V. M. SAHAI, J. The short question that arises for consideration in these petitions, is where the tender document as per the tender notice is required to be sent by Registered Acknowledgment Due Post in such a case, whether the post office is an agent of the petitioner or the respondents?

2. The facts of the case are that Surat Municipal Corporation (for short, 'the Corporation') issued Tender Notice No. DC (P&D)/TPD/06/2011-2012. Last date of submission of on-line tender was 27-6-2011 and hard copy of the tender was to be submitted by 30-6-2011 by Registered Acknowledgment Due Post/Speed Post. The tender was required to be sent by both modes. On the last date of the tender, the petitioner submitted e-tender within the time. But, hard copy of the tender along with document was sent by the petitioner to the Corporation by Registered Acknowledgment Due Post on 27-6-2011, which was received in the office of the respondent on 2-7-2011. The tender of the petitioner had been rejected as time-barred.

3. We have heard learned Counsel Mr. S. P. Majmudar for the petitioner. The learned Counsel for the petitioner has urged that he has submitted the hard copy of the tender along with the document in the post office on 27-6-2011 to be sent by Registered. A.D. Post and it would be deemed that the tender document has been submitted to the respondent Corporation on 27-6-2011. As in the tender notice, it was mentioned that the tender could be submitted by a Registered Acknowledgment Due Post/ Speed Post, and last date was 30-6-2011 therefore, the post office was the agent of the respondent-Corporation and since the hard copy of the tender was submitted to the agent of the respondent-Corporation on 27-6-2011, it has to be treated within time.

4. The respondents have rejected the tender sent by the petitioner through Registered Post as time-barred as it was received by the respondents after 30-6- 2011, the last date, on 2-7-2011. The relationship between the sender of the registered post and the post office is governed by the Post Office Act, 1898 (for short, 'the Act') and not by the law of Contract or Tort. If the tender was sent by the petitioner by registered post on 27-6-2011 and it was delivered to the addressee, the Corporation, on 2-7-2011, after the last date 30-6-2011, whether for the delay in delivering the registered tender, which was sent by registered post, is on the part of post office, or the petitioner should have sent the tender document by registered post within the reasonable period so as to reach the addressee within time. It is necessary to extract Sec. 6 of the Act which reads as under :

"6. Exemption from liability for loss. misdelivery, delay or damages :The Government shall not incur any liability by reason of the loss, misdelivery or delay of, or damage to, any postal article in course of transmission by post, except insofar as such liability may in express terms be undertaken by the Central Government as hereinafter provided; and no officer of the post office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his wilful act or default." From Sec. 6 of the Act, it is clear that the post office, which is run by the Government, shall not be liable for any delay caused in delivery of postal article sent by the petitioner either by ordinary or registered post. There is no contract between the respondent-Corporation and the post office neither there is any contract between the petitioner and the post office. The post office is not the agent of the petitioner or the respondent-Corporation. Any delay on the part of the postal authority in delivering the tender document sent by registered post to the Corporation has to be considered as delay caused on the part of the petitioner himself.

5. In the instant case, the registered post was delivered in the office of the respondent -Corporation after the last date expired and due to the delay, the