Engagement of counsel for conducting litigation of Railways before various courts and other judicial fora: Department of Legal Affairs O.M. dated 26.11.2024
F. No. J-11017/12/2021 -Judicial
Government of India
Ministry of Law & Justice
Department of Legal Affairs
(Judicial Section)
*****
Shastri Bhawan, New Delhi
Dated the 26th November, 2024
OFFICE MEMORANDUM
Subject: Engagement of counsel for conducting litigation of Railways before various courts and other judicial fora – regarding.
The present arrangement for conduct of litigation of Railways before various courts / tribunals by the panel counsel engaged by this Department, vide two OMs of this Department dated 01.02.2022 and 18.04.2022 with same F. No. J-11017/12/2021-Judicial (copies of both enclosed), has been revisited in consultation with Ministry of Railways.
2. After a detailed examination of the issues involved, following decisions have been taken:
(i) in partial modification of earlier OM dated 01.02.2022, the conduct of litigation of Railways before Supreme Court and all High Courts be carried out by the Advocates / Counsels on panel of Department of Legal Affairs only;
(ii) for conducting litigation of Railways before Tribunals (CAT, RCT, etc.), Advocates may be recommended by Ministry of Railways (with approval of Hon’ble Railway Minister) to Department of Legal Affairs for final concurrence of Hon’ble Minister for Law & Justice;
(iii) for conducting litigation of Railways before the District & Subordinate Courts, Advocates may be empaneled by the Railways on their own terms & conditions and a country-wide database of such empaneled Advocates may be shared with DoLA for availing their services for other Ministries / Departments as well;
(iv) the aforesaid other OM dated 18.04.2022 is withdrawn.
3. The above decisions shall come into force with immediate effect.
4. This has the approval of Hon’ble Minister of State (I/C) for Law & Justice.
Encls: As above.
(M. C. Prusty)
Senior Government Advocate
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