CONTENTS - Central Public Works Department

220 SECTION 35
action to prepare the defence, duly supported by adequate documentary evidence and witnesses,
and arrange for its submission to the Superintending Engineer and the Departmental Counsel, as
may be necessary, and get their approval, and send to the Arbitrator by the date and within the
time specified by him. In cases where the claims (excluding interest) exceed Rs. 30 lakhs, (Modified
as per OM/MAN/200) advice of the Techno-Legal Cell should be sought as given in para 35.10.1.
(2) The Executive Engineer should deal with submission of counter statement with utmost urgency
and priority. Taking into account the various difficulties in filing the counter statement, it has been
decided that the Executive Engineer should submit the counter statement of facts normally within
two month, and in exceptional cases within three months from the date of receipt of the statement
of the facts.
(3) The Executive Engineers should invariably follow this time limit. However, in cases where they
foresee some unavoidable delay in adhering to the time limit, they should explain the position to
the Arbitrator under intimation to the other party and obtain extension of time before the expiry of
the stipulated date.
35.8 Engagement of lawyers other than Departmental Counsel
(1) Where the Counsel of the Department is not available and/or where it is considered desirable to
avail of the services of a local lawyer to conduct a case on behalf of the Department or assist the
Departmental Counsel, fees may be paid at the rates approved by the State in which the cases
are conducted. In such cases, approval of the Chief Engineer/Additional Director General/Director
General (Works) as the case may be, should be obtained before engaging such lawyer.
(2) Where the fees are in excess of the approved rates of charges laid down by the State Administration,
prior approval of the Government should be obtained.
(3) In the case of Executive Engineers at stations where Senior/Junior Counsel is also stationed, the
Executive Engineers should not engage Private Lawyer/Standing Government Counsel locally,
except in case where the Senior Counsel/Junior Counsel is not available due to unforeseen
circumstances, and the case can not be adjourned.
(4) However, the mere fact that the Counsel has not been able to come should not ordinarily call for
adjournment of whole case. In such circumstances, the Arbitrator may hear the Executive Engineer
on the claims involving technical and physical points. For hearing on legal issues, the Arbitrator
may, if he is satisfied that hearing the Government Counsel is necessary, adjourn the case only to
hear him on that or those issues. The Executive Engineer may also, where the nature of the claim
warrants the presence of the Government Counsel, seek adjournment, if necessary, in writing.
35.9 Engagement of Departmental Counsel (Junior/Senior/Standing/Private)
(1) In cases, where the value of the claims is Rs. 22.5 lakhs (Modified as per OM/MAN/200) or
more, the Counsel should invariably defend the cases with the help of the Executive Engineer
concerned before the Arbitrator. In all cases that are defended by the Counsel, the Executive
Engineer should supply him detailed brief at the initial stage itself, and should ensure that the
hearings are fixed by the Arbitrator to suit the availability of the Senior Counsel. The Executive
Engineer concerned should make it a point to contact the Counsel and discuss the arbitration
cases with relevant documents.
(2) If the case is to be defended by the Counsel of the Department, a copy of the detailed note referred
along with copies of the documents referred to therein should also be forwarded to him with a draft
counter statement/counter claims. For individual claims upto Rs. 50,000 which do not involve any
point of law or interpretation of clauses, the Executive Engineer should prepare the case himself
without taking the assistance of the Counsel.
(3) Where required, the Departmental Counsel would assist in preparation of the counter statement of
facts on the basis of the notes/matter to be made available to him by the Executive Engineer.