Service matter

SK Sharma (Querist) 24 January 2012 This query is : Resolved
A difference of opinion has arisen between the Legal Adviser and the Additional Solicitor General concerning challenging of an order of High Court regarding promotion of an officer. The Legal Adviser has opined that the Department should file SLP in the Supreme Court whereas the Additional Solicitor General has opined that the Department should implement the order of the High Court.

MY QUESTION IS --> Whether the Department should go by the advice of Legal Adviser of Ministry of Law & Justice

OR

The Department should go by the advice tendered by the ASG.

OR

Should tbe matter be referred to Department of Personnel & Training being service matter?

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venkatesh Rao (Expert) 24 January 2012
Both the legal adviser and the solicitor general base their opinion on their own reasonings. Unless we know the facts and the judgment, we can not say who is to be banked on.

The advise of both are not binding on the department, but the department has to take the decision on a careful scrutiny of the entire prospective in the backdrop of the verdict. No harm in referring the matter to the DOPT.

R.Ramachandran (Expert) 24 January 2012
Dear Mr. Sharma,
You also have to take into account the National Litigation Policy according to which if the implementation of the decision of the court is confined to one or two individuals the same has to be effected; while appeal should be preferred only if the implication has far reaching consequences. In any case, it would have been better if the opinion of the DOPT had been obtained prior to obtaining the opinion of the ASG.
Now having obtained the opinion of both the Legal Adviser and the ASG, you can very well forward the same to the DOPT for its opinion as well.
Normally the Govt. officers play it very very safe.