Mala fide actions and deficient services by a government department can lead to liability and dismissal of appeals.

Mr. Justice M.A.A. Khan, President—The grievance of the respondent in this case was that an envelope containing the greeting card where-upon he had although duly pasted a stamp worth Rs. 2/- but the appellant illegally charged an extra amount of Rs. 8/- from the addressee. The contention of the appellant was that the envelope, containing the greeting card was closed and that it weighed more than 20 gms. including the weight of the greeting card and the envelope. In this behalf reliance had been placed by the appellant on Clauses 126, 119 and 120 of the Post Office Guide Part I. After having perused the condition of the envelope as also the contents therein the Forum concluded that it was an open envelope containing the greeting card and that in no case its weight exceeded 20 gms. The Forum further held that there was no requirement of mentioning ‘Book-Post’ on the outer side of the envelope as per clauses referred to by the appellant. The Forum accordingly held that the officials of the appellant department had mala fidely charged Rs. 8/- from the addressee and thus rendered deficient services to the respondent. It accordingly directed the refund of Rs. 6/- and further directed to pay a compensation of Rs. 500/- and cost of litigation at Rs. 500/- to the respondent.

2. On a perusal of the greeting card we fully agree with the findings recorded by the Forum in that behalf. The envelope gives no indication that it has been sent closed by the respondent. Its weight also did not exceed 20 gms. The act of the officials of the appellant was certainly mala fidely done only to harass the addressee.

3. In view of the above, we find no force in this appeal and dismiss it accordingly. The department may, if it so like, realise the amount of compensation, cost of litigation and Rs. 6/- from the delinquent and erring official.

Appeal dismissed.

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