(1) Save as otherwise provided in sub-section (2), no suit 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—
- in the case of a suit against the Central Government, a Secretary to that Government;
- in the case of a suit against a State Government, the Secretary to that Government or the Collector of the district;
- in the case of a public officer, the officer himself.
(2) No suit instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in sub-section (1) if in such notice—
- the name, description and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice and such notice had been delivered or left at the office of the appropriate authority specified in sub-section (1), and
- the cause of action and the relief claimed by the plaintiff had been substantially indicated.