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RHD Operational Procedure – Management Services Wing
 
Administration and Establishment - Law Division
 
OP/AE/5.2 - Preparation of Paper-book on Legal Cases of RHD
 
Purpose and Scope :

This Operational Procedure describes the process of preparing paper-book. One of the main purposes of this is to present replies to the petitions received from the court by the law officer of the Law Division of RHD.

The scope of this procedure will cover 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 when requested.
 
Definitions :

Paper-book - This is a bounded book, which contains details of all sorts of documents (replies, references, evidences etc) relating to the litigation prepared by the law officer for presenting before the judge and required while pleading in the court. Para-wise replies means a reply responding to the issues raised, on a paragraph by paragraph basis.

Petition - This is a written complaint lodged in the court of law by the petitioner in a stamped (revenue) paper, i.e. by paying certain fee to the government.

Court ruling - This is an order upon the incumbents issued by the judge from court of law.

Vokalatnama - This is a legal document entitling a lawyer (here Law Officer of RHD) by the petitioner or the respondent for pleading in the court of law.

GP - Government Pleader - A GP is appointed by the government in each district on a term basis. He pleads generally in the civil cases in the district on behalf of (different departments) the government.

PP - means Public Prosecutor. This is a lawyer who is appointed by the government on a term basis. He acts as a pleader for criminal cases on behalf of the government.
 
Responsibility :

Chief Engineer – receives petitions and sends to the Law Officer of RHD with the instruction to prepare the replies (paper-book). He also gives approval to the vokalatnama and signs it.

Additional Chief Engineer - Management Services Wing (ACE-MSW) - overviews the assigned activities of the officers of the Law Division.

Superintending Engineer - Administration & Establishment Circle - overviews the assigned activities of the officers of the Law Division.

Executive Law officer - Law Division - Supervises and also has similar responsibilities to the Law Officer, but will lead on larger cases.

Law Officer - Responsible for: -

i) Preparation of para-wise draft replies to petitions, vokalatnama and collate papers/document for incorporating in the paper-book.

ii) Distribution of paper-book to the court, concerned offices and persons.

iii) Collection of legal references, clauses and law books/precedence.
 
Method :

The Chief Engineer (also EEs of field zone/wings/PDs) receives the claim (case) being brought against the RHD together with the court's ruling as to the legal validity of this case. The Law Officer receives these from the CE to prepare para-wise replies and supporting documents.

The Law Officer examines the petition. He then reviews relevant RHD files from the zones/ projects for consultation and related legal references/law books to prepare a draft reply for each paragraph of the petition. When this draft reply is completed it is consulted between the CE and the Law Officer and then a final reply is prepared.

The Law Officer also prepares a vokalatnama, which the CE approves and signs. This entitles the Law Officer is entitled to act on behalf of the RHD.

The Law Officer collates the following documents in the form of a bounded book: -

(a) Photocopy of relevant references clauses and reference of law

(b) Vokalatnama

(c) Final para-wise reply

(d) Evidences of the cases

(e) Copy of rule of Court

This bounded book containing the above is called the paper-book. This is the basis on which the case is pleaded in the court. The Law Officer is responsible for distributing the paper-books to the relevant courts, offices and concerned persons.
 
References :

None.
 
Procedure Flowchart :

The procedure flowchart for this procedure is detailed below.
 


 


 

 

For duties associated with each grade of personnel see

 

Updated on : 1/1/2004

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