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RHD Operational Procedure – Management Services Wing
 
Administration and Establishment - Law Division
 
OP/AE/5.3 - Preparation of Legal Correspondences and Opinion
 
Purpose and Scope :

This Operational Procedure describes the process of preparing of replies to letters relating to legal matters by the Law officer of RHD, on behalf of Chief Engineer or any other respondent in RHD when requested, and legal opinion for the CE-RHD.

The scope of this procedure covers the legal cases of RHD particularly those cases where the Chief Engineer’s office is directly or indirectly involved. The scope of work also extends to the cases dealt by the EEs of the field/wings.
 
Definitions :

Government. Order (G.O) - contains instructions or directives issued by the Ministry of Communications or any Ministry in the public interest.

Notification - contains certain information related to particular issues/matters of the RHD, which are required for general purposes to be followed in the RHD and often for the public, in general.

Advocate’s Demand Justice Notice) - This is a legal letter/notice to the defendant issued by a registered lawyer or an advocate on behalf of his client demanding immediate justice before a suit is filed in the court of law. For example, this may be to pay compensation (generally money) for any damage occurred to his client by any act on the part of the defendant. For filing a case in the court of Law Advocate’s demand justice notice is a must in case the remedy is not done.

Files - is a paper-book where preserved the comments of officer's RHD and Annexure.

Legal Opinion - Comments about litigation with the support of law books and reference as well as government rules and regulations etc.

Litigation - is allegation against RHD staff, RHD lands, and RHD contractual works.
 
Responsibility :

CE – has the final responsibilities for replies prepared by the Law Officer, approves and signs it. He also finalize litigation based on legal opinion given by the Law Office.

ACE - MSW – supervises the assigned activities of the officers of Law Division.

SE - Administration & Establishment Circle - supervises the assigned activities of the officers of law Division.

Law Officer- preparation of draft replies to letters relating to legal matters, it’s finalisation after approval and arrangement for disposal of the legal correspondences. Also, gives legal opinion to litigation matters in the files for the CE.
 
Method :

4.1 LEGAL CORRESPONDENCE

The CE-RHD receives various types of letters, which involve or are likely to lead to litigation. He sends these "legal letters" to the Law officer with the instruction to prepare replies. These legal letters received by the CE include those, which are transferred by the EEs zones/wings as one of the respondents in the case.

The areas where the legal correspondences are generally made as summarised below: -

1) Zones/Wings

2) Court of Law

3) MOC/MOL & P A

4) Advocate’s Demand Justice Notice etc

The Law officer prepares draft replies to the letters received from the CE after examination/ consultation of the office files on the relevant subject and legal books/law references, government orders/ notifications etc. If further information such as data or records are required then the law officer requests the relevant RHD office should provide these. The draft reply is then submitted to the Chief Engineer. The Chief Engineer reviews this and if approved returns to the Law Officer to finalise. The law officer completes the letter (legal correspondences) in a legal format (with revenue stamp affixed) and signature of the CE is taken in the space and manner marked for it. Finally the Law Officer arranges disposal of the correspondences to different offices, courts or person concerned etc.

4.2 LEGAL OPINIONS

The CE-RHD receives various types of letters, which involve or likely to lead to litigation. On the basis of the litigation, files are made. He sends these litigation files to the Law Officer, who provides legal opinion.
 
References :

None.
 
Procedure Flowchart :

 


 


 

 

For duties associated with each grade of personnel see

 

Updated on : 1/1/2004

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