Legal assistance to Government employees for proceedings instituted in respect of his official duty or position by another Government employee

(8) Legal assistance to Government employees for proceedings instituted in respect of his official duty or position by another Government employee.

Attention is invited to the Ministry of Home Affairs Office Memorandum No. 45/5/53-Ests.(A) dated the 8th January, 1959, on the above mentioned subject and to say that Government have had occasion to consider whether Government should undertake the defence of a Government employee against whom a case is filed by another Government employee or reimburse the reasonable costs incurred by the former for his defence if such cases are in respect of the matters connected with the former’s official position or duties. It has been decided that, whether on a consideration of the facts and circumstances of the case, it is considered that it would be in public interest to defend a Government employee in a case filed against him by another Government employee in respect of matters connected with the former’s official duties or position, the latter may be treated as a ‘private party’ and assistance given to the former in terms of para 2 (c) of the Office Memorandum referred to above. But this will not apply to cases in which the Government employee(s) has/have been impleaded as co-respondent(s) by other Government employee (s) in suite against the Government in regard to conditions of service such as seniority etc.

[DOPT O.M. No. 28020/1/78-Ests.(A) dated 6th October, 1978]