Head Post Office vs Basanta Sahoo

1.THIS is an appeal by appellant No. 1 Postmaster, Head Post Office, Kendrapara and appellant No. 2 Senior Superintendent of Post Office, Cuttack being aggrieved by the order dated 30.11.1996 of the District Forum, Kendrapara in C.D. Case No. 244 of 1996 awarding a compensation of Rs. 4,000 to be paid by appellant No. 1 and Rs. 1,000 by appellant No. 2 along with cost of Rs. 200 to be paid by appellant No. 1 and Rs. 100 to be paid by appellant No. 2.

THE admitted facts of the case are as follows: The respondent Sri Basanta Sahoo was the complainant who had filed the C.D. Case No. 244 of 1996 against the appellants and two others. Appellant No. 1 was the opposite party No. 1 and appellant No. 2 was the opposite party No. 2, Principal, Ravenshaw College was opposite party No. 3 and Post Master, College Square Post Office, Cuttack was the opposite party No. 4. The respondent/complainant being selected by the Principal, Ravenshaw College to take admission into P.G. Department of Economics was asked vide Principals letter dated 25.9.1996 to send the original documents by registered post to the Principal so as to take admission on or before 2.10.1996. The respondent on 30.9.1996 sent his original documents from Kendrapada Head Post Office by registered post on payment of registration charges. On 4.10.1996 when the respondent enquired from the Ravenshaw College, he was told that his documents were not received by registered post. Thereafter, he received a letter dated 5.11.1996, Annexure 4 from the Principal opposite party No. 3 disallowing his admission due to late submission of documents. As the respondent lost his valuable academic year due to the negligence of opposite parties, he filed the above C.D. case claiming Rs. 1,00,000 from the opposite parties in short the opps and praying for a direction to the Principal, Ravenshaw College to admit him into the P.G. course. The appellant Nos. 1 and 2 in their written version denied their responsibilities for delay in delivering the registered packet to the Principal, Ravenshaw College. Appellants claim that the appellant No. 1 had despatched the registered letter on the same day i.e., on 30.9.1996 Annexure 1 of appeal memo. The appellant No. 2 disowns his responsibility in the deficiency of service of delivering the registered letter in time on the ground that he being a public servant having no way concerned in the matter of delayed delivery of the registered letter has unnecessarily been dragged into litigation. The appellant Nos. 1 and 2 in their appeal memorandum have quoted Section 6 of the Indian Postal Act claiming that they are protected under the provision of this section for any loss, missed delivery or delay of postal article in course of transmission. Thus, they claim for setting aside the orders of the C.D. Case.