Instruction regarding non delivery remarks while delivering court summons and notices by Department of Posts

No. Mail-31/2/2025-D-DOP- Part (1) 

Government of India Ministry of Communications 

Department of Posts Mail Operations Division

Dak Bhawan, Sansad Marg New Delhi-110001 Dated: 29.05.2025

To

All Heads of Circles

Subject: Instruction regarding non-delivery remarks while delivering Court Summons and Notices- reg.

In a recent judgement by Criminal Application Branch, Hon'ble High Court, Bombay in Criminal Application No. (ALP) 2187/2023, Siddharth Land Developers LLP vs. Rajkumar Fulchand Dharu & Ors., order dated 12th February 2025 (Copy enclosed), has highlighted serious concerns regarding the improper and sometimes arbitrary remarks made by postmen while returning undelivered court notices and summons. The court has taken a stern view, emphasizing that such lapses by the Department of Posts can result in delayed or failed delivery of crucial legal documents, thereby affecting the course of justice.

2. The Department of Posts is the official channel for serving court summons and notices. Various Courts have repeatedly emphasized the critical role of the postal department in ensuring proper service of legal documents.

3. In light of the court's directions and the issues identified, all Circles are requested to ensure compliance of the following instructions while delivering court notices and summons:

(i) Delivery staff must make all reasonable and sincere efforts to deliver court notices and summons to the addressee at the given address.

(ii) If the addressee is not available, delivery staff must make proper inquiries with neighbours, security personnel, or building management to ascertain the whereabouts and attempt delivery accordingly.

(iii) All remarks made on undelivered articles must be clear, factual, and legible. Each remark must include the date and be signed by the delivery staff., wherever possible a rubber stamp may be used to mark the impression of the remarks.

(iv) The endorsement "intimation served" should not be used for court notices and summons except in cases where, after making proper inquiries and at least three genuine delivery attempts on different dates, there is a clear prospect of delivery based on the information obtained after inquiries.

(v) In case of non-delivery, the delivery staff must record the specific reason for non- delivery, such as:

(a) "Addressee not found at the address on (b) "Addressee refused to accept the notice." (c) "Premises found locked during the visit on  (date) /_(time)"

4. Supervisory staff such as PRI(P) must randomly attempt delivery of such court notices/ summons to test check genuineness of the remarks given by the delivery personal.

5. All Circles are requested to circulate these instructions widely and ensure their immediate and effective implementation.

Encl. As above

(Dushyant Mudgal) DDG (MO)