Personal Service Of Contempt Notice Is An Essential Requirement Of Law; Service Through Office Not Sufficient: Allahabad High Court
Case: Syed Amjad Husain v. Navneet Sahgal & Anr.
Coram: Hon’ble Abdul Moin,J.
Case No: CONTEMPT No. – 670 of 2021
Court Observation: “Contempt Court notices are to be served on the alleged contemnor and not in his office or upon his orderly or any officer attached with the alleged contemnor,”
“in case the officer concerned effecting service feels any difficulty in service of the contempt notice upon the alleged contemnor personally then the said fact would clearly be indicated in the notice itself and be informed to the Court concerned upon which it would be open for the Court to take other suitable action against the alleged contemnor/addressee.”
“Non-sending of instructions in the contempt petition more particularly when notices have already been served upon the respondent nos. 1 and 2 through their office thus prima facie indicates the cavalier attitude on the part of the respondents.”
“Earlier too, upon finding that contempt notices were being affected on the orderly of the officer concerned or the official attached with the said officer to whom the notice had been issued, the Registrar General of this Court had directed all the learned District Judges subordinate to the High Court vide his order dated 21.03.2001 that care should be taken of following Rule 6 of the Rules. Despite almost more than two decades having lapsed since the issuance of the administrative order dated 21.03.2001 and the rules having been framed in this regard way back in the year 1977 yet the rules and the administrative orders are not being complied with and the notices for contempt are being served upon officer concerned through their office.”