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Who should be employed to prosecute if the Government of India is interested in a criminal case?
Who should be employed to prosecute if the Government of India is interested in a criminal case?
What must happen before a prosecution is instituted according to the guidelines?
What must happen before a prosecution is instituted according to the guidelines?
In the event of a railway case going to the Supreme Court, who is responsible for the administration?
In the event of a railway case going to the Supreme Court, who is responsible for the administration?
What is required for advocates or legal practitioners engaged by the Government of India regarding settlements?
What is required for advocates or legal practitioners engaged by the Government of India regarding settlements?
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Under what circumstances can a suit be settled out of court without consulting the Government?
Under what circumstances can a suit be settled out of court without consulting the Government?
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What type of legal proceedings may involve a railway servant executing their official duty?
What type of legal proceedings may involve a railway servant executing their official duty?
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In which situation will claims for reimbursement of legal expenses not be admissible?
In which situation will claims for reimbursement of legal expenses not be admissible?
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Which body must be consulted regarding claims for costs incurred in type (i) legal proceedings?
Which body must be consulted regarding claims for costs incurred in type (i) legal proceedings?
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Which type of case does NOT require consultation with the Union Public Service Commission?
Which type of case does NOT require consultation with the Union Public Service Commission?
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How many counsel's fees are normally considered for reimbursement?
How many counsel's fees are normally considered for reimbursement?
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What kind of reimbursement is excluded from the fees considered for legal expenses?
What kind of reimbursement is excluded from the fees considered for legal expenses?
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Which type of cases does not lead to reimbursement by the Railway Board?
Which type of cases does not lead to reimbursement by the Railway Board?
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Under what condition can a railway servant receive assistance when instituting proceedings Suo-Moto?
Under what condition can a railway servant receive assistance when instituting proceedings Suo-Moto?
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What is the status of assistance if a railway servant is sued by another railway servant?
What is the status of assistance if a railway servant is sued by another railway servant?
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What is the government's position on reimbursement for legal expenses in cases not connected with official duties?
What is the government's position on reimbursement for legal expenses in cases not connected with official duties?
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Which of the following conditions allows the government to decide on the defense of a railway servant?
Which of the following conditions allows the government to decide on the defense of a railway servant?
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In what situation can government assistance be denied for a railway servant's legal defense?
In what situation can government assistance be denied for a railway servant's legal defense?
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What does the term 'private party' imply in the context of railway servants?
What does the term 'private party' imply in the context of railway servants?
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What determines whether the defense should be undertaken at government's expense?
What determines whether the defense should be undertaken at government's expense?
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Which of the following situations does NOT entitle a railway servant to reimbursement of legal expenses?
Which of the following situations does NOT entitle a railway servant to reimbursement of legal expenses?
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What happens if a railway servant has acted improperly?
What happens if a railway servant has acted improperly?
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What is the purpose of the Surety Bond as described in the document?
What is the purpose of the Surety Bond as described in the document?
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Who is referred to as 'the Surety' in the Surety Bond?
Who is referred to as 'the Surety' in the Surety Bond?
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What should be included in the bond according to the instructions provided?
What should be included in the bond according to the instructions provided?
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Which of the following is NOT mentioned as a requirement in the document?
Which of the following is NOT mentioned as a requirement in the document?
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What amount is referenced in the Surety Bond's main text?
What amount is referenced in the Surety Bond's main text?
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What does 'firmly bound' indicate in the context of the Surety Bond?
What does 'firmly bound' indicate in the context of the Surety Bond?
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What is the role of the 'attorney and client' as mentioned in the Surety Bond?
What is the role of the 'attorney and client' as mentioned in the Surety Bond?
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What is the date format used in the Surety Bond for the signature?
What is the date format used in the Surety Bond for the signature?
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What factors determine the reasonableness of fees for a lawyer?
What factors determine the reasonableness of fees for a lawyer?
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What happens if the fees per case are considered prima-facie high?
What happens if the fees per case are considered prima-facie high?
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Under what condition can payment up to the limits laid down by the High Court be regarded as reasonable?
Under what condition can payment up to the limits laid down by the High Court be regarded as reasonable?
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What is required if a lawyer has multiple cases on the same day and each fee is within prescribed limits?
What is required if a lawyer has multiple cases on the same day and each fee is within prescribed limits?
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What agreement does an individual make when taking an advance of money from the Government?
What agreement does an individual make when taking an advance of money from the Government?
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What consequence occurs if a government employee ceases service and fails to repay the advance?
What consequence occurs if a government employee ceases service and fails to repay the advance?
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What is the due date for the repayment after an advance is taken?
What is the due date for the repayment after an advance is taken?
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What happens if the lawyer's total fees exceed the prescribed limits across multiple cases?
What happens if the lawyer's total fees exceed the prescribed limits across multiple cases?
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What can the government do if the repayment is not made after six months of due date?
What can the government do if the repayment is not made after six months of due date?
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Who has the authority to judge whether the proposed lawyer's fees are considered high?
Who has the authority to judge whether the proposed lawyer's fees are considered high?
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What must occur before any prosecution involving the Government of India can be initiated?
What must occur before any prosecution involving the Government of India can be initiated?
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What is the role of the Government Agent in cases concerning railway administration going to the Supreme Court?
What is the role of the Government Agent in cases concerning railway administration going to the Supreme Court?
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Under what conditions can a lawyer settled out of court without prior government sanction?
Under what conditions can a lawyer settled out of court without prior government sanction?
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What is the primary rule regarding the prosecution or withdrawal of any prosecution by the Government of India?
What is the primary rule regarding the prosecution or withdrawal of any prosecution by the Government of India?
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What governs the engagement of advocates on behalf of the Government of India in legal matters?
What governs the engagement of advocates on behalf of the Government of India in legal matters?
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What may happen if a railway servant fails to observe the prescribed procedure for their defense?
What may happen if a railway servant fails to observe the prescribed procedure for their defense?
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Under which condition can a railway servant be sued for damages regarding their official duties?
Under which condition can a railway servant be sued for damages regarding their official duties?
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What must a railway servant plead if they are being sued for wages arising from their official duties?
What must a railway servant plead if they are being sued for wages arising from their official duties?
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What is the consequence for a railway servant who fails to defend a suit initiated against them appropriately?
What is the consequence for a railway servant who fails to defend a suit initiated against them appropriately?
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In the context of legal procedures, what is a railway servant unable to claim as a defense against being sued for wrongs?
In the context of legal procedures, what is a railway servant unable to claim as a defense against being sued for wrongs?
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What is the primary responsibility of a railway servant concerning legal suits brought against them in connection with their official duties?
What is the primary responsibility of a railway servant concerning legal suits brought against them in connection with their official duties?
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What type of situation will a railway servant face where the government is not considered the party interested in the litigation?
What type of situation will a railway servant face where the government is not considered the party interested in the litigation?
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Under what condition will the government arrange for the defense of a railway servant?
Under what condition will the government arrange for the defense of a railway servant?
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Which document must a railway servant submit when the government agrees to undertake their defense?
Which document must a railway servant submit when the government agrees to undertake their defense?
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What might happen if a railway servant conducts their own defense in legal proceedings?
What might happen if a railway servant conducts their own defense in legal proceedings?
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What is required of a railway servant if the government agrees to their defense?
What is required of a railway servant if the government agrees to their defense?
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In which standard scenario will the government not provide legal assistance to a railway servant?
In which standard scenario will the government not provide legal assistance to a railway servant?
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What must happen before the government decides to undertake a common defense for a railway servant?
What must happen before the government decides to undertake a common defense for a railway servant?
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What responsibilities does a railway servant have if the government defends them?
What responsibilities does a railway servant have if the government defends them?
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What legal principle allows the government to arrange for a railway servant's defense?
What legal principle allows the government to arrange for a railway servant's defense?
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What may be considered if a railway servant proposes to conduct their own defense?
What may be considered if a railway servant proposes to conduct their own defense?
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Under what circumstances may a railway servant receive assistance from the government when instituting proceedings Suo-Moto?
Under what circumstances may a railway servant receive assistance from the government when instituting proceedings Suo-Moto?
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What is the government's stance regarding reimbursement for a railway servant's legal expenses in cases not connected to their official duties?
What is the government's stance regarding reimbursement for a railway servant's legal expenses in cases not connected to their official duties?
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What criteria must be met for a railway servant to be defended by the government in a case filed by another railway servant?
What criteria must be met for a railway servant to be defended by the government in a case filed by another railway servant?
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What is expected of a railway servant if there is evidence indicating improper conduct on their part during legal proceedings?
What is expected of a railway servant if there is evidence indicating improper conduct on their part during legal proceedings?
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In which scenario might the railway servant be deemed a 'private party' in legal proceedings?
In which scenario might the railway servant be deemed a 'private party' in legal proceedings?
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Which factor is influential in determining if the government should bear the expense of a railway servant's legal defense?
Which factor is influential in determining if the government should bear the expense of a railway servant's legal defense?
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Which types of cases do NOT allow for government assistance or reimbursement for railway servants?
Which types of cases do NOT allow for government assistance or reimbursement for railway servants?
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What is the implication for a railway servant who joins another suit against the government regarding conditions of service?
What is the implication for a railway servant who joins another suit against the government regarding conditions of service?
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What occurs if the legal expenses incurred by a railway servant ultimately exceed what the government considers reasonable?
What occurs if the legal expenses incurred by a railway servant ultimately exceed what the government considers reasonable?
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What is the primary purpose of the Surety Bond as stated in the document?
What is the primary purpose of the Surety Bond as stated in the document?
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Who is identified as 'the Surety' in the context of the Surety Bond?
Who is identified as 'the Surety' in the context of the Surety Bond?
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What should be completed in the Surety Bond regarding the amount?
What should be completed in the Surety Bond regarding the amount?
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What does the statement about 'heirs, executors, administrators and representatives' signify in the Surety Bond?
What does the statement about 'heirs, executors, administrators and representatives' signify in the Surety Bond?
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What is the significance of the term 'bound' in the context of the Surety Bond?
What is the significance of the term 'bound' in the context of the Surety Bond?
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In the surety bond, what is required from the government servant's witness?
In the surety bond, what is required from the government servant's witness?
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What critical piece of information needs to be stated as the last detail in the Surety Bond?
What critical piece of information needs to be stated as the last detail in the Surety Bond?
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What does the phrase 'with all costs between attorney and client' in the Surety Bond refer to?
What does the phrase 'with all costs between attorney and client' in the Surety Bond refer to?
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What does the instruction about 'filling the name and particulars of the Government servant' imply in the process?
What does the instruction about 'filling the name and particulars of the Government servant' imply in the process?
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What is indicated by the phrase 'which expression shall include his successors and assignees' in the Surety Bond?
What is indicated by the phrase 'which expression shall include his successors and assignees' in the Surety Bond?
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Study Notes
Indian Railway Establishment Code (Chapter 7)
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Lawsuits against railway servants: Railway servants may be involved in legal proceedings in various situations
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Official duty: Cases where actions are performed in the execution of formal duties
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Connection with official position: Cases connected to the official position, but not directly within the official execution of duty.
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Other, non-official actions: Cases not related to official duties or position
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Legal expenses reimbursement: All expense claims (types 1 & 2) are referred to the Railway Board. Cases of type 3 may be considered on a case-by-case basis, but no reimbursement of expenses is usual.
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Counsel fees: Typically, only one or senior counsel’s fees are reimbursed, not including items like travel or clerkage
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Union Public Service Commission consultation: Consultation is required for cases involving official duties (Article 320 (3)(d))
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Subsidiary rules: General managers can create rules for railway servants to follow when defending lawsuits. Failure to follow these rules could result in denied reimbursement.
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Private party suits: If a railway servant is sued by a private party for wages/money related to official transactions, the railway servant must plead that the government is the defendant.
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Damages suits: Suits contesting damages resulting from the actions of a railway servant as a government employee can be directed towards the servant.
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Personal liability: If a railway servant fails to properly respond in legal suits, personal responsibility is assumed.
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Government defense of railway servant: In suitable circumstances, the government may take on the defense of a railway worker.
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Government initiated proceedings: No assistance or reimbursement is given if proceedings are initiated by the government on issues related to duty or position.
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Official conduct vindication: If a railway servant's conduct is challenged legally after government permission, assistance is optional.
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Suits by other railway servants: Cases against servants stemming from duties can often be assisted or handled as privately held matters.
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Matters not related to official duties or position: No assistance or reimbursement is given for cases unconnected to official responsibilities.
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Defense procedure: Government decides whether taking responsibility for defense in suitable cases. If employee acts improperly, they must defend themselves, reimbursement later considered.
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High fees: Requests for high lawyer fees (over Rs. 750/day in Supreme Court or similar amounts elsewhere) require explicit government approval.
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Government Attorney: Attorney General/Solicitor engaged in government cases only with government approval.
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Multiple cases on same day: If total lawyer fees on a single court day exceed approved limits, specific procedure applies
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Advances for legal fees: Interest-free advances are available, up to a maximum or servant’s pay (whichever is greater) to assist the railway employee
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Police/judicial investigations: If a police or judicial investigation is taking place, this does not stop internal departmental investigation of any fraudulent activities. Legal advisor needs to be consulted before an internal investigation.
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Description
Explore Chapter 7 of the Indian Railway Establishment Code, focusing on lawsuits involving railway servants. This chapter covers various aspects including official duties, legal expenses reimbursement, and the connection with official positions. Understand the guidelines for legal proceedings and reimbursement processes in the railway context.
