Frequently Asked Questions (FAQ) page contain a list of commonly asked questions and answers about Directorate of Legal Affairs (DLA).
- 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 Directorate 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 Directorate 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. In case Department files Review Petition in Supreme Court against Party filed appeal in Supreme Court, such cases will also be handled by DLA.
- The Directorate is mandated to maintain and monitor the legal and judicial database in respect of cases pertaining to Supreme Court/High Court/CESTAT on all India level basic.
- The Directorate will take further required steps after affirmation of SLP/CA excluding those situation as indicated in the duties of Legal and Judicial Cells.
- Maintenance of Monthly Performance Report of cases pending at various appellate fora.
- DLA is monitoring the report “Examination of High Court/CESTAT orders for acceptance or otherwise” on monthly basis.
- The “Inspection of legal work undertaken by the Field Formation” has to be done by DLA. The format of inspection is under preparation now.
- Board/Commissioner (Legal) receives proposals from zonal CCs to file SLP.
- Board examines and forwards proposal to Department of Legal Affairs seeking advice for filing of SLP.
- After concurrence from DoLA, SLP proposal is sent to CAS for drafting and filing.
- DLA takes over after filing of SLP.
- Board/JS(Review) receives proposal for appealing against CESTAT Orders from the Zonal CC.
- If accepted, proposal is forwarded to CAS for drafting of Civil Appeal.
- Drafted petition is approved/vetted and affirmed by JS(Review).
- Civil Appeal filed by CAS.
- Further monitoring by DLA.
- 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.
