(1) In relation to any work performed by an employee in the performance of his/her position, a case shall not be filed against him without complying with the procedure as per sub-section (2).
(2) According to sub-section (1), in order to prosecute an employee, the permission of the Attorney General in the case of a case in which the Government of Nepal is the plaintiff, and the permission of the authority in the case of other cases, and in the case of a civil case, the following should be done:-
(a) Written notice of the cause of action and the name and address of the plaintiff and his heirs, if any, has been submitted to the authority or the relevant staff or sent by registered post and a copy of the same has been submitted to the Government of Nepal.
(b) The case has been filed within eight months of the cause of action. However, this sub-section shall not be considered as a hindrance to suing such employee in accordance with prevailing laws and claiming compensation if any bodily harm is caused to someone as a result of negligence or malice of an employee.
(3) An employee may not be sued for any work done in the course of fulfilling the duties of his position during his tenure, even after termination of his tenure, without approval as per sub-section (2).
(4) If the Government of Nepal gives permission to prosecute the case according to sub-section (3), the Government of Nepal will defend him.