Hon’ble Sudhir Agarwal, J.—Heard Sri K.N.Mishra, learned counsel for the petitioner and perused the record.

2. The writ petition is directed against order dated 30th August, 2011 passed by Permanent Lok Adalat, Aligarh holding petitioner liable for payment of damages to the tune of Rs. 5,000/- besides expenses to respondent No. 1.

3. The facts in brief given rise to the present dispute are as under:

4. The respondent No. 1 booked a telegram on 17th June, 2011 at Lucknow to transmit a massage to Senior Treasury Officer, Aligarh for extension of his earned leave from 18th June, 2011 to 28th June, 2011. The said telegram was not delivered till 14th July, 2011 as a result whereof respondent No. 1 suffered deduction of salary for the period of absence and therefore he claimed damages/compensation.

5. The defence taken by petitioner is that telegram which was received at Aligarh, was illegible and therefore was returned to Lucknow. The Central Telegraph office was also informed of the situation. Thereafter on 9th July, 2011 the matter was examined and technical fault in the system was rectified whereafter telegram was obtained in legible condition and handed over to one Sri Jabar