SENIOR SUPERINTENDENT DEPTT. OF POST Vs. BUNDU

JUDGEMENT

(1.) By the present writ petition, the petitioner is challenging the award/order dated 30.09.2014, passed by the Permanent Lok Adalat, Moradabad awarding compensation to the extent of Rs. 4,500/- each to the applicants in Application No. 153 of 2013 on account of loss of the articles sent by speed-post by the complainants which contained their passports and demand drafts.

(2.) Counsel for the petitioner contends that as per Section 6 of the Indian Post Office Act, 1898 (hereinafter referred to as the Act, 1898), the Postal Department enjoys immunity with regard to any liability arising out of any loss, mis-delivery, delay or damage of any postal article in the course of its transmission. She further adds that the Permanent Lok Adalat can not entertain an application for award against the Postal Department in light of the immunity of the Postal Department as provided under Section 6 of the Act, 1898. Counsel for petitioner has also relied upon judgments of this Court in the cases of (i) unreported judgment dated 05.04.2011 in Writ-A No.- 17240 of 2011; Dr. Shri Dev Mishra vs. State of U.P. And Others, (ii) unreported judgment dated 09.02.2019 in Writ- A No.- 387 of 2015; Ram Dhari Yadav and 7 Ors vs. State of U.P. And Anr, and (iii) A reported judgment dated 13.08.2010 by a full bench of this Court in the case of Neena Chaturvedi vs. Public Service Commission reported in (2011) 1 AllLJ 382.

(3.) Heard Counsel for the petitioner and perused the record with her assistance.