Procedural clarifications in respect of the issues relating to the “authorization” of the Commissioners to represent the Union of India and Others in matters before the High Court
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Authorization of Commissioners requires personal signing of counter affidavits and prohibits delegation of representation in High Court matters. The Board directs that an authorised Commissioner must personally sign the vakalatnama and file the counter affidavit for the Union or Ministry/Board officers in High Court matters; delegation to subordinates is not permitted. For petitions naming multiple Ministries/Departments, the petition must be forwarded to the concerned Ministry/Department to file its counter. If no jurisdictional officer is joined, the nodal Commissioner for the bench must be authorised and must obtain and incorporate comments from concerned officers. Where policy input is needed, the authorised Commissioner will obtain comments from the policy wing, inform the legal section, and then vet and file the counter affidavit.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Authorization of Commissioners requires personal signing of counter affidavits and prohibits delegation of representation in High Court matters.
The Board directs that an authorised Commissioner must personally sign the vakalatnama and file the counter affidavit for the Union or Ministry/Board officers in High Court matters; delegation to subordinates is not permitted. For petitions naming multiple Ministries/Departments, the petition must be forwarded to the concerned Ministry/Department to file its counter. If no jurisdictional officer is joined, the nodal Commissioner for the bench must be authorised and must obtain and incorporate comments from concerned officers. Where policy input is needed, the authorised Commissioner will obtain comments from the policy wing, inform the legal section, and then vet and file the counter affidavit.
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