PROCEDURE ON RECEIPT OF NOTICE AND OPINION OF THE DEPARTMENT MAY EFFECT A SETTLEMENT TO ENDEAVOUR THE CLAIM PUT FORWARD BY THE DEPARTMENTAL AUTHORITY.

Section 27 of the code of civil procedure provides that where a suit has been duly instituted , a summons may be issued to the defendant to appear and answer the claim and may be served in the manner prescribed . Further sub section (2) of section 80 of the code of civil procedure provides that a suit to obtain an urgent or immediate relief against Government or any public officer in respect of any act purporting to be done by such Public Officer in his official capacity,may be instituted,with the leave of the court , without serving any notice as required under sub -section (1) ;but the court shall not grant relief in the suit ,whether interim or otherwise , except after giving to the Government or Public officer ,as the case may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit provided that the court shall , if it is satisfied ,after hearing the parties, that no urgent or immediate relief need be granted in the suit , return the plaint for presentation to it after complying with the requirements of sub -section (1) .When notice of an intended suit is given ,under the provision of Section 80 of the code of civil procedure,the officer to whom it is delivered or the head of the office at which it is left,shall forthwith endorse , or cause to be endorsed on the notice :- The date of receipt, the manner of delivery, the date of endorsement ,and the signature of the officer making the endorsement.In every case in which the officer on whom a notice is served transmits the notice in original to any other officer he shall retain a certified copy of the notice and of the endorsement made there on ,and place the same on record .When the departmental authority , having power to deal with the case , is clearly of the opinion that the whole or any part of the claim put forward is justly due , he should proceed to endeavour to effect a settlement Accordingly.