(1) In relation to any government work performed by a civil servant in accordance with the duties of his position, no case can be filed against him without the procedure as per sub-section (2).
(2) In order to prosecute a civil servant according to sub-section (1), in the case of a criminal case, the permission of the authority should be obtained and in the case of a civil case, it should be as follows:-
(a) The 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 concerned civil servant or has been sent by registered mail and a copy has been submitted to the Government of Nepal.
(b) The case has been filed within eight months of the cause of action.
(3) A civil servant cannot be prosecuted without the approval of the Government of Nepal even after termination of his tenure in relation to the work done in the course of fulfilling the duties of his position.
(4) If the Government of Nepal approves to prosecute the case according to sub-section (3), the Government of Nepal will protect him.