Amendment status not verified — confirm the current text below against the official source.
Procedure for institution.- (1) Where it appears to an officer of the Government that it is reasonably necessary to institute a case for protecting any right or interest or any property of the Government or to prevent injury or damage to such right, interest or property, he shall forthwith submit to the Government, through proper channel, a detailed report of the facts and circumstances of the case. (2) The report under sub-section (1), shall contain the following particulars, namely.- (a) a brief history of the case; (b) the facts and circumstances calling for institution of the case; (c) the date and place of occurrence of the cause of action; (d) nature of violation, default or injury; (e) form and probable extent of damage or claim; (f) copies of the evidence upon which the claim is based and of the provisions of the law, rules, notifications, orders, circulars or records, inspection of which is considered necessary for a proper elucidation of the case; (g) points of objection that are likely or open to be urged by the opponents in the case; (h) evidence, both oral and documentary, which may or is likely to be pressed into service against the claim; (i) where the proposed case is for recovery of money, (i) a report of whether the institution of the case is necessary notwithstanding the fact that the possibility 9 of recovery is doubtful, with reasons for the conclusion; (ii) the financial status and position of assets of the persons against whom the case is proposed to be filed in order to know whether it is possible to obtain satisfaction of the decree that may be passed against him. (j) particulars of all earlier litigation, if any, between the parties and the result thereof; (k) particulars of earlier litigation, if any, involving similar questions and the result thereof; (l) special grounds which render the filing of the case necessary and the consequences of not filing the case; and (m) other particulars as may be prescribed. (3) If the Officer making the report is an Officer subordinate to the Secretary, Head of the Department, shall on receipt of such a report examine the matter and forward the matter and the report along with his remarks to the Departmental Secretary. (4) If after considering the report the Departmental Secretary is satisfied that it is necessary to file a case, he shall refer the case to the Head of the Legal Cell of the Department along with particulars of.- (i) the Officer who is conversant with the facts of the case; (ii) the Officer who shall be the Litigation Conducting Officer for the case; and (iii) the officer who is to sign and verify the pleadings and affidavits in the case and shall also indicate the date within which the case should be filed in the Court.