SALIL CHANDRA MITRA Vs. POST MASTER GENERAL

JUDGEMENT

(1.) Heard learned Counsel for the parties. By order dated 23/24.9.1998 the Forum dismissed the case as being not maintainable because of the fact that there was no valid power of attorney in favour of the present claimants the Forum noticed that the power of attorney said to have been executed by Salil Ch. Mitra is required to be authenticated by U. S. A. Consulate in India. The Forum observed that the power of attorney being defective in nature the claim cannot be entertained. So the Forum dismissed the claim. The learned Counsel appearing for the appellant has drawn our attention to Clause 10 of Post Office Rules and contends that the authentication of the power of attorney is required to be made by Indian Consular Office at U. S. A. He has produced original power of attorney executed by Salil Ch. Mitra in favour of Ajit Ch. Mitra and Amal Ch. Mitra. It appears that the same power of attorney has been authenticated by Consular Agent, Consulate General of India, Houston, USA. We have perused the said power of attorney and it appears to be in order. Therefore, we cannot uphold the decision of the Forum. The impugned judgment is accordingly set aside and the present complaint petition be allowed with a direction to the complainant to produce this power of attorney to the Burrabazar Post Office and on such production of this document and on observance of other usual formalities the said Post Office would release payment to the holder of this power of attorney. With this observation the appeal be disposed of.