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Last Updated On : 22-11-2018

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JKJ 2007 (2) J-1

Section 80 C.P.U & Govt. Apath

By:- Sh. M.K. Sharma (K.C.S (Judicial) (Sub Jugde))


Section
80 C.P.U & Govt. Apath


JKJ 2007 (2) J-1



The duty of
State does not end with enactment of laws. The statutory provisions designed to
bring about justice have to be supported by a system that enforces the rights
and obligations thereby created.



Section 80
C.P.C. provides the service of notice to the Govt. prior to the filing of the
suit. However, in an urgent situation this notice can be dispensed with in terms
of Sub-Section (3) of Section 80 C.P.C with leave of court. However, no relief
whether interim or otherwise can be granted except after giving the Govt. a
reasonable opportunity of showing cause in respect of the relief prayed for in
the suit. For the sake of convenience relevant portion of the Section 80-C.P.C
is reproduced as under:-



“80 Notice
(1): save as otherwise provided in sub-section (3), no suit shall be instituted
against the Government or against a public officer in respect of any act
purporting to be done by such officer in his official capacity, until the
expiration two months next after notice in writing has been in the case of the
Government, delivered to, or left at the office of the Chief Secretary to
Government and, in the case of a public officer delivered to him or left at his
office, stating the cause of action, the name, description and place of
residence of the plaintiff and the relief which he claims; and plaint shall
contain a statement that such notice has been so delivered or left.



(2) No suit
shall be instituted against the Government of India, the Government of any other
state in India, or the Government of any Union Territory, until the expiration
of two months next after notice in writing has been delivered to, or left at the
office of:-



(a)     in
the case of a suit against the Govt. of India, a Secretary to the Govt.; and



(b)     in
the case of a suit against the Govt. of any other State, or the Govt. of any
Union Territory, in India, a Secretary to the Government or the Collector of the
district in the Government.



Stating the
cause of action, the name, description and place of residence of the plaintiff
and the relief, which he claims, and the plaint shall contain statement that the
notice has been so delivered or left.



(3) A suit
to obtain an urgent or immediate relief against the Government (including the
Government of India or the Government of any Union Territory),or any public
officer in respect of any act purporting to be done by such public officer in
his official capacity, may be instituted, with the leave of the court, without
serving any notice as required by sub-section (1); but the court shall not grant
relief in the suit, whether interim or otherwise except after giving to the
Government or public officer, as the case may be, reasonable opportunity of
showing cause in respect to the relief prayed for in the suit;



Provided
that the court shall, if it is satisfied, after hearing the parties that no
urgent or immediate relief need be granted in the suit return the plaint for
presentation to it after complying with the requirements of sub-section (1)."



The
intention of legislature behind this section was that public money and time
should not be wasted on unnecessary litigation and the Govt. and the Public
Officer should be given a reasonable opportunity to examine the claim made
against them lest they shall be drawn to avoidable litigation. The purpose of
the notice contemplated by Section 80 C.P.C. is to give the concerned Govt. and
public officer opportunity to reconsider the legal position and to settle the
claim without litigation. The object of law is advancement of justice.



Today the
State has become biggest litigant in as much as the 20% litigation in the courts
at different levels is against the State. If the provisions of Section 80 C.P.C.
are strictly complied, it will not only deliver speedy and inexpensive justice
but will also bring down the pendency in the courts to a considerable level. The
Govt. must take effective steps to grant redress or send a suitable reply to the
notice in case of non-compliance stating the reasons therefor and not simply
throw it in the trashbin. If this is done maximum number of cases, which are
instituted in the courts for non-challant attitude of the Govt. will be avoided.
Failure on the part of concerned public officer to grant redress or make reply
to the notice should be viewed seriously by the Govt. If the Govt. ensures
strict compliance of the abovesaid provisions, it will go a long way in giving
speedy and inexpensive justice to the citizens besides bringing down the
litigation, I hope the Govt. will take necessary steps.

With the blessings of “Hazur Maharaj Divine Sadguru Sant Rasila Ram Ji in the presence of Sadguru Sant Subhash Chander Singh Ji Maharaj of Dera Baba Teja Singh Ji of Saidpur (Pb.)”         ||