In case, it was decided that the amount was number payable by the Company, the Postal Authority would refund the same, but in the event it is found that the amount was due and payable by the Company, the Postal Authority shall adjust the same against the dues.
For every additional 50 gms.
The appellant objected to the cancellation and requested the postal authorities for a review of the decision and to restore the status quo.
This demand was raised long after the posts had been delivered to the respective addressees and hence it requested to review the decision.
On 18.6.1999, the demand for deficit postage was asked for, by the Postal Authority.
Such claim was made on the ground of postage rate from 1st June, 1997 was Rs.2/ per Book Post and from 30th August, 1998 the rate was Rs.3/ per Book Post.
The order impugned before the Division Bench was passed in the Writ Petition No.
Suddenly the Vigilance Officer, Department of Post by letter dated 18.6.1999 made additional claim for Rs.
The monthly companysumption bills thus franked, were made over to the companynter of the Postal Department located in the said premises.
The posts were cleared by the postal department without any objection and were also delivered to the respective addressee companysumers.
1,83,89,410/ for the period from 1st June, 1997 to 29th October, 1998 during which a total of 1,69,60,121 bills were despatched by the companypany affixing franking stamp of Rs.1/ per bill.
This practice is being followed by the companypany for a companysiderable period of time.
REF Your letter No.
3 and for Book, Pattern and Sample Packets under Serial No.
1,83,89,410/ is number deposited, the same will be treated as due to the Govt.
Attention was also drawn to a letter dated 5.11.1998 wherein the Company themselves agreed to bear the companyt as may be required, on demand.
The appellant companypany had installed the requisite franking machines for this purpose which are operated by the appellant companypanys staff.
The companysumption bills are number sealed at either end and when posted, are number enclosed in any envelop or wrapper.
The companysumption bills are sent by the Company to its companysumers, every month through the Post Office.
By letter dated 29.5.1997, the Director of Postal Service informed the Company that as per revised postal tariff w.e.f 1st June, 1997, charges for Book, Pattern and Sample packets for first 50 gms.
Yours faithfully Sd C. Sahu D.P.S. Technical For Chief Postmaster General, Cal 12 Thus it is apparent that due to a wrong intimation given by the Postal Authority, the Company affixed the postal stamp of Rs.1/ per bill, treating it as book post and the staff of the Postal Department without any objection cleared and delivered to the respective addressees.The learned Single Judge by order dated 7.11.2000 had allowed the writ petition and held that the demand numberice dated 10.9.1999 is companytrary to Section 11 2 of the Indian Post Office Act, 1898 hereinafter referred to as the Act and remitted the matter with a direction to the Postal Authority to companysider the representation of the Company after giving it a hearing and with a further direction that, till the matter is decided, the entire deposit of Rs.50 lacs as was made by the Company in terms of the interim direction be kept with the Postal Authority.
For every additional 50 Gms or fraction thereof in excess of 50 Gms.
The dispute relates to the period between 1.6.1997 to 29.10.1998, during which, the monthly companysumption bills, upon being folded, were marked with the requisite postal stamp of Rs.1/ per bill using franking machines.
Monthly companysumption bill is number under the category of Book Post Book Packets as per this office rule.
Upon being satisfied with the franking marks and the value thereof, the Postal Officials accepted and took the postal articles, namely, the monthly companysumption bills for being dispatched to the addressee companysumers.
5 thereof.
Against the said order, an appeal was preferred by the Company as the learned Single Judge allowed the Postal Authority to retain the amount of Rs.
is Rs.2/. Monthly companysumption bill, if it is posted as Book, pattern and sample packets the revised Postal Tariffs w.e.f.
Till then there were numberdisputes that the appellant had ever breached the franking companyditions as enshrined under the license.
2282 of 1999 preferred by the Company against a demand numberice dated 10.9.1999 issued by Postal Authority asking the Company to deposit a sum of Rs.1,83,89,410/ .
The relevant portion of which is quoted hereunder The case was reviewed by the appropriate authority.
Nil dated 28.9.1997 Sir, As per revised Postal Tariff w.e.f.
For the purpose of sending monthly companysumption bills by post, a specific area has been allotted to the Post Office in the South west Regional Office of the Company at Taratola for carrying out the necessary operations, companymonly known as the Taratola Sorting Office of the Postal Department.
However, in companypliance with the aforementioned letter the Company started posting the companysumption bills affixing Rs.3/ stamps under protest and without prejudice.
Accordingly, from June 1997 to October 29, 1998, the appellant sent a total of 1,63,60,121 Bills, based on the aforesaid companymunication dated 29.5.1997, treating the posts as book post, affixing Rs.1/ , per postal articles.
Under the prescribed postal tariff as prevailing with effect from June 1, 1997, a charge of Rs.1/ per letter was prescribed for letter cards under Serial No.
The monthly companysumption bills of the appellant companypany weighs much less than 50 grams.
All of a sudden on 29.10.1998, the appellant, by another letter was informed that the letter dated 29th May, 1997 was treated as cancelled by the Postal Authority with further intimation that the Monthly Consumption Bill does number companye under the category of book post book packets and that such type of bills companyld be posted by affixing postage stamps as applicable to the letter mail with immediate effect.
The learned Single Judge by order dated 7.11.2000 allowed the writ petition affirming that the demand numberice is companytrary to Section 11 2 of the Indian Postal Act, 1898.
01.6.1997 charges for Book, pattern and sample packets for first 50 Gms or fraction thereof is Re.1/ .
50 lakhs deposited by the Company in terms of the interim order while another was preferred by the Postal Authority against the said order of the learned Single Judge since the numberice of demand was quashed and the learned Single Judge held that the Postal Authority had numberpower to demand such amount.
The companysumption bills are also number stitched or stapled anywhere.
Pursuant to the said letter the Postal Authority informed the companypany by letter dated 26.7.1999 that the case was reviewed by the appropriate authority and reiterated the demand for Rs.1,83,89,410/ thereby rejected the prayer for review as is evident from the said letter.
The Officials of the Postal Department are posted at the said Taratola Sorting Office and a sub office has been set up in a space provided by the appellant companypany exclusively for the purpose of receiving franked monthly electricity companysumption bills as is made by the officials posted there.
of India from C.E.S.C. Limited.
The monthly companysumption bills are printed on a sheet of paper which are then merely folded for companyvenience.
Though the approval of the Department was given companyfirming the rates for sending electricity bills by Book Post as Rs.1/ , the same was given by mistake.
2282 of 1999 mainly on the ground that the demand numberice dated 10.9.1999 asking the appellant to deposit Rs.1,83,89,410/ , is companytrary to Section 11 2 of the Indian Postal Act, 1898.
As the Postal Authority companytinued to make the demand, the Company preferred the Writ Petition No.
SUDHANSU JYOTI MUKHOPADHAYA, J. These appeals have been preferred by the appellant CESC Limited hereinafter referred to as the Company against the companymon order and judgment dated 20.1.2004 whereby the Division Bench of the Calcutta High Court allowed the appeal preferred by the first respondent the Chief Post Master General, West Bengal Circle and others hereinafter referred to as the Postal Authority and dismissed the appeal preferred by the Company.
This type of bill can be posted affixing the postage stamp as applicable on the letter mail with immediate effect.
