LAWS(NCD)-1994-12-88

BRANCH POST MASTER Vs. C MANIKAYAM

Decided On December 19, 1994
BRANCH POST MASTER Appellant
V/S
C MANIKAYAM Respondents

JUDGEMENT

(1.) The second opposite party in C. D. No.117/93 District Forum, Chittoor i. e. , Branch Post Master, Allamadugu Post Office is the appellant. The first respondent in this appeal is the complainant and the second respondent is the first opposite party i. e. The Superintendent, Department of Posts in the C. D.117/93.

(2.) The respondent No.1 herein filed a complaint stating that she was a student of Sri Venkateswara University and she applied for exemption of attendance to Registrar of Venkateswara University, Tirupathi. Alongwith the application to the Registrar, she sent all the required certificates and also the challan for Rs.256/-. At the time when she applied, she was staying at Chinnaramapuram village, Bhimavaram post, Chandragiri Mandal, Chittoor Distt. , and later she shifted temporarily to her parents house at Allamadugu post and village, Karvetinagar Mandal, Chittoor District. Since she did not receive any communication from the University, although the examinations are approaching she approached the authorities and on enquiry she learnt that exemption orders along with all original documents were sent to the complainant by Registered Post under RL. No.1381 dated 8.1.1993. Since the said registered letter was not delivered to her she made a complaint to the Superintendent of Post Offices i. e; first opposite party. Enquiries were made by the department which revealed that the registered letter (sent by the University) was re-directed from Bhimavaram Post Office to Allamadugu Post Office and the Branch Post Master of Allamadugu village i. e. , the second opposite party received the above, said letter on 12.1.1993. But the said letter was misplaced. When the complainant approached the Branch Post Master of Allamadugu, according to the allegations in the complaint, the second opposite party i. e. . Branch Post Master tried to obtain the complainant's signature as though the registered letter was delivered to her by threatening her and using undue influence. She brought the same immediately to the notice of the opposite party No.1 about the attitude of the second opposite party. It was alleged that the second opposite party was inimical to the family of the complainant due to the village politics and so he has misused his office knowingly and purposefully within intention of causing damage to the complainant. Alongwith the complaint, she filed an affidavit of one P. Doraswamy who is working as a postman in Allamadugu Post Office and also filed Exs. A-l to A-5.

(3.) The first opposite party in their version sent by post submitted that the complainant filed a complaint in their office on 7.6.1993 alleging non-delivery of the registered letter RL. No.1381 dated 8.1.1993 of Sri Venkateswara University and on enquiry it was revealed that the second opposite party lost the registered letter and departmental action was being taken against the second opposite party.