The instructions with regard to procedure for engagement of Counsels by Ministry of Railways in various High Courts, Subordinate Courts and Tribunals
Government of India
Ministry of Railways
New Delhi, Dated 22.02.2022
The General Managers(Law)
All Indian Railways & Production Units,
The Chairman, All RRBs
Sub: Procedure for Engagement of Counsels by Ministry of Railways in various High Courts, Subordinate Courts and Tribunals.
In continuation of this office instructions with regard to procedure for engagement of Counsels by Ministry of Railways in various High Courts, Subordinate Courts and Tribunals, attention is invited to the letter number J-18/51/2021-JUDL dated 17.01.2022 (copy enclosed) received from Secretary, Department of Legal Affairs, Ministry of Law and Justice addressed to Chairman & CEO, Railway Board regarding withdrawal of existing arrangement for selection of panels counsels by the Ministry of Railways and has conveyed the decision that now onwards the cases on behalf of; Railways are to be defended by the Counsels empanelled by Department of Legal affairs, Ministry of Law and Justice. In this regard, Department of Legal Affairs has issued an OM No, J-11017/12/2021-Judicial dated 01.02.2022 (Copy enclosed), the same is as under :
“Subject : Engagement of Counsel by Railways in various Courts
The procedure to be followed for engagement of counsels for Ministry of Railways for various High Courts and subordinate Courts has been reviewed by the Department of Legal Affairs, with the approval of Hon’ble Minister for Law and Justice and it has been decided that henceforth, cases on behalf of Ministry of Railways would be defended by the Counsels empanelled by the Department of Legal Affairs, Ministry of Law and Justice.
2. Accordingly, the orders for empanelment of Advocates for Union of India shall also include matters pertaining to Ministry of Railways before all Courts, Tribunals and notice of suits/petitions in respect of Railway matters shall be accepted by the, respective Branch Secretariats/litigation (High Court) Section, Delhi/litigation (Lower Court) Section, Delhi/Branch Secretariats concerned/Litigation Incharge of various Courts/Tribunals as notified in this Department’s OM No. J-12017/01/2019-Judicial dated 21.10.2019.
4. These instructions shall come into force with immediate effect”.
Further, Railway Board vide their letter No.2022/0&M/3/3 dated 08.02.2022 (copy enclosed) addressed to various authorities of Ministry of Railways has conveyed their decision to implement the aforesaid decision taken by Department of Legal Affairs, Ministry of Law and Justice on the subject mentioned above.
In view of the above, all earlier instructions issued by Legal Directorate regarding engagement of counsel by Railways authorities stand withdrawn and accordingly, all Zonal Railways/PUs & Equivalents, DG/RDSO & DG/NAIR, CAO/RWP & CAO/PLW and RRBs are advised to follow the procedure prescribed in OM No. J-12017/01/2019-Judicial dated 21,10.2019 (Copy enclosed) and OM No, J-11017/12/2021-Judicial dated 01.02.2022 mentioned above.
This issues with the approval of Secretary, Railway Board.
Addl. Secy. & Legal Advisor/Railways