Case Note & Summary
The Supreme Court of India dealt with an appeal filed by the Karnataka Public Service Commission against P.S. Ramakrishna. The case arose from an order passed by the Tribunal, which was challenged by the appellant before the Supreme Court. The background indicates that the respondent avoided service of notice, and the controversy was already covered by a prior decision of this Court. The material facts are that the notice sent to the respondent on September 28, 1993, came back with an endorsement 'Not present. Hence return to sender'. The Court inferred that the respondent was avoiding service and deemed service to have been effected. Leave was granted to the appellant. The legal issue involved whether service of notice could be deemed sufficient despite the returned endorsement and whether the controversy was covered by the precedent in Karnataka Public Service Commission & Ors. v. B.M. Vijaya Shanker & Ors., (1992) 2 SCC 206. The appellant relied on the said precedent. The respondent did not appear and was deemed to have been served. The Court's analysis was brief: it held that the respondent was avoiding service and notice must be deemed served. On the merits, the Court found the controversy directly covered by the earlier decision of this Court in Karnataka Public Service Commission & Ors. v. B.M. Vijaya Shanker & Ors. Following that decision, the Court allowed the appeal and set aside the order of the Tribunal without any order as to costs. The final decision was in favour of the appellant, Karnataka Public Service Commission.
Headnote
A) Service Law - Service of Notice - Deemed Service - No specific Act - Where notice sent to the respondent on September 28, 1993 came back with endorsement 'Not present. Hence return to sender', the Court held that the respondent was avoiding service and notice must be deemed to have been served; this permitted the appeal to proceed after leave was granted (Paras Not mentioned). B) Precedent - Binding Precedent - Application of Previous Decision - No specific Act - The Court found the controversy raised in the case covered by the decision of this Court in Karnataka Public Service Commission & Ors. v. B.M. Vijaya Shanker & Ors., (1992) 2 SCC 206, and following that decision, allowed the appeal and set aside the order of the Tribunal without costs (Paras Not mentioned).
Issue of Consideration
Whether service of notice on the respondent is deemed sufficient despite return with endorsement 'Not present. Hence return to sender'; Whether the controversy is covered by the precedent in Karnataka Public Service Commission & Ors. v. B.M. Vijaya Shanker & Ors.
Final Decision
Appeal allowed; order of the Tribunal set aside; no order as to costs
Law Points
- Deemed service of notice when respondent avoids service
- Binding precedent from Karnataka Public Service Commission v. B.M. Vijaya Shanker
- Appeal allowed following precedent
- Tribunal order set aside without costs
