Personal letter can can open by unauthorised person

This query is : Resolved 
 

(Querist)
03 November 2018

I am combatant member of Indian Air Force. Reply (Registered letter) of my wife’s letter from Air Force Wife welfare association (Regional) Subroto Park has received by my office’s address. Addressee of Registered letter is my wife.It is her personal letter. My in charge has opened the letter and mail-in like other official letter and publicized the matter. After remarks of my Section Commander the letter has given to me to give to my wife..
Is it legal or illegal? Can I challenge this against my in charge in court? Please guide me about what course of action can be taken against him.


Isaac Gabriel (Expert)
03 November 2018

There remains an in-built mechanism to examie such mischiefs/violations in the Air force. You can report it first and if not satisfied think of other procedures.

Dhingra: 1962dcg@gmail.com (Expert)
Click to Talk
03 November 2018

First of all, description of your query is not clear. If the letter was addressed specifically in your wife's name, why that was sent at your office address and not at the home address of your wife? Personal letters of wives can never be expected to be addressed at the husband's office.

Further what was personal in the letter that you did not want your office to go through?

Santosh Kumar (Querist)
03 November 2018

Sir! Address mentioned on envelop and letter was in name of my wife. Sender was not aware of my residential address because newly posted to this place.

Dhingra: 1962dcg@gmail.com (Expert)
Click to Talk
03 November 2018

You arwe still miser on revealing the real facts. If something was personal to your wife, could not the Air Force Wife Welfare Association ask you to give your wife's address and what was so urgent that the association could not wait for getting your home address, whereas your home address was supposed to be available with your office. Personal letters solely meant for wives are never sent at the office of the husbands.

However, if you are so pertinent to take some legal action, you can feel free to file a case against your superiors. Court would decide whether anything was private meant only for your wife or not.

Kishor Mehta (Expert)
03 November 2018

According to the postal regulations, a registered letter, addressed to a person by his/her name, can neither be delivered to an unauthorised person, nor can it be opened by anybody other than the person to whom it is addressed by name.

Dhingra: 1962dcg@gmail.com (Expert)
Click to Talk
03 November 2018

@ Mr. Kishor Mehta,

Do you believe that the query could have even the slightest truth? Surely, it is a hypothetical query.

However, if you have referred some unspecific postal regulations, hope, you would also be aware of the fact that at first the letter should have been sent through postal department, then the postman should have taken care not to deliver the letter to office, if that address did not relate to the wife of the querist. The letter should have been returned back to the sender by the postman with the remarks, "no such person at the address".

Further, if any letter is sent to some office and delivered by the postman the authorised officer or official has full right to open the letter and mark the same with necessary remarks to the concerned official. Rather, it was necessary for the officer to check the nature of the contents of the letter for the security reasons.

You should also know that the Defence services have the right to sensor any or every letter pertaining to its officials or family members before delivery to the concerned person.

Question arises, what was the special need to send the letters meant for the wife of the querist to his office?

Santosh Kumar (Querist)
03 November 2018

Thanks for replying me in this regard.


Santosh Kumar (Querist)
03 November 2018

Thanks for replying me in this regard.


Dr J C Vashista (Expert)
04 November 2018

Dear Dhingra ji,
Censoring of letters posted by defence personnel is permissible while posted in field area, especially where war-like situation existed especially non-family station.
The authorities can not censor private mail of any soldier, sailor or airman but not (NEVER) to speak of a letter addressed to the WIFE of any personnel.
But not any letter addressed to any person (WIFE -in the instant hypothetical query) posted by IAFWWA (Indian Air Force Wives Welfare Association) as stated by author.
In the present case, the author has stated to have been posted in Delhi Cantt (Subroto Park) where there is no (NO) chance of opening of a letter .
Warm regards.

@ Kishor Mehta ji,
I agree with you the registered letter should be delivered to addressee only (theoretically/ as per postal regulation). Whereas, practically the postman do neither identify, wait nor search for the addressee and deliver such letter to any adult person available at the address.
Generally, postman do not approach residential address of defence personnel but handover complete dak with despatch section of the Unit/formation/ establishment, who in turn disburse the letters to their respective squaderen/ company/ platoon /section (micro level).
Warm regards.

@ Santosh Kumar,
Can you reveal contents of such registered letter posted by IAFWWA to your wife, opened and published by your section Commander, given remarks, as stated by you, if there is some truth in the totally unbelievable, false and fabricated story?

Sudhir Kumar (Expert)
04 November 2018

@ Mr PS Dhingra.

It is common practice in Armed Forces to give "c/o" address of office in case of communications meant for the wife or children.

Nothing unsusual.


AFWWA is not part of administration so they do not have access to permanet address of the husbands rather they do not need. They just addresses of the ladies whose husbands are posted in that station. Since one is not sure of getting official accommodation forthwith on joining at times some Armed Forces families live in rented accommodation and giving residential address is not feasible.

Sudhir Kumar (Expert)
04 November 2018

This si also not a case of mail censor.

In this case administrative action can be taken against the person who treated by name mail (opening of which is personal ) as official and also under Post Office Act

A. A. JOSE (Expert)
04 November 2018

If you have any serous and genuine grievance against the opening of the letter in question, or you are adversely affected by the same, perhaps it would be proper for you ti ventilate your grievances to your own departmental channels rather than resorting to legal actions.

Santosh Kumar (Querist)
04 November 2018

@ Sudhir Kumar Sir! This is the truth that I have written.

Kumar Doab (Expert)
04 November 2018

You have posted that:
‘My in charge has opened the letter and mail-in like other official letter and publicized the matter. After remarks of my Section Commander the letter has given to me to give to my wife..’
In your query;

“I am combatant member of Indian Air Force. Reply (Registered letter) of my wife’s letter from Air Force Wife welfare association (Regional) Subroto Park has received by my office’s address. Addressee of Registered letter is my wife.It is her personal letter. My in charge has opened the letter and mail-in like other official letter and publicized the matter. After remarks of my Section Commander the letter has given to me to give to my wife.. Is it legal or illegal? Can I challenge this against my in charge in court? Please guide me about what course of action can be taken against him.”
Generically speaking; The (said) letter was otherwise to be given to the recipient or returned..
In matter posted by you the letter was given post order by section commander..
So the said official is also seized of the matter.
Rest is publication of the matter by I/c.
If the said publication has affected the modesty, repute, fame, standing of the recipient and related ones then IT might be possible to agitate..and succeed

Kumar Doab (Expert)
04 November 2018

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc and and find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil/Criminal matters as in your case, and well versed with LOCAL applicable rules, establishment rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL: AFT, Civil courts, HC, SC …
A good counsel won’t render bad advice and waste your time and money



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :









×

  LAWyersclubindia Menu