(1) No case may be instituted against any Employee in respect of any business performed by him or her considering it to be the carrying out of the duties of his or her post, without fulfilling the procedures as mentioned in sub-section (2).
(2) In order to institute a case against any Employee pursuant to sub-section (1), an approval of the Secretary General shall be required in respect of a criminal case; and the following matters have to be observed in respect of a civil case:
(a) Two months have elapsed after a written notice stating the reasons for instituting the case and the name and address of the plaintiff and of his or her attorney, if
any, has been delivered to the Secretary General or the concerned Employee or sent by post through a registered mail and a copy of such notice has been submitted to the Secretariat.
(b) The case has been filed within eight months from the date of cause of action.
(3) In respect of any act performed by any Employee in the course of discharging the duties of his or her post while he or she was incumbent, no case may be instituted against him or her without obtaining approval pursuant to sub-sections (2) and (3), even after the termination of his or her service.
(4) If approval is given to institute a case pursuant to sub- section (3), the Secretariat shall defend on his or her behalf.