Section 6 of the Indian Post Office Act, 1898 bars the claim of the complainant for compensation for late delivery of the application form sent by speed post.

Mr. Justice P. N. Nag, President - The brief relevant facts which give rise to the present complaint, are that the complainant who has distinguished academic record of passing diploma in Electrical Trade by securing 82.3% marks, applied for the post of Junior Engineer (Electrical) in response to the advertisement issued by the State Electricity Board of Punjab for recruitment of 200 posts of Junior Engineers and the last date of submission of the application form was 28.11.1997. The complainant sent the application form by registered speed post on 24.11.1997 through Post Master, Post Office, Hamirpur and in normal course, according to the complainant, it should have reached in the office of Punjab State Electricity Board, Patiala by 28.11.1997-the last date fixed for receipt of the application form. However, the complainants application form reached in the office of Punjab State Electricity Board at Patiala on 01.12.1997, which is apparent from the letter dated 28.04.1999. According to the complainant, since he had distinguished academic record, he had bright chances of being selected against the post of Junior Engineer having regard to 200 number of vacancies which were to be filled-up by the Punjab State Electricity Board. Since the application form reached late on 01.12.1997 after the last date of receipt of application form i.e. 28.12.1997, the case of the complainant could not be considered and he has been deprived virtually of his appointment to the post of Junior Engineer and as such he has claimed compensation of Rs.5,00,000/- alongwith costs of Rs.4,000/-

2. The respondent-Postal Authorities (hereinafter to be referred to as the Postal Authorities) have admitted that the complainant sent a letter through registered speed post on 24.11.1997 at Post Office, Hamirpur and the same was delivered in the office of Punjab State Electricity Board, Patiala on 01.12.1997. However, they have denied that the complainant has suffered damages of Rs.5,00,000/=. Further they have claimed immunity from any liability whatsoever under section 6 of the Indian Post . Office Act, 1898 for late delivery of the postal article.

3. Mr. Rajiv Jeevan, learned Counsel for the complainant vehemently submits that the application form sent by the complainant through speed post on 24.11.1997 has been delivered at a very belated stage i.e. 01.12.1997 after a period of 9 days and in normal course, it should have been delivered within a day or two.

4. No period has been prescribed for delivery of the letter sent under speed post, but in our opinion, the letter posted from Hamirpur by speed post on 24.11.1997 should have been delivered within a reasonable period and that the delivery of this letter in the office of the Punjab State Electricity Board at Patiala on 01.12.1997 after a period of 9 days certainly cannot be termed reasonable. The Postal Authorities undoubtedly, are responsible for late delivery of the application form sent by speed post by the complainant with the result that his application could not be considered having been received after the last date of receipt of such applications and he has been deprived the chance of his being considered for the post of Junior Engineer to which he has applied for.

5. The principal question that requires consideration however is whether Section 6 of the Indian Post Office Act, 1898 bars the claim of the complainant. Section 6 of the Act may be quoted as under : "Exemption from liability for loss, misdelivery, delay or damage-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 in so far 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."

6. We a