IMPORTANT GOVT ORDERS WITH GOST OF CONTENTS -5
Procedure for handling court/consumer forum cases relating to Savings bank/certificates
Key Steps:
Key Steps:
• Initial Reporting:
o Postmasters:
Within 7 days of receiving a Section 80 CPC notice, send a report to the Divisional Head.
Within 3 days of receiving summons/notices/suit notices, inform the Divisional Head.
Immediately report any court/consumer forum orders to the Divisional Head.
o Postmasters:
Within 7 days of receiving a Section 80 CPC notice, send a report to the Divisional Head.
Within 3 days of receiving summons/notices/suit notices, inform the Divisional Head.
Immediately report any court/consumer forum orders to the Divisional Head.
o Divisional Head:
Examine the case thoroughly, prepare a counter reply, and get it vetted by the Government Counsel.
Explain the rule position to the Government Counsel.
Refer cases to the Regional/Circle Office for further processing.
o Regional/Circle Office:
Forward notices to concerned divisions.
Prepare counter replies and get them vetted by the Government Counsel.
Explain the rule position to the Government Counsel.
Process cases for appeals or implementation, seeking necessary approvals from the Directorate.
• Directorate Level:
o Forward notices to concerned RO/COs.
o Process cases for filing Revision Petitions/SLPs in higher courts, including appointing Government Counsel.
o Seek approval from the Ministry of Finance for implementing court judgments.
o Monitor court proceedings and ensure compliance with court orders.
Important Considerations:
• Timeliness: Strict adherence to timelines is crucial at each stage.
• Legal Counsel: Government Counsel plays a crucial role in defending cases and providing legal advice.
• Responsibility: Divisional Heads are responsible for fixing responsibility and taking disciplinary action against erring officials.
• Agent Commission Recovery: Efforts should be made to recover agent commission in cases of fraud or irregularity.
Overall, the procedure aims to ensure that court/consumer forum cases are handled efficiently and effectively, minimizing losses and protecting the interests of the Department.
In post offices
1. On receipt of notice under Section 80 CPC in the post office, the Postmaster will send the report to Divisional Head within 7 days.
2. On receipt of summons or notice or suit notice from any court or consumer forum, the Postmaster will inform the Divisional Head along with facts of the case within 3 days.
3. On receipt of any court order or consumer forum order, the Postmaster will immediately report to the Divisional Head seeking orders for either its implementation or filing further appeal.
4. On receipt of orders from Divisional Head for implementation of a court judgment, the Postmaster will immediately implement the court orders.
1. On receipt of notice under Section 80 CPC in the post office, the Postmaster will send the report to Divisional Head within 7 days.
2. On receipt of summons or notice or suit notice from any court or consumer forum, the Postmaster will inform the Divisional Head along with facts of the case within 3 days.
3. On receipt of any court order or consumer forum order, the Postmaster will immediately report to the Divisional Head seeking orders for either its implementation or filing further appeal.
4. On receipt of orders from Divisional Head for implementation of a court judgment, the Postmaster will immediately implement the court orders.
In Divisional Offices
1. On receipt of notice under section 80 CPC either from Postmaster or directly, a reply will be sent to the notice within 7 days.
2. On receipt of summons or notice or suit notice either from Postmaster or directly, the Divisional Head will personally examine the matter in the light of POSB/SC/PPF Acts and statutory rules of the Savings Schemes. He will get brief history and counter reply prepared and gets it vetted from the Govt. Counsel.
3. It is the duty of the Divisional Head to explain the rule position to the Govt. Counsel on the basis of which he may plead the case.
4. After decision of the court case or Dist. Consumer Forum Case, copy of the decision and legal opinion of the Govt. Standing Counsel is to be obtained and case may be referred to Regional/Circle office for further processing of the case either for filing further appeal or implementation of the decision of the court/DCF.
5. On receipt of instruction from RO/CO, immediate action is to be taken for compliance.
In Regional/Circle Office
1. On receipt of notice under Section 80 CPC either directly or from Directorate, the same is to be forwarded to the concerned Division for giving suitable reply within 7 days. Monitoring is to be done regarding reply of the notice sent.
2. On receipt of suit notice/Summons/Notice either directly or from Directorate, concerned Division is to be directed to defend the case on behalf of all the respondents (if the case is filed in the lower court). If the case is filed in the High Court, the RO/CO is to prepare brief history and counter reply on the basis of POSB/SC/PPF Acts and statutory rules of the Savings Schemes on behalf of all respondents. Counter reply is to be vetted from the Standing Govt. Counsel.
3. It is the duty of the officer concerned to explain the rule position to the Govt. Standing Counsel on the basis of which he may plead the case.
4. On receipt of lower court judgment from Division, the RO/CO will process the case for filing appeal in the higher Court/State Commission on the basis of legal opinion.
5. If the legal opinion is for not filing further appeal, the case is to be referred to Branch Law Secretariat for further legal opinion. If BLS also gives opinion for not going for further appeal, case along with all relevant documents from the level of filing the case, counter reply, judgment and legal opinion is to be sent to Directorate in duplicate seeking approval for implementation of the decision. While referring case for implementation, nature of action taken against the erring officials if any, recovery particulars of agent commission if the investment was through agent and financial implication must be mentioned.
6. In case of filing appeal or counter reply in the High Court or State Commission, on receipt of decision of the case, copy of the decision and legal opinion of the Govt. Standing Counsel is to be obtained and case may be referred to Directorate after taking legal opinion from Branch Law Secretariat.
7. If the legal opinion of BLS is for not filing further appeal, the case along with all relevant documents from the level of filing the case, counter reply, judgment (lower and high court) and legal opinion is to be sent to Directorate in duplicate seeking approval for implementation of the decision. While referring case for implementation, nature of action taken against the erring officials if any, recovery particulars of agent commission if the investment was through agent and financial implication must be mentioned.
8. If the legal opinion of BLS is for filing further appeal, a case along with all relevant documents from the level to filing the case, counter reply, judgment (lower and High courts) and legal opinion is to be sent to Directorate in triplicate for appointment of Govt. Counsel for filing Revision Petition in National Commission or SLP in Supreme Court.
9. If a decision of the Court is in favour of Department and in case appeal is filed in High Court or State Commission by the aggrieved party, the case is to be defended on behalf of all respondents by RO/CO through Govt. Standing Counsel.
10. If the appeal is to be defended in National Commission or Supreme Court, RO/CO will send case along with all relevant documents from the level of filing the case, counter reply, judgment (lower and High courts) to Directorate in triplicate for appointment of Govt. Counsel for defending Revision Petition in National Commission or SLP in Supreme Court.
11. Once the case with regard to frauds or any irregularity is filed in any court, it is the duty of Divisional Head to fix responsibility and take disciplinary action against the erring officials if any without awaiting outcome of court case.
12. If the fraud or irregularity is found committed by agent, agent commission should be recovered immediately and appointing authority of the agent should be addressed for taking action against the agent. If the amount is misappropriated by agent, it is the duty of appointing authority of the agent to recover the loss from agent and settle the claim.
13. Bills of the Govt. Standing Counsels are to be sanctioned, as early as possible by the RO/CO as per fee schedule attached and in case of any dispute, matter is to be referred to Legal Cell of the Directorate.
In Directorate
1. On receipt of notice under Section 80 CPC/Notice/Suit notice from any court of law, the same is to be forwarded to the concerned RO/CO if respondents in the case are CPMG/PMG/DPS/SSPOs/SPO's/PM or SPM for defending case on behalf of DG Posts or any other authority working in Directorate.
2. If the notice/summon/suit notice is only in the name of DG Posts/Member Postal Services Board or any other authority working in Directorate, the same will be processed in the Directorate.
3. If a case is received from any RO/CO for filing Revision Petition in the National Consumer Commission against the judgment of State Commission, it is to be examined as to whether all documents from the level of filing the case, counter reply, judgment (lower and high courts) are received in triplicate along with legal opinion of BLS.
4. Two copies of all documents along with legal opinion of BLS are to be sent to Litigation Branch of Min. of Law situated in High Court premises for appointment of Govt. Counsel for filing RP.
5. In case of those circles where BLS is itself MOL Delhi, case is to be sent to advice 'A' branch of Min. of Law for legal advice and after receipt of legal advice for filing RP, same procedure is to followed as mentioned above.
6. On receipt of name of Govt. Counsel from Litigation Branch, the same is to be conveyed to the concerned RO/CO with the direction to handle the case at RO/CO level directly.
7. On receipt of judgment from National Commission along with legal option of BLS and other documents from RO/CO, if legal opinion is for filing SLP in Supreme Court, case is to be sent to Advice 'A' section of MOL Delhi with grounds of filing SLP.
8. On receipt of draft SLP from Central Agency Section of Supreme Court, the same is to be sent to concerned RO/CO for vetting and RO/CO may be asked to have direct liaison with Govt. Counsel in Central Agency Section of Supreme Court and depute one Class-1 Officer for signing vakalat nama and affidavit on mutually agreed date.
9. RO/CO may be asked to watch the proceedings of the case on the Web Site of the Supreme Court.
10. If the legal opinion is against filing appeal, RO/CO may be asked to intimate nature of action taken against the erring officials, particulars of recovery of agent commission and financial implications. On receipt of reply from RO/CO, case is to be sent to Min. of Finance seeking approval for implementation of the judgment.
11. If a case is received from RO/CO where appeal is filed by opposite party in National Commission or SLP in Supreme Court against the Department, Litigation Section of MOL in High Court or Central Agency Section of Supreme Court as the case may be, will be asked to appoint counsel for defending the case.
12. On receipt of name of Govt. Counsel, the same is to be intimated to RO/CO concerned for having direct liaison with the concerned counsel.
(DG (P) No. 109-Misc/09-SB PG dated 02.03.2009)
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