PROCEDURE TO FOLLOW INSTITUTION OF SUITS ON BEHALF OF THE GOVERNMENT

Over the years Government activities has become so vast and so diverse that there is hardly any area where the common man don't come into contact with Government. The contact may be direct, in the form of Government services, Government tax and revenue collection or Government's land administration system or it may be indirect, in the form of rules and Acts which regulates transactions, even between private citizens or organisations. It is natural therefore that resolution of disputes arising from various transactions tend to involve the Government either central State or local Government and in fact, the Government is the biggest litigant. As such the institution of a suit on behalf of the Government is not to be recommended or authorised until the proposed defendant has had ample opportunity of stating his view of the case and all efforts of coming to some agreement for the settlement of the Government claim out of court have failed. While it is the duty of officers of the Government to enforce the just rights of the Government and to protect its interests, the legal course should not be resorted to until all reasonable efforts have been made to effect an amicable adjustment, and the case for the Government has been enquired into departmentally and evidence secured on all points which are likely to be contested. No suit on behalf of the Government or a public officer shall be instituted without the previous sanction of the proper controlling authority any officer who considers that a suit should be instituted on behalf of the Government shall submit a clear and detailed report, where copies of all documents, all correspondence and the written proceedings, connected with the proposed suit, should accompany the report, with list of such documents