delay by an official dealing with notices shall attract
disciplinary action under the rules applicable to him.
11.16 If Administrative Department considers that representation received from
any person, would lead into litigation, then such representation shall be
placed before the Pre-Litigation Monitoring Committee and such
representation will be decided within a period of three months.

12. MATTERS COVERED BY PREVIOUS JUDGMENTS

12.1 A good number of cases may involve similar nature of claims. Each
Department will strive to redress and settle claims of the applicants/
employees/ citizens, if the claim is found covered by any final decision of
the Court/Department, for example, number of service matters of similar
nature can be disposed of at the level of the Department itself
without compelling the litigant to go to the Court. In this manner, the
Departments would be acting as efficient litigants.

[Link] OF APPEALS

13.1 Appeals shall not be filed against ex-parte, ad interim orders unless
the stakes are high or the order is against public interest. Attempt must
be made to first get the order vacated/set aside. An appeal may be filed
against an ex-parte order only if the order is not vacated and the
continuation of such order causes prejudice especially in matters of
public importance.

13.2 Writ Petitions shall not be filed against an order of the Service Appellate
Tribunal, unless:-

19
 (i) the order is contrary to Service Rules and /or in violation of
settled principles of law, or
(ii) there is apparent error of facts, or
(iii) the order will have impact on other service cadre and cast
financial burden, or
(iv) the order will adversely affect the discipline in the services or
lower down the morale of the members of services.

13.3 Writ Petitions will not be filed ordinarily against orders of the Service
Appellate Tribunal:-

(i) in routine, where case of an individual employee does not have

any major repercussions and does not set a precedent, only on the
ground that it has financial implications;

(ii) in cases where the matter pertains to pension or retiremental

benefits having no likelihood of any legal principal or
apprehension of any precedent being settled and financial
implications of less than Rs.5 lacs.

13.4 Appeals must be filed intra court i.e. in the appellate court of
first instance. Direct Special Leave Petitions to the Supreme
Court must not be resorted to, except in extraordinary cases.

13.5 Appeals to Supreme Court should be preferred only where:-

(i) important point of law is involved; or

(ii) judgment adversely affects the public finances or public conscience
at large; or
(iii) the High Court exceeds its jurisdiction or declares any enactment
ultra-virus or takes an unfounded interpretation of statute.
13.6 In case of concurrent and reasoned findings of two courts, appeal
should be preferred exceptionally on sound reasoning only.
13.7 In revenue matters appeals will not be filed:-
20
 (i) where the stakes are not high and are within the pecuniary
limits of the competent revenue authority; or
(ii) where the case is covered by settled principles of law.

14. APPOINTMENT OF COUNSEL FOR THE STATE

14.1 The State litigation, apart from revenue matters, service matters, matters of
public importance involves other variegation of cases also. It is
important to select and appoint efficient Counsels to handle the State
litigation and safeguard the State interest.

14.2 Advocate General is appointed under Article 165 of the Constitution of

India and is a Constitutional Authority with a prime duty to advise on
the legal matters. Additional Advocate Generals are appointed to help
and share the responsibility of the Advocate General. Appointment of
Additional Advocate General as per the requirement should be made
on the advice of and in effective consultation with the Advocate
General.

14.3 All other Counsels/Advocates for efficient and effective discharge of

the duties shall be selected by the State Level Empowered
Committee.

14.4 The Committee shall screen the aspirants possessing minimum experience
of practice in High Court/Supreme Court as laid down in the table herein
below or as prescribed by the State Government from time to time or any
law for the time being in force :-

[Link]. Post Minimum experience of

practice
1. Additional Advocate General 10
2. Government Counsel 07

21
 3. Additional Government Counsel 07
4. Deputy Government Counsel 05
5. Assistant Government Counsel 03
6. Panel Lawyer, Hon’ble Supreme 05
Court, New Delhi

14.5 For ascertaining effective experience and competence to handle

State litigation in Courts the Committee shall be at liberty to formulate
its own principles and procedure.

14.6 The State has multifarious type of litigation and services of Counsels
competent to handle them are necessary. At the time of selection of
the Law Officers to represent the State the specific requirements of
expertise to cater to the need of different Administrative Departments
shall be kept in consideration, so that State interest is safe guarded and
the State may not have to look around time and again to engage some
expert Counsel on higher remuneration to conduct the case.

14.7 The Committee shall submit the list of the selected Counsels to the Law
Minister for further necessary action. The selection process shall be final
only after the approval at the appropriate level.

15. WORK DISTRIBUTION

15.1 The State shall carefully select Counsels to represent the State in the Courts
and take optimum advantage of their experience, skill, proficiency and
legal acumen. For the best results, work amongst the Counsels for the
State shall be distributed rationally. The expertise in any particular field of a
Counsel may be considered for specific cogent reasons.

15.2 Advocate General is a Constitutional Authority and Additional Advocate

Generals are appointed to share his responsibility and they are on a higher
22
 pedestal in the system. Administrative Department shall not demand
appointment of Advocate General and shall not appoint Additional
Advocate General in a routine manner for less important matters. If
appointment of Advocate General is required at a later stage then
opinion of Advocate concerned handling the case for such proposed
allocation should be placed on record.

15.3 The frequent request for change of Counsel or assigning the case to
Advocate General at a later stage shall be considered only on the
mentioning of specific cogent reasons.

15.4 The Law Department shall evolve a system to ensure equal and
rational distribution of work amongst the Counsels for the State. The
Law Department shall review the present system of distribution of
work and take measures to rationalize the distribution.

16. REMUNERATION AND INFRASTRUCTURE FOR THE

COUNSELS

16.1 Though the remuneration to the counsels for the State cannot be as lucrative
as paid by a private litigant but still the remuneration should be reasonable
enough to attract more competent Counsels to serve the State. The
remunerations should be reviewed and revised from time to time.

16.2 The infrastructure at all levels should be conducive for efficient working.
The State shall endeavor to provide suitable office accommodation,
necessary staff and communication facility for efficient working.

16.3 Facility of access to latest Judicial pronouncements is a basic need

for good performance of a Counsel and the State shall endeavor to provide
the same at all levels.

23
 [Link]

17.1 Unnecessary and frequent adjournments should be avoided by the Law

Officers/ Counsels. The Lawyers should also point out misjoinder or
non-joinder of parties so that officials not connected with the matter
are not harassed.

17.2 In fresh litigation where the State is a defendant or a respondent in

the first instance, a reasonable adjournment may be applied for
obtaining instructions. However, it must be ensured that such instructions
are made available and communicated within reasonable time before the next
date of hearing. Where instructions are not forthcoming, the matter must
be reported to the Nodal Officer and, if necessary, to the Head of the
Department concerned.

17.3 If it is not possible to file necessary pleadings in the Court on the date
fixed, the officer-in-charge of the case shall contact the office of
Advocate General/Law officers/ Counsels in order to file an appropriate
application seeking further time to file such pleadings. However, the
above procedure shall not be taken recourse to in a routine manner and
further time should be prayed for, only on reasonable sound grounds.

17.4 In Appellate Courts, if the paper books are complete, then

unnecessary adjournments must not be sought in a routine manner. The
matter must be dealt with at the first hearing itself. In such cases,
adjournments should be applied for only if a specific query from the court
is required to be answered and for which instructions are required to be
obtained.

17.5 Cases in which costs are awarded against the State, as a condition for
grant of adjournment should be seriously viewed.

24
17.6 The persons responsible for the default entailing the imposition of costs
should be identified and suitable action should be taken against them.

[Link]

18.1 Drafting is the backbone of the litigation. Parties can argue their case on
the basis of pleadings only.

18.2 Drafting of Suits, Replies, Appeals, Writs or Special Leave Petitions

should be in compliance with the settled norms of drafting and pleading.

18.3 Administrative Department is responsible for providing factual data to

the counsel and vetting the draft on facts, if so required. The
Administrative Department should ensure true, chronological averment
of facts. No fact should be suppressed. The Administrative Department
may further consult and follow the circulars issued by the Law
Department in this behalf.

18.4 Drafting by the Counsels for the State shall be invariably vetted on
law points by the concerned Additional Advocate General. Drafting
should be in compliance with the rules of the court. The committee
constituted for review of performance of counsels shall review quality
of drafting also and if necessary, take appropriate action.

18.5 The miscellaneous applications filed during litigation, for restoration,

condonation of delay etc. need to be drafted cautiously and not in a
routine slip shod manner. The application should be drafted catering to
the need of the particular case.

18.6 Casual drafting shall be viewed seriously by the committee constituted for
reviewing the performance of Counsels for the State.

25
18.7 The Counsels for the State shall be prompt in drafting and presentation.
As soon as the case is assigned and the record is made available, the
drafting work should start and not take more than 7 days to
conclude. In case any further information is required, the officer-in-
charge /Nodal Officer shall provide the same within 2 working days.
Time is the essence of the policy and the Administrative Department as
well as the Counsels for the State need to adhere to it. Deviations if
any, are to be viewed seriously and the consequences shall follow.

[Link] FILING OF APPEALS / REVIEWS /S.L.P.s

19.1 It is observed that sometimes meritorious cases are lost because

appeals/Reviews/S.L.P.'s are filed beyond the period of limitation and
without any proper explanation of such delay. At times, particularly in
cases where high stakes are involved, such delays may not always be
bonafide and therefore, to curb this malpractice, timely filing of
Appeals/Review/SLP is essential.

19.2 Whenever an order is passed by a court, the officer in-charge shall

obtain opinion of Counsel on it and bring the matter to the notice of the
competent authority. In case it is decided to prefer an Appeal/Review/SLP,
Administrative Department shall ensure that such Appeal/Review/SLP
shall be filed well within the stipulated time. If there is delay in filing
Appeal/Review/SLP or failure to comply with a court order leading to
filing of a contempt petition without sufficient cause, the matter shall
be examined by the concerned department to find out reasons for such
delay/failures and also to identify the erring officer/ employee
responsible for such delay/failure and take suitable action against
them if there were no reasonable and sufficient grounds for such
delay/lapse.
26
19.3 If a Writ, Appeal/Review/S.L.P. is dismissed by the High Court or the
Supreme Court on the grounds of laches by rejecting application for
condonation of delay, the concerned department shall invariably
inquire into the matter to fix the responsibility and ensure that
appropriate disciplinary action is taken against the erring officer/
official/Counsel.

20. ALTERNATE DISPUTE REDRESSAL

20.1 The State should adopt recourse to Alternative Dispute Redressal system
in the cases where it is practically feasible to avoid prolonged litigation in
the courts.

20.2 Arbitration and mediation clause should be invariably included in the

State contracts. The State should prepare a panel of arbitrators of integrity
and sound legal knowledge.

20.3 The awards of the arbitrators shall not be challenged except upon
sound and logical reasoning.

20.4 The State shall endeavor to resolve disputes through Alternate Dispute
Resolution in labour cases, insurance claim cases, motor accident claim
cases, cases arising out of petty contracts in which huge financial
implications are not involved and other cases of individuals where they do
not create precedents. The Administrative Department shall consider and
take a decision about the terms of compromise and authorize a competent
officer to appear and compromise the matter in the Court.

27
 21. SPECIALISED LITIGATION

21 Proceeding seeking judicial review of contracts and tenders shall be

defended in view of good governance and Constitutional mandate. Where
the progress of project is held up in judicial proceedings, the case shall be
taken up vigorously in public interest, however, in case where
proceedings are found on the allegation of breach of natural justice and
there is substance in the allegation the case may not be proceeded, order
may be set aside and reviewed after proper hearing.

22. PUBLIC INTEREST LITIGATION (PIL)

22. Public Interest Litigations must be taken seriously. Several PILs are
filed for collateral reasons including publicity or for the individual
benefit of third party, such litigation should be exposed as not bona-
fide. In the PILs where projects are stayed by interim orders of the
Court and in case such PIL is rejected or dismissed, prayer for
imposing condition to pay compensation should be insisted upon,
before the Court by the Department.

23. IMPORTANT CASES

23.1 The Administrative Department shall maintain a record of all

important cases pending and shall notify the same to the respective
Counsels for the State. Extra vigilance is required in monitoring these
cases and any default or negligence shall be punished exemplarily.

23.2 Contempt cases are matter of great concern and create embarrassing
situations for senior officers. The Nodal Officer of the Administrative
Department should maintain a record of Court directions, orders and

28
 judgments and ensure compliance immediately if decision of no appeal
is taken otherwise must file an appeal within time and obtain the stay. In
case stay is not granted by the Appellate Court, the order appealed
against, shall be complied with under protest subject to the decision in
appeal.

23.3 The reply to contempt petition/ compliance report shall be signed by the
contemnor/ his successor in office only and not by the coordinator save
in exceptional cases.

24. INTER DEPARTMENTAL /PUBLIC SECTOR

UNDERTAKING LITIGATION

2 4 . 1 All matters between different Departments of the State, between

Department and Public Sector Undertaking and between Public Sector
Undertakings shall be referred to the State Level Empowered Committee.

24.2 The Additional Chief Secretary/Principal Secretary/Secretary of the

concerned departments /Public Sector Undertakings shall also be the
members of the State Level Empowered Committee.

24.3 No case shall be filed in court by any Department or Public Sector

Undertaking against each other without prior approval of the State Level
Empowered Committee. It shall be the duty of the Additional Chief
Secretary /Principal Secretaries /Secretaries of the concerned
Departments/Public Sector Undertakings to refer the matter to the State
Level Empowered Committee.

29
 [Link] IN SUBORDINATE COURTS

25.1 Criminal cases up to the Court of Chief Judicial Magistrate are handled by
Assistant Prosecuting Officers (APO). This wing of the Assistant
Prosecuting Officers is under the control of the Home Department. Appeals
against the judgment of acquittal passed by the Magisterial Courts lie either
to the Court of Sessions or to the High Court as per the provisions of the
Criminal Procedure Code. Since the record of the Assistant Prosecuting
Officer forms the basis of appeal and therefore, it is essential that all the
statements recorded during trial and other relevant documents are available
on record while taking a decision of appeal or no appeal. The Assistant
Prosecuting Officers (APO) shall ensure that the record is kept updated
regularly.

25.2 Dealing of Criminal cases [trial by the Session Judge/ Addl. Session
Judge/Special Judge (SC/ST Act)/ (NDPS Act)/ (POCSO Act)/(ACD) etc.]:-

(i) Proper attention for examination of witnesses should be given during

trial to avoid adverse effects on the interests of the State. The officer
incharge scheme should be adopted in dealing with the cases,
specially in the cases under the Prevention of Corruption Act 1989,
POCSO ACT 2012, NDPS ACT and Section 302,376,304 B of IPC.

(ii) The Public Prosecutor/Additional Public Prosecutor/Special Public

Prosecutor shall file application for copy of judgement on the same
day of pronouncement of the judgement or on next day and shall
provide certified copy of the judgement along with his reasoned
opinion for appeal/no-appeal along with the complete prosecution file
to the concerned District Magistrate within three days from the date
of receipt of certified copy. The Counsel cum Public Prosecutor for
the Rajasthan High Court Jodhpur/Jaipur shall also send the certified
copy of the judgement along with relevant record and their opinion to
30
 the Law Department within seven days from the date of
pronouncement of the judgment.

(iii) The District Magistrate shall provide the complete record to the Law
Department within seven days from the date on which the record was
received from the concerned Public Prosecutor/Additional Public
Prosecutor/Special Public Prosecutor along with his reasoned
recommendation for Appeal/No Appeal.

(iv) The Director General of Anti Corruption Bureau, in cases under the
Prevention of Corruption Act and the District Magistrate in all other
Sessions cases shall send the original prosecution file and requisite
extra copies (four clear and legible uncertified copy of the judgment)
of the judgment of the Trial Court along with their recommendations
of Appeal/No Appeal within 15 days from the date of pronouncement
of judgment by the Trial Court, to the Law Department. It shall be
the responsibility of the Anti Corruption |Bureau/ District Magistrate
to provide extra set of complete prosecution file to the Advocate/
Public Prosecutor at Rajasthan High Court Jodhpur/ Jaipur in case, a
decision of filing an Appeal against a judgment has been taken by the
Law Department.

(v) The District Magistrate shall ensure the presence of the Public
Prosecutor/Additional Public Prosecutor/Special Public Prosecutor
before the trial court at the time of hearing of the case and if the
Public Prosecutor/Additional Public Prosecutor/Special Public
Prosecutor does not appear before the trial court, the District
Magistrate shall propose action against the defaulting Public
Prosecutor/Additional Public Prosecutor/Special Public Prosecutor to
the Law Department.

31
 (vi) The Counsel of the Rajasthan High Court Jodhpur/Jaipur shall also
ensure the presence of other Additional/Deputy/Assistant Advocates
before the High Court at the time of hearing of the cases.

25.6 Civil cases in subordinate Courts are conducted by Counsels. It is a

common grievance of Counsels that officers-in-charge of the cases does not
provide the record to them in time. Similarly, witnesses do not turn up on
some or the other pretext resultantly having adverse effect on State
interest.

25.7 The District Magistrate/Collector shall appoint a Nodal Officer competent

to bridge the gap between the Counsel and the officers-in-charge. The
Nodal officer shall keep a track of the pending cases of the State on the
civil side and ensure that records are supplied with, reply are
submitted in time and the officers-in-charge and other witnesses
appear in evidence, whenever the Court requires. The officers-in-charge
negligent in the discharge of their duties shall be liable for stringent
disciplinary action.

25.8 The decision of appeal or no appeal in civil cases shall be taken within
15 days from the date of receipt of certified copy of decree/order or judgment
and in case decision to prefer an appeal is taken, the same should be filed
within the period of limitation. Timely filing of appeal shall be the joint
responsibility of the officer-in-charge and the Head of the Department
concerned.

25.9 It is generally observed that delay occurs due to tendency of departmental

witnesses of avoiding their presence as witness in Court, hence the
Controlling Authority shall ensure that the departmental witness will not
unnecessary avoid appearing as witness in court cases. Such witness would
be liable for disciplinary action, if the Counsel/Public Prosecutor/Court

32
 recommends that delay has accrued or the State has lost the case, due to his
non-appearance.

[Link] OF PENDING CASES, RULES,CIRCULARS

AND NOTIFICATIONS

26.1 The Administrative Department at level shall review all the pending
cases at least every 3 months. The cases which have become infructuous
by the lapse of time or the point involved in it has attained finality, need
not be persued and should be withdrawn.

26.2 The Head of the Department shall convene the meeting at least once in
every month, to review the progress of all pending court cases and send
the minutes of the meeting to the Administrative Department
concerned.

26.3 The cases hinging on the settled principles of law or on principles laid
down in other similar matters and have attained finality should not be re-
agitated. If such cases are pending they shall be reviewed and withdrawn
in the courts.

26.4 The rules, circulars and notifications shall be made available on the
official website of the portal of the Administrative Department and
shall be reviewed from time to time and suitably amended to be in
consonance with the established principles of law laid down by judicial
pronouncements after having attained finality.

27. LITIGATION EXPENSES AND

PAYMENT OF SPECIAL FEES

27.1 The process of litigation requires funding also and the process should not
be delayed or defeated for want of timely funding. To defray the litigation

33
 expenses, a sum may be fixed for every level of litigation and the
Administrative Department must provide the amount to the officer-in-
charge at the first instance, to be paid to the Counsel for the State for
defraying the expenses of typing, photo copy etc. This will save the time
consumed in raising the demand by the Counsel, procuring the amount by
the officer-in-charge in due process and making the payment to the
Counsel. If the expenses turn out to be more than the fixed amount, the
Counsel for the State shall submit a detailed bill as per the circular of
the Law Department and payment shall be ensured without delay by
the Nodal Officer concerned. The Counsel for the State shall not delay
the presentation only on the ground of pendency of payment of expenses.

27.2 The Counsel for the State shall ensure that a demand more than the
rates prescribed in the circular is not raised and violations shall be noticed
by the review committee while reviewing the performance.

27.3 Wherever the case is considered a special case and special fees are
sanctioned, the Administrative Department shall send the bill in
triplicate after proper verification in the prescribed manner to the Law
Department within 10 days after the fees become payable.

[Link]

28.1 Training programs, seminars, workshops and refresher courses for

Officers of Legal Service and Nodal Officers will be encouraged. There
shall be continuous legal education for Officers of Legal Service and Nodal
Officers with particular emphasis on identifying and improving areas of
specialization. Law Department in consultation with experts and all
concerned will prepare special courses. The training programs, seminars,
workshops and refresher courses will be conducted at regular intervals

34
 and for this necessary co-operation and assistance will be rendered
by all other Departments/State Academies, whenever needed.

28.2 Law Department will conduct these training programs/seminars/

workshops/ refresher course at least once in a year. A short term training
program shall also be conducted for newly selected Junior Legal
Officers prior to their posting in various Departments of the
Government .

[Link] MONITORING

29.1 A Website named as LITES (Litigation Information Tracking and Evolution

System) already exists in Rajasthan with the objective to monitor the
progress of litigation regularly in which State is a party, to improve
efficiency in handling cases, to assess the performance of
Counsels/Litigation In-charge and officer-in-charge, to diagnose flaws to
improve and strengthen the system, to reduce unnecessary litigation and
multiplicity of litigation and to curb the litigation expenses. The aim of this
website is to use information and communication technologies to improve
the management of cases and to provide better services to various
Departments to manage their cases pending in different courts.

29.2 It is mandatory for all the Nodal Officer of the Departments of the State of
Rajasthan to enter every case details on the LITES and shall update their
data regularly.

29.3 The Head of the Administrative Department/Nodal Officer shall monitor the
progress of litigation of their Department regularly through LITES.

29.4 To monitor and updating the LITES website regularly, the Nodal Officer
shall be responsible. One technical staff shall be provided/ deputed by the
Administrative Department and Head of Department to the Nodal Officer to

35
 facilitate smooth functioning for updating data on the LITES and other
digital work. The Nodal Officer shall convene meetings from time to time
with the officers/official(s) of the Litigation Cell to monitor the cases
uploaded on the LITES Website. During the course of monitoring by the
Nodal Officer, if it is found that data of the Department is not uploaded on
the Website timely or exactly, he may fix the responsibility of the erring
Officer/official (s) and shall transmit the same to the authority competent for
disciplinary action against the erring officer/official(s).

29.5 In the present set up, appointment of Counsel, Officer-in-Charge and Nodal
Officers are being made traditionally in hard copy. To encourage digital
work, it would be necessary for every department of the State to provide
such information through Email simultaneously to the concerned for speedy
communication.

29.6 Email address of all the Stakeholders i.e. Departments and their
functionaries viz., Law Officers, Counsels and officials shall be available on
LITES website.

36
 Annexure- I

Functions and duties of the officer -in-charge of the case

Conduct of the officer-in-charge of the case should conform to the following

norms:-

(i) After receiving the letter of appointment, the officer-in-charge shall study
the case file, prepare a brief note of the facts and before contacting the
Office of Advocate General/ Counsel collect all the necessary information,
documents/ data, circulars, notification etc. pertaining to the matter
involved.
(ii) The officer-in-charge shall also make necessary communication and
coordination with the Legal cell of the Department, so as to ensure that he
is well equipped with the relevant information and documents pertaining to
the case.
(iii) The officer-in-charge shall contact the Law Officer/ Counsel to whom the
case is allotted on the same day and shall follow the instructions given by
the Law Officer/ Counsel in respect to the case in hand. In case, he cannot
get the reply/appeal/concerned proceeding prepared or filed on the same
day, he shall get an endorsement about the next date from the concerned
Law Officer/ Counsel with specific reasons.
(iv) The officer-in-charge shall be responsible to make immediate
communication to the concerned departmental authority through the Legal
Cell about any instructions given by the Office of Advocate General/
Counsel.
(v) The officer-in-charge shall be given direct access to the head of the Legal
Cell so as to ensure that no unnecessary delay is caused in transmitting the
information/documents to the Office of Advocate General/ Counsel to
facilitate speedy disposal of cases.
(vi) The officer-in-charge shall be responsible to handle each case assigned to
him till the litigation is completely set at rest. He shall constantly monitor
37
 the court proceeding in relation to the cases assigned to him and send
monthly status report in this regard to the Legal cell of concerned
department.
(vii) It shall be personal responsibility of the officer-in-charge to ensure that the
cases are properly defended in the courts of law.
(viii) The officer-in-charge of the case, after the pronouncement of the decision
of the case, will download the copy of decision from the website of the
High Court.
(ix) Officer-in-charge will be appointed by designation as far as possible and in
case of transfer or retirement of such officer, he/she shall hand over entire
record of the cases before demitting his/ her office to his/her successor in
office, who shall continue to be the officer-in-charge. The successor in
office shall immediately report to the head of Legal Cell about such change
under due intimation to the Nodal officer.
(x) In case any adverse order is passed in a particular case, it shall be personal
responsibility of the officer-in-charge to immediately contact the office of
Advocate General/ Counsel with the certified/ authentic copy of the order
so as to seek necessary opinion and to act in accordance with opinion
forthwith, keeping in mind the aspect of limitation.
(xi) Any lapse on the part of the officer-in-charge in respect of the case
assigned to him shall be treated to be misconduct/ dereliction from duties
and appropriate departmental action in terms of the provisions contained
under Rajasthan Civil Services (Conduct) Rules,1971 and Rajasthan Civil
Services (CCA)Rules, 1958 shall be attracted against him/her.
(xii) It is enjoined upon all Officer-in-charge of the cases to strictly adhere to
the guidelines enunciated in the Rajasthan State Litigation Policy-2018.

38
 Annexure- II

(See clause 10.3)

Format of factual report for the meeting of Pre Appeal Monitoring/Standing

Committee :-

1. Particulars of the case –

(i) Case Number –
(ii) Title of Case –
(iii) Name of Court –
(iv) Date of decision –
(v) Limitation of Appeal/Writ/SLP upto –
2. Chronological Details of Facts, Dates and Events of the case/ subject matter
of the case.
3. Relevant Act, Rules, Notification, Circular, Guidelines, relevant Judgement.
4. Relief Sought.
5. Judgement Details
(i) First Court Judgement Details
(ii) Appellate Court Judgement brief (if any)
(iii) Second Appellate Court Judgement brief (if any)
6. Pervious Litigation(S) & Action taken (if any)
7. Similar Judgment & Action taken (if any)
8. Opinion of Counsel (with reasoning)
9. Administrative Department view with grounds for filing/not filing appeal.
10. Delay, if any & reasons

39