From

Date

To,
The Head of the Public authority
Sub: Notice u/s 80 of The Code of Civil Procedure, 1908, in the light of Judgment of Salem Advocate Bar Association, Tamil
Nadu Vs. Union of India (UOI), (2005) 6 SCC 344, paras 38, 39.
Ref(s): [1]
[2]
Sir,

(Very briefly, state facts of the case and other relevant detail, which palpably suggest conscious
neglect of duties / willful disregard of letter of the Law so established. The Public authority may
also be told to refer your earlier communications in this regard.)
Hence this notice to the secretary in order to provide explanation for various queries that arise in this connection.

Moreover, at this point, I hereby place on record, a Supreme Court Judgment given in respect of notices to be given to public
authorities under section 80 of Civil Procedure Code 1908, before moving courts against them.
In Salem Advocate Bar Association, Tamil Nadu Vs. Union of India (UOI) the Honorable Supreme Court took Judicial
notice of the fact that the government and its agencies are the biggest litigants in the courts and are known to be a huge
contributor to delays.
The Court thus directed- Having regard to the existing state of affairs, we direct all Governments, Central or State or other
authorities concerned that whenever any notice is received by them, they have to ensure that replies to notices are sent within the
period stipulated time. The replies shall be sent after due application of mind. Despite this, if the court finds that either the notice
has not been replied to or the reply is evasive and vague and has been sent without proper application of mind, the court shall
ordinarily award heavy costs against the Government and direct it to take appropriate action against the officer concerned
including recovery of costs from him.
Also, the Honorable Supreme Court has further directed under VI. Notice issued under S.80 of
Code of Civil Procedure that - Every public authority shall appoint an officer responsible to take
appropriate action on a notice issued under S.80 of the Code of Civil Procedure. Every such
officer shall take appropriate action on receipt of such notice. If the Court finds that the
concerned officer, on receipt of the notice, failed to take necessary action or was negligent in
taking the necessary steps, the Court shall hold such officer responsible and recommend
appropriate disciplinary action by the concerned authority.
And therefore, I request you to reply while properly dealing with all material points and issues raised in this notice.
Queries for which your explanation / report is sought

(1) Specify the issues very briefly to which you are seeking explanation or answer from the public
officials / Public authority.
Note: If the undersigned receives vague, evasive, partial / denial of explanation by the public authority in spite of the receipt
of this notice, it will be construed by the applicant as the abetment of violation of laws enacted by the Parliament by the
concerned public authority.
It is further mentioned that a copy of this letter is already sent to the Honorable Chief Justice of The High Court /Supreme
court to bring to his notice of the said situation faced by the undersigned, and for ensuring the compliance of the directives
contained in the judgment of the Honorable Supreme Court (referred to in the subject) with regard to the Section 80 CPC, by
the concerned public authority.
If I do not receive any satisfactory reply to all my mentioned queries within a specified time frame of two months from the date
of receipt of this notice, it will be construed by the applicant as contempt of court by the concerned public authority and will be
proceeded against in a Court of Law.
Thanking you.

Sincerely Yours,