How is summons served on a government servant
Question No.2. How is summons served on a government servant?
Answer – In section 66 of the Code of Criminal Procedure, 1973, procedure of summons on a government servant has been mentioned-
Section 66 – Served on Government servant –
(1) Where the person summoned is in the active service of the Government, that is to say, when the summons is issued in the name of a person who is in the active service of the Government,(in the service of the State Government or in the service of the Central Government).
If there is any person in the service of either Government, the Court issuing the summons shall ordinarily send such summons in duplicate to the head of that office under whom the person is working.
Such summon shall be issued to the principal officer of the office in which that Government servant is serving, the principal officer of the office of that Government servant, or such summons shall be sent to the principal officer of which such person is a servant,
There upon, on receipt of such copies, he shall cause the summons to be served in the manner provided in the principal section-62 and shall return a copy to the Court under his signature with the endorsement required by that section.
(Such service will be done only with signature and endorsement).
(2) Such signature shall be evidence of due (proper) service.
Case – P. T. V. Menon Vs. Govind Krishna, A.I.R 1959 Madras 165.It has been said in this case that in such cases merely giving information to the servant or bringing it to his notice is not sufficient.He is required to be given a copy of the summons.
Brij Ballabh vs. A.R. Mine A.I.R 1958 Rajasthan, 293.It was said in this suit that if the servant cannot remain present in the court due to any reason on the appointed date, then the next date can be obtained by giving information to this effect in the court.
If a retired Government servant is summoned to appear in court to give evidence :
If a Government Servant is retired, then if a summon is issued to him in any case, then the process of service of summons is done on him like a common person, the service of summons is done by him or his representative at the person’s home or office. Is performed
Section 61 of the Code of Criminal Procedure, a provision has been made on how to serve summons. Summons Service The summons can be served on the person giving the summons by pasting it at home, through email, through WhatsApp, Section 62 of the Code of Criminal Procedure, the summons is made by a police officer or such person who has been appointed by the State Government for such appointed to take action.