Clearance of Doubt regarding Payment of Legal Fee
Office of Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt – 110 010.
No.: LC/Advocate Fee Bill/Vol.II
Dated: 27.09.2018
To
All PCsDA/PCA(Fys) /CsDA/CFAs
Subject:-Payment of Legal Fee to Central Govt. Counsels – clarification reg.
With reference to the existing provisions relating to payment of Legal Fee to Central Govt. Counsels, certain doubts raised by the office of PCDA have been taken-up with the Ministry of Law & Justice, Department of Legal Affairs (Judicial Section) for clarification/guidelines. Based on the clarifications received, the summary of the points of doubt and clarification are as given below:-
| No. | Existing provisions and point of doubt | Clarification |
|---|---|---|
| (i) | The revised fee structure applicable to Govt. Counsels of Supreme Court/ High Court/CAT/Distt. Courts has been notified by Min. of Law & Justice, Dept. of Legal Affairs vide their OM bearing No. 26(1)/2014/Judl. dated 01.10.2015. As per the said OM dated 01.10.2015, payment of legal fee for
non-effective hearings in a case has been restricted to five (05) and payment of legal fee for Conferences in a case has been restricted to four (04). Point of Doubt In case, the Govt. Counsel has been changed during the pendency of a case who has already been paid for maximum number of non-effective hearings & conference, whether the newly appointed Govt. Counsel can be paid fee for another five (05) non-effective hearings & (04) conference or not. |
The OM No.26(1)/2014-Judl. Dated 01.10.2015 itself restricts the payment to a maximum of five non- effective hearings. Hence, a new counsel appointed during the pendency of a case will not be eligible for payment for non-effective hearings in case the limit of five as stated in above in above- mentioned OM is exhausted. |
| (ii) | In case, a proxy Counsel has appeared on behalf of nominated Govt. Counsel, Whether legal fee {effective or non effective} can be paid to the CGSC for hearings appeared by proxy counsel. | When proxy/private counsel has appeared on behalf of the Govt. Counsel in a matter, such nominated counsel is not entitled to payment of fee bill. |
The relevant OM dated 01/10/2015 is available on the website of the Ministry of Law & Justice, Department of Legal Affairs.
2. All the legal fee bills of Govt. Counsels may be regulated accordingly.
(Must Ahmad)
Dy. CGDA (AN)
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