ADVISE BY THE LAW DEPARTMENT AND CONSULTATION WITH THE ADVOCATE GENERAL

In accordance with the provision of Rule 39 of the Rules and business of the government of Himachal Pradesh all Administrative Department shall consult the Law Department on the defence or institution of any suit or proceedings, filed against or by the Government. Further the advocate general has to conduct all cases on behalf of the government in High court/ Administrative Tribunal either himself or by entrusting specific cases to the Additional / Deputy / Assistant Advocate general, unless the government engages private counsel in a specific case . Thus in all Court / Administrative Tribunal cases the departments are required to follow the procedure prescribed for the consultation with the Advocate general. Entire connected record should be taken to the Advocate general for vetting of the draft reply The observation of the Advocate general, if any , requiring consideration by the government/ HOD should be immediately brought to the notice of the authorities for appropriate action . In all cases where the Advocate general desires consultation/ discussion , a senior officer not below the rank of Deputy Secretary should discuss the matter with Advocate general and where in the department there do not have a Deputy Secretary or joint Secretary, the under Secretary may discuss the matter with the Advocate general The questions relating to claiming privilege of certain documents/ records should also be discussed with the Advocate general.