Decided on March 23,2009

Post Master, Rajinder Nagar Post Office Appellant
Ashok Kriplani Respondents


J.D.KAPOOR,PRESIDENT (ORAL) - (1.)FOR having not delivered the registered letter and opened it and then returning in torn condition, the appellant has been vide impugned order dated 12.9.2007 held guilty for deficiency in service and directed to pay Rs. 2,000 as compensation and Rs. 1,000 as cost of litigation. Feeling aggrieved the appellant has preferred this appeal.
(2.)THE allegations of the respondent leading to the impugned order in brief were that he sent a letter by courier M/s. Super Speed, Kota at No. 3730 dated 24.7.2003 to a addressee of Kota but that was torn open on the back (rear) side by the same and after reading the contents was returned back to the courier. On hard pressing the courier, the delivery boy has given his comments so on the ill -fated envelope itself. On 12.12.2004, the respondent again on behalf of his wife sent two registered letters at Nos. 3572 and 3673 from Karol Bagh Post Office, New Delhi to the addressee of Kota but both were received back torn open on the back (rear) side with the comments that the addressee were not available. As one of the addressee Mr .Gordanlal Jethwani works outside Kota Station, it is presumed that his authorized legal heirs may have done the stated act. These two letters were containing notice of motion pertatining to High Court of Rajasthan and were so marked on the top of letters. This they could not do without the blessing of wife of the addressee.
(3.)THE comments of the fact of torn open letters were written by the respondent on the acknowledgement slip of the Shankar Road Post Office, New Delhi. Inquiry letters have been submitted to this effect with the Post Master, New Delhi and another with the Chief Post Master General, New Delhi. The respondent termed the tearing of the letter without delivery to addressee as a grave deficiency in service on the part of the appellant.
In reply the appellant averred that respondent booked a registered letter Nos. 3672 and 3673 from Karol Bagh Post Office, New Delhi on dated 12.12.2004. The RLs were addressed to Sh. Gordhan Lal Jethwani and Dr. Jethanand Jethwani respectively. Both the registered letters were received back at Rajinder Nagar Post Office for delivery to sender with remarks "Prapt karta delivery time per nahi mila, saat roj se lagatar ateh vapis". The registered letters were only mildly torned from one corner. But when the postman objected and asked him to take open delivery, the respondent intimated (after checking the contents) that it is not necessary as the contents were intact. Appellant also pleaded that complaint is barred by Sections 6 and 48 of Indian Post Office Act and denied any deficiency in service and prayed for dismissal of the complaint. It filed affidavit of Sh. Amar Nath Batra, Senior Supdt. of Police

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