Point of Law: Defendants cannot be held liable for consequences of consequences.

JUDGMENT :

Virender Singh, J.

By way of the present OSA, the unsuccessful plaintiff has assailed the judgment and decree, dated 8th August, 2012, passed by the learned Single Judge of this Court, in Civil Suit No. 64 of 2009, titled as Sudheer Kumar versus The Bharat Sanchar Nigam Limited and another.

2. For the sake of convenience, the parties to the lis are, hereinafter, referred to, in the same manner, as were referred to, by the learned Single Judge.

3. Brief facts, leading to the filing of the present appeal, before this Court, may be summed up, as under:

3.1. The plaintiff has filed a suit for damages, to the tune of Rs. 20 Lakh, against the defendants, on the ground, that in response to the advertisement, issued by the defendants, he appeared in JTO Examination, in the year 2005, which was held on 22nd January, 2006. He was assigned Roll No. JTO2005/20/30/10001. Thereafter, vide letter, dated 28th July, 2006, he was declared provisionally successful in the said exam and was directed by the defendants to submit the original certificates/documents, regarding his qualification.

3.2. Consequently, all the original requisite certificates were submitted by the plaintiff, vide letter, dated 4th August, 2006, to the defendants. Thereafter, those certificates were neither returned by the defendants nor any information was given to the plaintiff about his posting. Although, the plaintiff remained in touch with the defendant-Department, but, despite the repeated requests, his original testimonials were not returned. Thereafter, the plaintiff had made written request, dated 10th August, 2007, for the redressal of his grievances, but, despite the said written request, the defendants remained sleeping over the matter and the representation has not been replied.

3.3. It is the case of the plaintiff that he has been assured by the defendants that his joining will be permitted after few days and, he will be sent for training. The plaintiff has also served a legal notice on 11th September, 2007, which was duly received by the defendants, but, neither the said notice has been replied by the defendants nor the needful has been done.

3.4. It is the further case of the plaintiff that during the period, when his testimonials were with the defendants, he had also appeared in exams for the various posts in different departments and in some of the exams, he had succeeded, but, he could not join there, as he was not having his original certificates with him.

3.5. The plaintiff has elaborated his stand by stating that he was selected for the post of Lecturer in NIT, Hamirpur and also, in the Department of DRDO. Acting upon the belief that he has been selected with the defendant-Department, the plaintiff, according to him, could not participate in various other recruitment processes. Thereafter, the plaintiff again served a notice, dated 19th April, 2009, upon the defendants, claiming the compensation of 10 Lakh, alongwith interest at Rs. the rate of 18%.

4. On the basis of the above facts, the plaintiff has prayed for the relief, as claimed in the plaint.

5. When put on notice, the defendants have contested the suit by taking preliminary objections, that the suit has not been not filed, as per the law; the same has not properly been valued for the purpose of Court fee and jurisdiction; the suit is not maintainable in the present form; and the plaintiff has no enforceable cause of action. The plea of estoppel has also been taken against the plaintiff.

5.1. On merit, the factual position, qua the fact, that the plaintiff appeared in the Graduate Engineer Junior Telecom Office Examination, 2005, has been admitted by the defendants. It has also been admitted that the original certificates of the plaintiff were called for verification by the defendant-Department, vide letter, dated 28th July, 2006, as, his name was figured in the list of qualified candidates.

5.2. According to the defendants, the verification of the documents was to be done by the Circle, from wher