THE STATE PUBLIC SERVICE GENERAL ORDERS, 1996

Chapter:Chapter 4
Chapter Heading:CONDUCT AND DISCIPLINE
Part No.:Part 1
Part Heading:CONDUCT
GO No.:170
.

Institution of legal proceedings and legal aid
170. - (1) Officers suing on behalf of the Government shall, unless for any reason it is considered inadvisable, apply for an order for costs in all cases in which judgment is obtained.

(2) An officer shall not, without the prior written approval of the State Secretary, accept appointment from any court as a receiver or give expert evidence in relation to any matter which relates to his office or the discharge of any Government function or activity.

(3) An officer shall not institute legal proceedings in his own personal interest in connection with matters arising out of his official duties without the prior written approval of the State Secretary.

(4) An officer who receives a notice of the intended institution of legal proceedings against him in connection with matters arising out of his official duties or who receives any process of court relating to the said legal proceedings shall immediately report the matter to the Head of Department for instructions as to whether and how the notice or, as the case may be, the process of court is to be acknowledged, answered or defended.

(5) An officer who desires legal aid to retain and instruct an advocate for the purpose of legal proceedings in connection with matters arising out of his official duties may make an application to the State Secretary through the Head of Department. The said application which shall contain all the facts and circumstances of the case shall be forwarded by the Head of Department together with his considered opinion as to the nature of the officer’s involvement to the State Secretary through the State Attorney-General.

(6) On receipt thereof, the State Secretary may approve or reject the said application subject to the advice of the State Attorney-General as to-

(a) the amount of legal aid to be approved;

(b) the advocate to be retained and instructed by the officer; or

(c) any other conditions which the State Attorney-General may consider advisable,

and to a further implied condition that, in the event of the officer being awarded costs by the court at the conclusion of the said legal proceedings, no payment in respect of the legal aid so approved shall be made by the Government unless the amount of costs so awarded to him is insufficient to meet charges for retaining and instructing an advocate.

(7) Charges for employing an advocate retained and instructed by or on behalf of an officer in legal proceedings in connection with matters arising out of his official duties otherwise than by virtue of approval by the State Secretary shall not be paid for by the Government.

(8) An officer shall not divulge or produce any official document or copies thereof which is classified as "Restricted", "Confidential", "Secret" or "Top Secret" as evidence before any court without first obtaining the prior written approval of the State Secretary.