Rules and Guidelines for Constitution of Panels of Govt. Counsel
Appointment and tenure of Government Counsels
1) The appointment of Government Counsels on various panels of Delhi Administration shall be made by the Administrator of the Union territory of Delhi and the Government Counsel shall hold office at the pleasure of the Administrator.
2) The appointment of a Government Counsel shall be made by the Administrator by means of a notification and in accordance with the provisions of the Code of Criminal Procedure, 1973 or the Code of Civil Procedure, 1908, as the case may be.
3) Initially, the appointment of a Government Counsel would be for a period of one year which may be extended from year to year upto a period of three year.
4) A Government Counsel can, however, be removed by the appointing authority from the panel at any time without assigning any reason. A Government Counsel may resign from the panel of Government Counsels and he shall cease to hold the office from the date his resignation is accepted by the Administrator.
Procedure for Selection/empanelment of Government Counsels.
1) The Administrator may appoint Committees for the purpose of selection of Government Counsels for making recommendations to the Administrator for empanelment as a Government Counsel.
A) Committee for selection of Government Counsels for Criminal panels
1) Secretary (L & J)-Convener 2) Secretary (Home)-Member 3) Deputy Commissioner (Delhi)-Member 4) A representative of the Delhi High Court-Member
B) Committee for selection of Government Counsels for Civil Panels
1) Secretary (L & J)-Convener 2) Commissioner, Sales Tax-Member 3) Deputy Commissioner, Delhi-Member 4) A representative of the Delhi High Court-Member
2) The Committee may adopt such procedure and criteria as may be considered necessary including personal interviews of the applicant(s) for the selection of Government Counsel and may make recommendations to the Administrator for their appointment on Different Panels of Delhi Administration.
3)Secretary (Law & Justice) may review the performance of Government counsels at such intervals as may be deemed necessary. The performance of the Government Counsel shall be reviewed by the Selection Committees at least once in a year and would make recommendations to the Administrator for retention/removal of the Government Counsel, as the case may be.
Terms and Conditions of appointment of Government Counsels
1) The eligibility conditions for appointment of Standing Counsel (Civil), Additional Standing Counsel (Civil) , Standing Counsel (Criminal)/Additional Standing Counsel (Criminal) and Panel Lawyers (Criminal and Civil) shall be as per Annexure-A, and for Public Counsel and Additional Public Counsels as per Annexure-B.
2) The remunerations payable to the Government Counsels shall be as per Annexure-C. In the event of any doubt or difference regarding the fees, the fees determined by the Secretary (Law & Judicial) shall be final and binding.
Duties The Government Counsels shall:-
1) appear in the Delhi High Court, Central Administrative Tribunal and other Tribunals, Arbitrators, Commissions of Enquiry, Subordinate Courts etc. Commissions of Enquiry, Subordinate Courts etc. at the Head Quarter/outside the Head Quarters in the cases marked to him by officers of Law & Judicial and Litigation Department, Delhi Administration, Delhi.
2) When any case attended by a Government Counsel is decided against the Delhi Administration/and/or its officer, the Counsel will give opinion regarding the advisability of filing an appeal/review/revision against such a decision.
3) The Government Counsel shall render such advice/opinion as may be asked for from him with regard to any pending matter or any other matter involving legal question.
4) perform such other duties of legal nature which may be assigned to him by Law, Judicial and Litigation Department from time to time.
5) keep the Secretary (Law & Judicial) and Head of concerned Department of Delhi Administration informed of the important developments o0f the case from time to time particularly, in cases where stay orders have been given by the courts.
6) furnish to Litigation Department periodical statements and reports/returns which may be called for by the law and Judicial Department from time to time.
7) render detailed accounts of the advances in the form of out-of-pocket expenses to the Litigation Department and concerned Departments to which the case pertains.
Right of Private Practice
1. Government counsel will have the right of Private practice which shall not, however, interfere with the efficient discharge of the work of the Delhi Administration. He shall not advise in or accept against the Delhi Administration any case in which he is likely to be called upon to appear for or advise or which is likely to effect or lead to litigation against the Delhi Administration.