13. [ Summons to government servants. [Substituted by Notification No. 1255/VII-Nyaya-2-2018-91G-2018, dated 14.8.2018 (w.e.f. 3.11.1956).]
- When under Section 66(1) of the code a summon is to be served on a person in the active service of the State, the "head of the office" to whom the summons shall ordinarily be sent (in duplicate) shall in the case of a person in the civil employ or a soldier, sailor or airman in the Defence Department, be the local head of the office or local officer in command of the corps or department in which such person may be serving at the time, and in the case of a local "head of the office", be the authority to which he is immediately subordinate.A list of officers with their "head of offices" is given in Appendix E. In the case of officers not included in the list, summons shall be dealt with by the court in the light of the instructions contained in this rule after such enquiry, if any, as may be considered necessary.When a Gazetted Officer is required to attend a court beyond the limits of the district or area in which he is serving, the court issuing the summons, unless the case is one of extreme urgency, shall allow sufficient time for arrangements to be made for the performance of the duties of such person during his absence.With a view to avoid delay, the court may transmit the summons under this rule to the to the head of the office with a covering letter to be sent by registered post with acknowledgement due, speed post, e-mail, fax or other effective means of electronic communication. If the court decides to send the summons through e-mail, a scanned copy of the summons shall be attached with the e-mail.For summoning a police personnel, the court may, in special circumstance, utilise the police wireless grid subject to the following conditions, namely -(a)Rediogram can be used only in cases where information cannot be sent in time through postal service.(b)Radiogram should be written in telegraphic language.(c)Radiogram should be sent under the signature of the Presiding Officer of the court concerned.]
