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1971 DIGILAW 333 (KAR)

KRISHNA JETTY v. STATE OF MYSORE

1971-11-08

MALIMATH, NARAYANA PAI

body1971
NARAYANA PAI, CJ. ( 1 ) THIS matter is posted for orders as to the correct calculation of process fee and postal charges to be paid in cases where service is sought to be effected on a Government servant through the head of his department. ( 2 ) ORDINARILY, service has to be made directly on the Government servant impleaded as the respondent either through personal service like summons in a suit or through pre-paid registered post. ( 3 ) WHERE large number of Government servants are impleaded as respondents and difficulty is felt by the petitioner in tracing their correct addresses (because Government servants are liable for transfer), provision is made under Rule 5a of Chapter XIII of the Mysore High Court Rules for effecting service on Government servants through the head of the department. The said rule reads:"5a. When the service is to be effected on a Government servant, the Court may, on an application made for the purpose, direct that the notice shall be sent to such Government servant through the Head of the Department concerned (to whom such notice may be forwarded by registered post) for sendee. The party seeking such service shall furnish, along with his application, postal covers containing the correct name and designation of the Government servant and of the Head of the Department concerned on whom service is to be effected, ard also the postage stamp sufficientg to cover registration charges. "if there is no interposition of the head of the department and service is sought to be effected through registered post, what is payable is process fee as prescribed under the Rules made by this Court under the Court fees Act which in the case of an ordinary notice is Rs. 1-50 and in the case of emergent service is Rs. 2. Provision is also made in Rule 5 of Chapter V i of the High Court Rules that where service is sought to be effected by registered post, the party in addition to paying the process fee should also produce as many envelopes and postal acknowledgment forms as there are respondents to be served, and that the names and addresses of the respondents to be served should be written on the envelopes and acknowledgement forms. ( 4 ) THE result of these rules is that the process fee of Rs. 1-50 or Rs. ( 4 ) THE result of these rules is that the process fee of Rs. 1-50 or Rs. 2 as the case may be , paid for service, covers the expenses of postage incurred when the notice is sent by registered post. ( 5 ) WHERE, however, the service is sought to be effected through the head of the department, the head of the department not being a party to the proceedings, there is no question of collecting process fee or trying to serve on him with the notice of the proceeding. His assistance is sought as is done undr the Code of Civil Procedure for service of notice. If the government servant sought to be served is in the same office as the head of the department he is expected to himself cause service and return the duplicate to the Court endorsing the completion of the service. If the Government servant sought to be served is not working in the same office, but elsewhere, it is his duty to find out where the Government servant Sought to be served is serving at the time and send the notice by registered post to him. ( 6 ) WHETHER the service by the head of the department on the Government servant is personal or by registered post, the appellant or the petitioner, as the case may be, who seeks such service to be made is to pay appropriate amount of process fee together with addressed covers and acknowledgments. ( 7 ) THE postal charges which Rule 5a requires the payment of are the charges incurred in sending the notice or notices, as the case may be, to the head of the department and will depend upon the weight of the bundle sought to be sent. --- *** --- .