Question

    Rajat works in a public works department and Uma wants

    to initiate action against him by filing a suit for his actions done in official capacity. When can Uma initiate a suit against him?
    A Within 6 months of cause of action Correct Answer Incorrect Answer
    B Only after issuing a notice to the office of Rajat Correct Answer Incorrect Answer
    C Within 1 months after notice in writing is issued to the office of Rajat Correct Answer Incorrect Answer
    D Within 45 days after notice in writing is issued to the office of Rajat. Correct Answer Incorrect Answer
    E Within 60 days after notice in writing is issued to the office of Rajat. Correct Answer Incorrect Answer

    Solution

    S. 80. Notice.— (1) Save as otherwise provided in sub-section (2), no suits shall be instituted against the Government (including the Government of the State of Jammu and Kashmir) or against a public officer in respect of any act purporting to be done by such public officer in his official capacity,  until the expiration of two months next after notice in writing has been delivered to, or left at the office of……… and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.

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