Speed post: will it amounts to forgery?
Querist :
Anonymous
(Querist) 22 December 2011
This query is : Resolved
A counter in-charge for speed post of a post office has purposely entered absolutely false address of addressee in computer while booking the speed post when the sender gave him a short note containing the short but sufficient address of the addressee and the sender for the entry in computer so that the receipt of the speed post can be used as valid “postal proof of mailing”. The said official also callously argued with the sender and said that “I will enter the information as per my convenience”. He further said that “This address on receipt has no meaning, the only speed post number is important”. The said SPEED POST and the receipt of SPEED POST, as a valid postal proof of mailing, are extremely important for the sender for legal purpose.
As you all know that for first appeal under RTI Act, 2005 the postal proof of mailing is essential required for submission.
My queries:-
1. What action can be taken against this official?
2. Will it amount to forgery against the official?
Devajyoti Barman
(Expert) 22 December 2011
What is the reason to conclude that the postal official had done that 'purposefully'?
At the most he may be guilty of neglecting his job but not for committing a forgery.
You may lodge complaint to his higher authority for taking actions in dereliction of duty but not for forgery.
Querist :
Anonymous
(Querist) 22 December 2011
Yes! There are some reasons, which are difficult to share here, because of which he did it purposefully.
Sudhir Kumar, Advocate 
(Expert) 22 December 2011
I will disagree partially with Mr Burman. The complainant appears to have some valid raasons to suspect his allegation. It is not clear whether the postal clerk did so with intent to ensure misdelivery. If that is so he had attempted to cause the article to be delivered to other than addressee. He can be criminally liable under IPC(forgary) as well as under Post Office Act. Mr Burman is right you may lodge complaint to Supdt of Post Offices with copy to Chief Vigilnace Officer, Dptt of Posts, Dak Bhavan, New delhi-110001. can write to me seperately if not intendingto share full facts on net. sudhir279kumar@yahoo.co.in
Raj Kumar Makkad
(Expert) 22 December 2011
If you are unable to share here then why have you posted your query? Just for wasting of time of experts as well as of you or some thing otherwise?
Devajyoti Barman
(Expert) 23 December 2011
Yes without showing the reason of his purpose you would get only the half baked advices,
Guest
(Expert) 23 December 2011
I find some foul play on the part of the author of this question when he states, "when the sender gave him a short note containing the short but sufficient address of the addressee and the sender for the entry in computer."
The question arises, why the counter clerk should enter the address from the short note of address given by the sender instead of the address noted on the speed post article itself?
His further statement, "so that the receipt of the speed post can be used as valid postal proof of mailing" confirms his intention that by giving separate short note of address he wanted some other address to be shown on the receipt rather than the actual address on the speed post article just to hoodwink the court of law by showing falsely as the valid proof of mailing. The counter clerk seemed to have declined to act according to his sweet will in preference to discharging his duty according to the departmental rules. Now, since the postal clerk did not act according to his desire, he intends to book him on the plea of forgery.
If he is really concerned with the proof of mailing, rather delivery of the article at the correct address, if he shoewd the correct address on the article, he can well get the proof of delivery on making an application to the concerned Post Office. Any enquiry about correct delivery (not mailing) is possible only from the booking number noted on the Speed Post article.
Accordingly, the replies to his queries are as follows:
1) No action can be taken against the booking official, as the article was destined to the correct postal address given on the article by the sender. The booking official is not liable to deliver the article. The receipt is the proof of booking the article.
2) The official cannot be booked on account of forgery, unless it is proved beyond doubt that the official intentionnally changed the address on the article, itself, with the intention to get the article delivered on some other address than that written on the article by the sender.
Querist :
Anonymous
(Querist) 23 December 2011
To Shri Dhingra -
1. As you know better that the space for address in the computer for speed post booking is limited.
2. So the counter in-charge has to pick and choose the words from the address mentioned on article being post or/and to use short form of the address.
3. Counter in-charge sometimes in hurry makes fast judgments.
4. During this type of judgmental acts sometimes it results into an address mentioned on the slip which nowhere reflects any connects with the actual address mentioned on the article sent. And as a matter of fact it can’t be used as a ‘valid postal proof of mailing’ to the addressee particularly in legal proceedings.
5. The other speculations are obviously and absolutely erroneous and absurd.
Guest
(Expert) 23 December 2011
Name and destination of the speed post article on the receipt should not be different. If any of such contents were incorrect, you could well have reported the matter to the supervisor in the Post Office, or could compain to the Superintendent/ Senior Superintendent of Post Offices under whose jurisdiction the P.O. was situated. He was well within the right to take any disciplinary action against the official at fault.
If you still feel there exists any fault in service, you can take up the case with the Consumer Forum. But, rest assured, the official is not bound to take your instructions what to enter or what not to enter in the computer on booking of an article.
Deepak Nair
(Expert) 23 December 2011
I completely agree with the opinion of Dhingra Sir.
Further, the act of the postal staff does not come under forgery.
I agree with Mr. makkad too, as, if you cant share the entire reason, you shall not put a query to the experts and you shall never expect an answer.
Even in such a situation, some experts have given you their comments. Hope you are satisfied with theese comments.
Sailesh Kumar Shah
(Expert) 23 December 2011
I could not digest the story.
During Speed post, in the same time, computer generate two slips. one for stick to letter and second one to sender.
How can manipulation?
Shonee Kapoor
(Expert) 23 December 2011
If you were not satisfied with the said clerk, you could have gone to other counter/ his superior.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 23 December 2011
Reasons which was not disclosed earlier –
1. As you all know that the RTI application is not appreciated by the govt. offices by hands therefore the postal service is only mode remaining to get things done.
2. As further you all know that - for first appeal under RTI Act, 2005, which I categorically mentioned already, that the “valid postal proof of mailing” is essential.
3. The speed post counter “which is the only counter” in an area of inhabitant nearly 20,000 people.
4. Further why this official entered the false address I the computer is that – “He is under influence of the person against whom the sender used to file RTI application seeking information”.
5. Rest can be understood easily!
Anyway thank for good suggestions.
prabhakar singh
(Expert) 23 December 2011
Your concerns are clear but it would not be called forgery.Right then and there option was to complain the postmaster showing his nexus and motive behind the objectionable activity.
V R SHROFF
(Expert) 23 December 2011
I agree with P S Dhingra
Speed Post is Delivered to anyone at that place. No Intimation. It is valid Proof of Postage.
Persons involved in Posting, sender as well as Postal Staff, have motive behind doing so.
There are lots of person take advantage of Limited Space, and manages to prove Posted at correct address, and in fact, the Address on Envelop, and that on Receipt of Regd A.D. are illusory.
I will elaborate to understand this TRICK.
An Envelop is posted as Follows
1] Mr. XYZ
Flat No. aaaa
cccc Apartments
ddd Road,
Santacruz (West) Mumbai- 400 054
2] The Postal A.D receipt will be issued as under :
Mr. XYZ
Santacruz (West) Mumbai- 400 054
3] The Sender never wanted to send to XYZ
so He write on Envelop
Mr. XYZ
Flat No. aaaa
qqqqq Apartments
wwwwww Road,
Santacruz (Wst) Mumbai- 400 054
The sender can manage to receive the Envelop at qqqqq Apartment
wwwww road, as it is his friend's residence.
with Signature that tally with the dishonoured cheque.
A Complainant can prove with this Regd A.D. & Acknowledgement A.D. duly signed by Cheque Drawer, that the Notice was duly served, and received by accused.
Accused never know this.
Could you understand this trick??
I know few Advocate, having Stamps of U.P.C., change date, and put stamp. and successfully proving, they posted this notice before Two years!!Investment in k . rewards in cr.
Lot of illegal tricks and forgery, committed, for so called WINING the court case, to produce Documentation.
Onr can publish a 1000 Page Book of these Forgery, by Postal Dept, Talati. Municipal. Court Clerks as I pointed out the Lacunas in Court Proceedings,
Majority of death certificates are given with spelling mistakes of the deceased name in Mumbai. They know, all those will come back for correction, and the correction procedure start with hospital to BMC clerk, and all collect a lot, as dead person's Property, LIC, PF, NSC, Shares, and everything of Lakhs, sometime Crores are held up for diff in Name. During Death Emergency, the relatives do not check spellings !! It is a business.
All who are involved had a motive, and clear intention, and they know what they are doing, and what they are getting.
Adv Shroff
23-12-2011
Querist :
Anonymous
(Querist) 25 December 2011
Is it a fit criminal case u/s 167 of IPC?
Guest
(Expert) 25 December 2011
You may try for your personal satisfaction provided you are able to prove intent to cause injury on the part of the postal clerk.
