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RHD Operational Procedure Ė Management Services Wing
 
Administration and Establishment - Law Division
 
OP/AE/5.1 - Legal Representation in RHD Litigation and Appeal
 
Purpose and Scope :

This Operational Procedure describes the process as to how the legal representations in RHD litigation are made, and Appeals for losing cases are submitted in the court of law by the law division under the Management Wing of RHD. This division functions directly under the control of the Chief Engineer, RHD.

The scope of this procedure covers the litigation and appeal cases of RHD particularly those cases where in the Chief Engineerís office is directly or indirectly involved. Typical cases include:

(a) Cases with outside party: typically contractorís claims, claims on land acquisition and resettlement issues, departmental claims from leases/defaulters etc for recovery of public money.

(b) Cases with employees: relating to service matters.

These procedures for RHD legal representation (AE/5.1, AE/5.2 and AE/5.3) are written, in general, describing how the RHD acts as a defendant to cases brought against it, either by an outside party or employee. However, from time to time the RHD, may itself wish to take another party or an employee to court. In this instance the RHD will be bringing the case itself, not acting as the defendant. This process is not described in detail in these procedures.
 
Definitions :

Affidavit - It is a written statement or declaration/document in the name of a person, such as the RHD law officer, by whom it is voluntarily signed, sworn to or affirmed and certified before the registrar of the high court or authorised person in the lower court. The document contains the reply(ies) from the respondent and petition from the petitioner, statement of facts and annexes (evidences) etc of the cases which is required in connection with trial to be submitted to the court of law and is always made ex-prate, without cross examination, notice to the other party.

Paper- book - This is a bounded book, which contains details of all sets of document (replies, references, evidences etc) relating to the litigation prepared by the law officer for presenting before the Judge.

Attorney General (AG) - is the chief law executive for the state, and the highest legal adviser of the government. This is a constitutional post for dealing with the affairs of law in favour of the government appointed by swearing oath before the President of the Government of Bangladesh. He is the final authority to advise in legal matters as well as pleading in the high court on behalf of the government.

Deputy Attorney General (DAG) - is a government appointed law officer for the state. He acts as a pleader for cases in the honourable High Court Division in selected courts on behalf of (different department) of the government.

Assistant Attorney General (AAG) - is a government appointed law officer for the state. He acts as a pleader for cases in the honourable High Court Division, in selected courts on behalf of (different departments) of the government.

Panel Advocate - is a government lawyer for the state dealing with the affairs of the service cases in the Administrative Tribunal and the Administrative Appellate Tribunal.

Cause-list - It is a list which contains the list of cases for each working day which includes, Title of the case, court location/no, judges name, petitioners and respondents name, etc.

AOR - it is an acronym of Advocate on Record. AOR is a government appointed post in the judiciary division of Law Ministry located in the Supreme Court for pleading appeal cases in the Supreme Court.

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

Solicitor - a legal adviser of the government who deals with the legal affairs of all government departments. He is appointed by the government in the Judiciary Division of the MOL & PA.

Deputy Solicitor - he is appointed by the government in the Judiciary division of MOL& PA who deals with the cases of all the government departments. As per rules of business the cases can not move to the High Court or Supreme Court Appellate division without scrutiny of the Deputy Solicitor.

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

Registrar - It is a post of judiciary Division of the MOL & PA. He is the spokesman of the High/ Supreme Court who deals with the administrative matters of the cases.

Swear - means 'solemnly pledge', taken before the Registrar of the High Court and authorised person in case of lower court.

Copy of judgement - means verdict of the court of law.
 
Responsibility :

Chief Engineer - is responsible for the following: -

i) authorises officers in the law division for legal representation and appeal in the high court/supreme court.

ii) to take disciplinary actions and proceedings against the defaulters as per judgement.

iii) submission of copy of verdict to MoC

iv) iv)prayer for permission from MoC/MOL& PA for appeal.

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

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

Executive Law Officer - Law Division - Advises law officer and performs the same functions as the law officer, particularly for major cases.

Law Officer - Responsible for: -

i) representation in RHD litigation and appeal in the court of law.

ii) preparation of petition, parawise reply of petition and final paper-book.

iii) collection of legal documents/ references, cause-list, Dhaka Law Reports, copy of Judgement.

iv) submission of documentary materials to Deputy Solicitor/MOL&PA/AOR/DAG/AAG/Panel Advocate/GP/PP/ Pleader.

v) conducting the case and assisting the GP/ Plead.

vi) appealing in the higher courts.

vii) swear in before the registrar of high court/authorised person in the lower court.
 
Method :

4.1 AUTHORISATION FOR REPRESENTATION

The Chief Engineer receives notice and petitions of the plaintiff from the court and sends these to the law division with a letter authorising a law officer to represent the case on RHD's behalf. This allows all necessary legal steps/ actions to be taken, including assisting deputy solicitor DAG/AAG/GP/PP and conducting the case.

4.2 CONDUCTING CASES

The law officer examines the petition received from the Chief Engineer. He will prepare para-wise reply of the petition in consultation with the legal papers/ references, rules & regulations applicable to RHD. The paper book (parawise reply) is sent to the deputy solicitorís office through the solicitor. The law officer also takes oath on the correctness of the contents in the affidavit by swearing in before the court. He collects cause-list to identify the relevant court no/location, date of hearing, petitionerís name etc

4.3 HEARING IN THE COURT

For representing and pleading the case before the judge in the court, the law officer submits all relevant documents to GP/PP for the cases in the lower court and for cases in higher court to the Deputy solicitor/DAG/AAG. The law officer communicates with the Deputy Solicitor, AOR, DAG, AAG, Panel of Advocate, GP, PP and submits all necessary papers/documents to them. He also appraises the details of the case, discusses relevant legal matters & references, rules and regulations applicable in RHD etc. The law officer attends the court on the dates of hearing (if he deems necessary) and assist as required in pleading the case. The law officer or his nominated person must attend court on the date of final hearing. On the date of verdict the law officer must attend court and collect a certified copy of the judgement.

4.4 ACTIONS AFTER JUDGEMENT

When the decision of the court is accepted by the RHD following actions are taken:

a) Action to be taken based on the judgement e.g disciplinary matters, claims of contractor or claims of dept, as instructed by the CE

b) A copy of the judgement are recorded /updated in the register or maintained in the legal database by the RHD law officer.

If the department is not satisfied with the decision of the court, an appeal in the higher court is solicited.

4.5 METHODS OF APPEAL

The following steps are involved for appeal in the higher court: -

i) The Chief Engineer immediately informs MoC along with the certified copy of judgement.

ii) The Chief Engineer immediately submits a prayer for appeal to the MOL& PA through the MoC and the law officer prepares the prayer for him.

iii) When the appeal is accented, obtain permission for appeal from MoC.

iv) Another prayer for processing appeal in the high court submitted to AOR by the law officer.

v) The law officer on behalf of CE seeks advice from the solicitor or from the Attorney Generalís office to set a side the litigation and for appeal in the honourable high court and take up with the AOR, DAG, AAG for trial of the cases. This will help the CE decide whether or not the RHD should go for appeal.
 
References :

Dhaka Law Reports, Civil Procedure Code, Criminal Procedure Code, The Highway Act, Motor Vehicle Ordinance, Penal Code.
 
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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