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IN THE HIGH COURT OF JUDICATURE AT PATNA
NAVIN SINHA, J
Krishna Nandan Sah S/o Sri Mahendra Sah - Petitioners
Versus
Union of India Through Chief Post Master General, Bihar & Ors - Respondents
CWJC No.15428 of 2011
Decided on : 16-12-2011
Postal Department - Application Transmission - The court considered the agency relationship between the postal department and the Commission in the context of application transmission, relying on previous judgments and the Post Office Act. The court held that the postal department acted as the agent of the Commission, but exemption of liability applied under Section-6 of the Post Office Act when the Principal was the State Government and not the Commission.
Fact of the Case:
The petitioner dispatched his application for a job post by speed post, but it reached the Commission after the specified deadline.
Finding of the Court:
The court dismissed the writ application, considering the agency relationship between the postal department and the Commission and the exemption of liability under the Post Office Act.
Issues: The main issue was whether the delay in the delivery of the application by the postal department should visit the petitioner with consequences.
Ratio Decidendi: The court relied on previous judgments and the Post Office Act to determine the agency relationship and the exemption of liability under Section-6 of the Post Office Act.
Final Decision: The writ application was dismissed.
1. Heard learned counsel for the petitioner and learned Additional Advocate General-1 appearing on behalf of the Bihar Staff Selection Commission (hereinafter referred to as the Commission).
2. The Commission published an advertisement inviting the applications for the post of Secretariat Assistants. The last date fixed for receipt of applications was 31.5.2011. The advertisement specified that the applications must be sent through registered post or speed post. The petitioner dispatched his application by speed post on 26.5.2011. It reached the Commission after 31.5.2011.
3. Learned counsel for the petitioner submits that if the respondents have prescribed the mode and the agency for transmission of the applications, no sooner that the petitioner complied the same by putting it in transmission by speed post through the postal department, the Department became the agent of the Commission and any delay by the Department in delivery to the commission cannot visit him with the consequences. He has to be permitted to appear in the ensuing examination on the 18th of December, 2011. Reliance has been placed on a Division Bench Judgement reported in 1998 (3) P.L.J.R. 901 (Md. Aarif Khan vs. B.P.S.C.
4. Learned counsel for the Commission opposing the application relies on another Division Bench Judgement reported in 2010 (2) P.L.J.R. 1008 (Manas Kumar Sinha vs. Bihar Public Service Commission) which also notices the former. In both the judgements the conclusion is that in such situations the postal department is the agent of the Commission. But the judgement in the case of Manas Kumar Singh (supra) holds that under Section-6 of the Post Office Act exemption of liability attaches since the Principal was the State Government and not the Commission. That aspect did not come up for consideration in Md. Aarif Khan (supra).
5. The Bench remains bound by the decision in the case of Manas Kumar (supra).
6. The writ application is dismissed.
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