West Bengal

Birbhum

MA/75/2024

Sk Ejarul Haque - Complainant(s)

Versus

Superintendent,Suri Head post office - Opp.Party(s)

19 Jul 2024

ORDER

Today is fixed for passing of order in respect of the petition of the complainant. Both the parties files hazira through their respective Ld. Advocates. Already heard Ld. Advocates for the both sides.

            One petition has been filed by the complainant dated 30/01/2024. The same has been registered as M.A. Case being No. 75/2024. Record is now taken up for passing of order.

Perused the petition. Considered. From the content of the petition it appears that the complainant

intends to state that “on scrutiny of the evidences of the complainant and the documents of the complainants and the O.P, it is detected that Asit Chakraborty the then APM, Suri HO, cashier of the cash counter of Suri HO on 16/07/2020 and the documents in connection with closing balance of the cash counter of Suri HO on 16/07/2020 are necessary to examine for the proper adjudication of the case.

            That Asit Chakraborty, the then APM was involved upon the entire entries on 16/07/2020 as well as 17/07/2020 and the cashier who disbursed the cash to the complainant on 16/07/2020 and in connection of that disbursement of cash related documents will unveil the real truth.

            Be it mentioned here that OP was put question whether they would examine Asit Chakraborty but they denied to examine him and as such real truth has not come before the Court.”

Thus the complainant prays before this Commission to pass an order call for Sri Asit

Chakraborty, the then APM, cashier who disbursed the cash to the complainant on 16/07/2020 and in connection of that disbursement of cash related documents and to give direction those persons be remain present with related documents and give their evidence.

            (Page 1 of 2)

 

 

 

 

 

Objection raised by the Ld. Advocate for the OP side. It is the submission of Ld. Advocate for the OP that Sri Asit Chakraborty, APM, Suri, HO had already retired from this department. So, this department have no connection with Sri Asit Chakraborty.

As per the settled practice, all the postal transactions after entering the data by the counter clerk

in the computer system are made through the ID of the respective clerk and the same data is verified by senior official of the Post Office.

            As per Sec.38(9) of C.P. Act, 2019 (9) For the purposes of this section, the District Commission shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:

(a) the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;

(b) requiring the discovery and production of any document or other material object as evidence;……….

Hence, it is directed to issue notice upon the Postmaster, Suri HO to call for Sri Asit Chakraborty who was in charge of the said verification at that material period of time.

Hence, we direct the Postmaster, Suri, HO to report the address of Sri Asit Chakraborty from his Service Book concerned through the letter head of the Post Office addressing this Commission within 1 month from the date of communication of this order.

Let, a copy of this order be served by the Registrar of this Commission to the Postmaster, Suri, HO, for compliance.

Thus the M.A. Case No. 75/2024 is disposed of.

Fix. 20/08/2024 for compliance and report by the Postmaster, Suri, HO, positively.

Copy of this order be supplied to the parties each at free of cost.