# authority for orders

- **Citation:** C.L.No.49/VIII-d-8
- **Court:** Allahabad High Court
- **Decided:** 1952-04-04
- **Case number:** C.L.No.49/VIII-d-8
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/authority-for-orders-163912
- **Pages:** 1

## Text

474

In a case of doubt, the head of the department should invariably refer to the higher
authority for orders.

These instructions apply as well to cases in which the Government is a party to
the suit. In such cases, much will depend on the legal advice as to the value of the
documents, but before they are produced in court, the considerations stated above must
be borne in mind, and reference to a higher authority made, when necessary. The
government servant, who is to attend a court, as a witness with official documents should,
where permission under section 128 has been withheld, be given an order duly signed by
the head of the department in the form given in the letter. He should produce it when he
is called upon to give his evidence, and should explain that he is not at liberty to produce
the document before the court, or to give any evidence derived from them. He should,
however, take with him the papers, which he has been summoned to produce.

The head of the department should abstain from entering into correspondence
with the presiding officer of the court concerned in regard to the grounds on which the
documents have been called for. He should obey the court's orders and should appear
personally, or arrange for the appearance of another officer in court with the documents,
and act as indicated above and produce the certificate if he claims privilege.
C.L.No.49/VIII-d-8 dated 4th April, 1952
If only the production of a document or formal proof of a routine letter and the
signatures fixed thereon is required, the choice of the agency through which it should be
produced or formally proved may be left to the head of the office. If for any reasons the
personal testimony of any particular officer is required, the propriety of his examination
on commission may be considered before a summons is issued.
C.L.No.44/VIII-d-8/Admn.(G) dated 26th July, 1989
It invites attention of all the presiding officers to the aforesaid circular letter for
strict compliance.
C.L.No.121/VIII-h-28 dated 9th December, 1952
Whenever any party wishes to summon a document from a government office or
department or to have a summons issued to a high government officer or a member of the
Government, it should be carefully scrutinized by the munsarim and if necessary, also by
the presiding officer of the court before it is issued and in no case should summons be
issued to a higher government officer or a member of the Government without the orders
of the presiding officer of the court.
C.L.No.121/VIII-h-28 dated 9th December, 1952
When a document is summoned from the custody of the Government the
summons should be issued to the Secretary of the relative department and if it cannot be
ascertained to which department the document relates, the summons should be addressed
to the Chief Secretary with sufficient particulars of the document required.
C.L.No.49/VIII-d-8 dated 4th April, 1952
The personal appearance of Gazetted Officers of the Accountant General's office
should be dispensed with unless necessary in the interest of justice.