Back
2026 Supreme(Online)(Pat) 3047
PATNA HIGH COURT
Jitendra Kumar, J
Manoj Kumar @ Manoj – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.73323 of 2025
For the Appellants/Petitioners: Mr. Mayank Mohan
For the Respondents: Mr. Satyendra Prasad, APP
Procedural accountability in notice service is essential to uphold judicial efficiency.
Headnote:The Court addressed procedural improprieties regarding service of notice, seeking accountability from the process server for his failure to deliver the notice adequately, necessitating an enquiry. It emphasized the need for detailed reporting to reduce time wastage in court, reiterating obligations of responsible officers in the judicial process. Ultimately, directives were issued for re-filing requisites and listing the case for continued proceedings.
| Table of Content |
|---|
| 1. directive to re-file mandatory requisites. (Para 5) |
| 2. accountability of officers within judicial system. (Para 6 , 7) |
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
4 15-01-2026 As per report regarding service of ordinary notice, it has been reported by the process server that the Opposite Party No. 2 has received the notice, but she did not endorse her acknowledgment. However, as per the report of the Postman as endorsed on the returned registered cover, she could not be traced. It appears that the process server has not visited the place of the residence of Opposite Party No.2 and he has given report by sitting in his office.
2. Hence, learned Principal District and Sessions Judge, West Champaran at Bettiah, is directed to conduct an enquiry against the process server, Pramod Singh, and send the report regarding it before the next date of hearing.
3. The petitioner is directed to re-file the requisites of notice by both modes i.e. ordinary process as well as registered cover with AD for which requisites etc. must be filed within two weeks.
4. List this case on 26.02.2026.
5. Office is directed to send a copy of the report of the process server, which has been received from the District, to learned Principal District and Sessions Judge, West Champaran at Bettiah for information and further action.
6. Issue show cause to the Section Officer who has given the Office Notes. The Office Notes is totally useless because only statement made by the Section Officer is that undelivered registered cover has been received back but he has not given information regarding endorsement made on the registered cover. As such, time of the Court gets wasted by referring to the endorsement made on the registered cover. Without such detailed report regarding endorsement on the registered cover, there is no use of such report. The report is totally cryptic and useless. It amounts to dereliction of duty on the part of the S.O.
7. Hence, learned Joint Registrar (List) is directed to issue show cause to him as to why action should not be taken against him. After getting report and giving his own report, send the same to this Court for further proceeding.
(Jitendra Kumar, J)
