Asked August 21, 2016

Suit against or by Government Officer

  • 1 Answer

Learned Sir/Madam, Kindly guide 1. Whether an employee can himself (in person) serve notice U/s 80 of CPC to his employer ? 2. Does such notice require any stamp fee and/or notarization ? I shall remain ever grateful to you. Thanking you.

Answer 1

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Shreya Mishra

Under Section 80 of the CPC, there has been no requirements led down as to who can file a notice. Section 80 of the CPC provides for sending a notice to the government or a public officer if one wants to institute a suit against the government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity until the expiration of two months. The object of the notice is to give Secretary of State or the public officer an opportunity to reconsider his legal position and to make amends or afford restitution without recourse to a court of law.

It can be filed by anyone. In the case of Calcutta Municipal v. Sibamoy Chakraborty[1], the Court clarified the difference between filing a notice against Government and against a public official.  In respect of the Government, institution of all suits of all types, has been barred except after service of notice, as far as a public officer is concerned Institution of only such suits against him, except after service, has been barred which are in respect of any act purporting to be done by such public officer in his official capacity. In other words, what section 80 CPC provides is that one can institute a suit against a public officer without serving a notice upon him if the suit is not in respect of any act purporting to be done by such public officer in his official capacity, but as far as the Government is concerned, no such exception is made and suits of all types, of whatever nature are barred except when instituted after service of notice.

In the case of State of A.P. v. Gundugola Venkata, AIR 1965 SC 11, it was held that the essentials of filing a notice is – the name, description and address of the person filing a notice should be present along with a statement of cause of action and the relief he claims. You should leave it at the Office of the concerned authority and the notice has to be in writing. No extra stamp duty is required.














[1] (2000) 3 CALLT 303 HC

Agree Comment 0 Agrees about 5 years ago

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