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GOVERNMENT OF MADHYA PRADESH ... - Mptreasury.org

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(E) Reports:-<br />

1) Status report for regular monitoring<br />

2) Regular reports to be sent to Government.<br />

10) COURT CASES:-<br />

(A) General Process :-<br />

• After examining the case, the case is admitted by the court and the<br />

notice to the respondents is issued.<br />

• Court Cases can be broadly categorized in 2 type:-<br />

1) Which the State Government is the petitioner.<br />

2) Where the State Government is the Respondents (primary or<br />

secondary)<br />

• In both cases the Government has to appoint an officer-in-charge to<br />

represent the Government.<br />

• The OIC is appointed by the State Government.<br />

• Proposal for appointment of OIC is sent to the Government after<br />

receipt of notices of admission of petition from the court. In some<br />

case, due to delay in receipt of official notices, OIC appointment<br />

proposals are sent on the basis of information available.<br />

• The OIC is responsible for filing a reply for the petition.<br />

• After filing of the reply, the OIC has to keep in regular touch with the<br />

Courts so that he keeps himself updated n the status of the case.<br />

• It is the OIC's duty to present any rejoinders or additional reply<br />

necessary. As the case is finalized a judgement is passed.<br />

• In cases where the judgement is not in favour of the Government then<br />

the view of the advocate/ Government counsel or Advocate General or<br />

the Law department is taken.<br />

• If the view is that the Government should appeal against the<br />

judgement in a higher court it is done so accordingly. For this also, the<br />

procedure of appointing an OIC is undertaken as explained earlier.<br />

• In cases where the Government abides by the decisions of the court,<br />

then compliance of the order has to the ensured, so as to avoid any<br />

contempt of court.<br />

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