The PAC (1983-84; 7th LS) in its 107th report recommended for
setting up a Directorate. A Special Monitoring Cell was created in the
year 1997 to monitor cases in the Hon’ble Supreme Court. The
Directorate of Legal Affairs (DLA) was set up in June 2002.
- The Legal Cell (headed by Commissioner) looked after the
proposals for filing of SLP (arising from High Court orders) and
appointment of counsel.
- The Review Section (headed by the Joint Secretary) looked after
the proposals for filing of Civil Appeals (CA) arising out of
CESTAT orders.
- DLA look after the cases after filing of SLP/CA.
- The Directorate of Legal Affairs (DLA) shall be the Nodal Agency to monitor the
Legal and Judicial work of CBEC and its field formations. Accordingly, DLA is required
to work in close co-ordination with the Legal and Judicial Sections of CBEC.
- The DLA will work in close co-ordination with CBEC, CDR’s office, Law Ministry,
Directorate of Systems, field formations of the CBRC, Central Agency Section (CAS),
Senior Law Officers, Govt. Counsels, etc.
- The DLA is the Nodal Authority with regard to Party’s appeal filed in the Supreme
Court. DLA co-ordinates with field formations and the Central Agency Section.
- The DLA also handled review petition filed by Department against Party Appeals
in Supreme Court.
- The DLA is monitor maintenance of the database / Monthly Performance Report
of cases pending at various appellate fora.
- The DLA is monitoring the report “Examination of High Court/CESTAT orders for
acceptance or otherwise” on monthly basis.
- The DLA under takes Legal inspection of field formation in terms of filing appeals,
counter affidavit and replies before the High Courts and Supreme Court.
- Principal Chief Commissioners/ Chief Commissioners are sent SLP proposals against High Court order to Board / Commissioner (Legal).
- Board examines the proposal and forwards to Department of Legal Affairs
seeking advice for filing of SLP.
- After receiving concurrence from DoLA, SLP proposal is sent to CAS for drafting
and filing.
- DLA takes over after filing of SLP.
- Principal Chief Commissioners/ Chief Commissioners are sent Civil Appeal proposals against High Court order to Board / Commissioner (Legal).
- After acceptance, proposal is forwarded to CAS for drafting of Civil Appeal.
- Joint Secretary (Review) vetted / approved and affirmed the drafted petition.
- Civil Appeal proposal is sent to CAS for filing.
- DLA takes over after filing of Civil Appeal.
- DLA is the Nodal office for Party appeals filed in the SC and ensures effective monitoring & co-ordination with field formations and CAS.
- It ensures filing of CAVEAT on important issues, Vakalatnama, Counter-Affidavits etc. by the Commissioners.
- In cases where Notice of Appeal is received, the Commissionerate sends Vakalatnama & Para-wise comments directly to the CAS under intimation to DLA for drafting and filing of Counter Affidavit.
