CESC LTD. versus CHIEF POST MASTER GENERAL & ORS.

CESC LTD. versus CHIEF POST MASTER GENERAL & ORS.

In the absence of any breach of the conditions of license and where the Postal Authority accepted and delivered articles without objection, demand for deficit postage from the sender is not authorized under Section 11 or 12 of the Act or under Clauses 11(10)(xv) and 34 of the Post Office Guide. The liability for deficit postage, once articles have been delivered, falls on the addressee and cannot be shifted to the sender unless statutory conditions are fulfilled.

Parties
Appellant: CESC LTD.; Respondent: Chief Post Master General & Ors.
Jurisdiction
India
Judgment Date
11 May 2012
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Calcutta High Court
Outcome
Appeals allowed
Legal Topics
Liability for Payment of Postage, Application of Post Office Guide, Recovery of Deficit Postage
Postal Law Administrative Law Liability for Payment of Postage Application of Post Office Guide Recovery of Deficit Postage

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Parties

CESC LTD.

Appellant

Chief Post Master General & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Calcutta High Court

Legal Issues

  1. 1 Whether Postal Authority has power under Indian Post Office Act, 1898 or Post Office Guide or other Rule/guidelines to demand alleged deficit postage from sender after accepting and delivering postal articles without objection

Ratio Decidendi

In the absence of any breach of the conditions of license and where the Postal Authority accepted and delivered articles without objection, demand for deficit postage from the sender is not authorized under Section 11 or 12 of the Act or under Clauses 11(10)(xv) and 34 of the Post Office Guide. The liability for deficit postage, once articles have been delivered, falls on the addressee and cannot be shifted to the sender unless statutory conditions are fulfilled.

Court Disposition

Appeals allowed

Orders

  • Demand notice for deficit postage set aside
  • Order of Division Bench of High Court set aside