D.K.Seth, J. - (1.) BY an order dated 26th March, 1987, the standing counsel was directed to file counter-affidavit within three weeks and the matter was directed to be listed for admission after the expiry of the aforesaid period. On the other hand, upon the application for interim order an order dated 26th March, 1987 was passed directing issue of notice and granting an interim order to the extent of petitioner's service in L. T. grade shall not be dispensed with and she shall be further paid the salary and other allowances till a regular candidate selected by the Commission is made available or her services are terminated in accordance with law, whichever is earlier. Admittedly no steps for service upon the respondent No. 2 has been taken. Neither the respondent No. 2 has been served nor it has entered appearance. The office had put up a note on 26th March, 1987 in the order sheet recording "3 weeks allowed to file counter affidavit. Stay dispensing with of service meantime." "The next order recorded in the order sheet is on 2nd May, 1996 recording that this is a bunch matter and be listed after 10.5.1996 since the cases of Mr. A. K. Yog, counsel for the petitioner were adjourned. BY the next order dated 7th August, 1996, three weeks time and no more was granted for filing counter-affidavit while rejoinder-affidavit was directed to be filed within one week thereafter and the matter was directed to be listed on 23rd September, 1996. It is how the matter was placed for admission before this Court on 23rd September, 1996. On the said date, the learned counsel for the petitioner, when it was brought to his notice that no service was effected on the respondent No. 2 and, therefore, why the writ petition should not be dismissed on account of non-service, contended that without the direction from the Court, the petitioner cannot effect service. When asked to elaborate his submission, he desired the matter to be taken up on the next date in order to enable him to prepare himself on the said question. Accordingly the matter was taken up for hearing on the question of service on 24th September, 1996. Accordingly the matter was so placed for hearing on the said question on 24th. September, 1996.
(2.) IN the course of the argument, Mr. R. C. Srivastava volunteered to assist the Court along with Mr. Yog. I have heard both of them on the question of notice. Allahabad High Court Rules in Chapter VIII, Rule 12 (Section E) provides for provision of service of notice either by post or by publication. It lays down the procedure as to how publication in the newspaper should be made. It also in Explanation II provides the consequences of non-return of service through registered post while in Explanation I consequences for non-filing of copy of newspaper has been provided in the manner contained in Rule 4, Chapter XIl. In Chapter IX, Rule 10, while dealing with Special Appeal, in clause (iv) provides that the memorandum of appeal shall accompany an affidavit of service. Similarly clauses (v) provides accompaniment of affidavit of service relating to service of application for interim order if the same is desired. Clause (vii) provides that the requisite for registered post service on unrepresented respondents ought to be filed along with the appeal. The mode of service has also been provided. Chapter XII deals with the service of notice and summoning of record. Rule 1 of the said Chapter speaks of the cases where an order has been made directing notice to issue and cases where records may not be summoned. Rule 2 deals with cases where the record is not requisitioned at once. Rule 3 provides that in no case notice shall be issued unless the process fee or cost of issue of notice has been paid and notice in duplicate in prescribed Form duly filled in have been supplied for service within 10 days from the date on which the order for the issue of notice is made or unless such fee or cost has been paid and such notices have been supplied under the next following Rule and the court has condoned the delay. Rule 4 deals with the effect of non-payment of process fee or cost or supply of notices within time to the effect that If the requisite process fee or cost of issuing notice is not paid or the requisite notices are not supplied within the time prescribed in Rule 3 the case shall be listed for dismissal and shall be dismissed as against the persons who have not been served on account of the default unless on the case being called an application signed by the party or his Advocate or brief holder together with the requisite process fee cost or notices, as the case may be, is presented to the Court or an application similarly signed discharging from the case the persons not served on account of the said default or withdrawing it as against them and the Court deems fit to grant it. The proviso to the said rule makes it clear that in cases where interim order of stay or injunction has been granted, if the applicant fails to take steps for service the office shall list the stay or injunction matter along with the default report before the Court immediately on expiry of 10 days. The second proviso empowers the Chief Justice to delegate his power to condone the delay in supplying the requisite etc to the Registrar/Additional Registrar/Joint Registrar and when no case has been made out for condoning the delay, the matter should be placed before the Court.
(3.) RULE 10 makes provisions of Order V of the Code of Civil Procedure applicable to the service of notice in all proceedings in this court except the exceptions provided in the provision thereto are satisfied. The above provisions are provisions applicable to appeal and revisions. Section 141 of the Code makes an exception about the applicability of the provisions of the Code in respect of proceedings under Article 226 of the Constitution of India. In Chapter XXII, Rules relating to writ proceedings have been incorporated. The procedure for service materially differs from the procedure contained in Chapters VIII, IX and XII. Rule 1 of Chapter XXII makes it clear that where an interim order is sought, a separate application, after furnishing copies together with all documents in support of the plea on the other side against whom the order is sought to be made. However, upon being satisfied about the urgency, the Court may dispense with the furnishing of copies and papers to the other party. It is further provided that where interim injunction is obtained without serving on the other party and without an opportunity of being heard, in case the other party makes an application for vacating interim order, the same is to be disposed of by the Court within two weeks of receipt of such application and if such application is not so disposed of on the expiry of the said period, the interim order shall stand vacated. Certain exceptions have been made in sub-rule (4) of Rule 1 with regard to service upon a Government or an officer or department of the Government and certain other parties mentioned therein. The service could be effected on the standing counsel and such service may satisfy the requirement of service on the Government authorities.;