THE ALL INDIA SERVICES (CONDUCT) RULES, 1968
ANNEXURE XIII
To
The Chief Secretaries, of all the State Governments.
Subject: Legal Assistance to All India Service Officers in connection with litigation action taken by them in the case of their official duties -
Sir, I am directed to refer this Department's letter No. 45/5/53-Estt (A) dated 8.1.59 on the above subject and to say that an increasing tendency has been observed among certain sections to lodge legal complaints against members of the All India Services in their personal name for official acts done by these officials in the case of their official duties.
While State Governments and the Central Government vide (DP&AR) letter No. 45/5/53-Estt (A) dated 8.1.59) do have provisions to undertake the defence of such government servants in case it is in the public interest, whereupon all arrangements are made by the Government, there is often a tendency for the State Governments to ask the officer to undertake the defence officer is successful in the legal proceedings. In other cases, the State Governments may agree to provide legal expenses but subject to the condition that in case the case is lost, the officer has to bear the entire cost of litigation. The practice of asking officers to defend themselves in such legal proceedings is bound to cause harassment for such officers in addition to expenses, the reimbursement of which by the State Government and the extent thereof being uncertain.
In the performance of the official acts, the officer usually is only implementing the decision of the Government and it is not unjust to expect that the Government would undertake the defence of all government servants who have been impleaded in such legal action. For this purpose, there appears no need to make a distinction as to whether the complaint has been filed against the officers in their official designation or in their individual name.
While the State Governments are themselves the best judge of the public interest in respect of acts done by officers working for them the above may please be kept in mind while examining the cases in which officers are subjected to harassment through such legal action.
It has been decided that a member of service is required to take permission whenever he leaves his station or headquarters and especially when he proposes to go abroad during leave or otherwise. However separate permission may not be necessary where a member of service has indicated his intention of leaving headquarters/station along with leave address while applying for leave. In case the leave applied for the purpose of visiting a foreign country is granted it would imply that permission for going abroad is also granted and therefore leave sanctioning should keep this aspect in mind while granting the leave applied for.
[Letter No. 11017/40/94-AIS (III) dated 8.11.1994]