Service of legal notice u/s 80 of the cpc

Ritesh Ranjan (Querist) 10 January 2021 This query is : Resolved
Respected Sir/Madam/s,
Is it mandatory to serve a Legal Notice U/s 80 of the CPC through the Proper Channel say, if it is addressed to a Director of a govt. organisation, it should be routed through his subordinates ? OR, it can be directly served to the Director? Please guide.

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This discussion clarifies whether a legal notice under Section 80 of the CPC must be served through official subordinates or can be sent directly to the head of a government organisation, such as a director. Experts advise that direct service is permissible and not subject to departmental disciplinary proceedings, as it's a citizen's fundamental right to sue and not part of administrative duties.

SHIRISH PAWAR, 7738990900 (Expert) 10 January 2021
Hello,

You can address section 80 cpc notice to the government organisation and the managing director of the organisation.

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Advocate Bhartesh goyal (Expert) 10 January 2021
You have to send notice to party to the suit either he is individual or authority of Govt organization or collector/ secretary of Central or State Govt.

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Ritesh Ranjan (Querist) 10 January 2021
Heartfelt Thanks to Shri Pawar Sir and Shri Goyal Sir..... I am resetting my query as Open for some more guidance as my concerned authority is threatening me with Departmental disciplinary proceedings. Is he right to do so? If no, what are the options before me ?

Ritesh Ranjan (Querist) 10 January 2021
Please help.Heartfelt Thanks to Shri Pawar Sir and Shri Goyal Sir..... I am resetting my query as Open for some more guidance as my concerned authority is threatening me with Departmental disciplinary proceedings. Is he right to do so? If no, what are the options before me ?

K Rajasekharan (Expert) 10 January 2021
The Section 80 notice need not be routed through proper channel.

This is because it is a mandatory judicial procedure fixed by the rules framed by the judiciary in order to ensure the appropriate officer to settle the issue through conciliatory mechanisms before it comes to the court as a case and thereby to reduce the number of cases of the citizens against the government to the minimum.

The sole intention underlying Section 80, as Supreme Court says, is to alert the Government re-negotiating just claims and to settle them if well-founded without adopting an unreasonable attitude by inflicting wasteful expenditure on the public exchequer.

The law Commission in many reports pointed out the importance of this Section 80 notice.

The issue of Section 80 notice is an exercise of citizen’s fundamental right - the right to sue.

It is not part of his administrative duties for which he is employed and paid from the exchequer.

In any matter concerning his administrative responsibilities he is expected to submit everything through proper channel and any failure of it is a matter of serious indiscipline.

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Dr J C Vashista (Expert) 12 January 2021
I fully agree with the opinion and advise of expert Mr. K Rajasekharan.
No need to submit a legal notice u/s 80(C) CPC through proper channel, it shall be sent directly to Head of department.

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Rajendra K Goyal (Expert) 12 January 2021
Agree with the expert K. Rajasekharan, well explained.

Rajendra K Goyal (Expert) 12 January 2021

If any disciplinary proceedings started, and your claim of legal right not accepted, approach law against such proceedings.

krishna mohan (Expert) 13 January 2021
I agree with the experts advise and in particular Mr.Rajasekaran's. I may add if you are a public servant, you are governed by rules and regulations and contract if it relate to contract. It is not individual that matters as it is organization which need to provide remedy to avoid litigation. Alternatively, ADR is one of the remedy for contracts where the appropriate ADR mode is chosen and accepted by both the parties to resolve the dispute. Since no fact is given no specific advise can be given.

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