SOUTHERN CARGO AND LOGISTICS Vs. UNION OF INDIA

JUDGEMENT

(1.) The Court: Let affidavit-of-service filed in Court today be kept on record.

(2.) In the writ petition, the petitioner, a lease holder, has challenged the imposition of punitive charges of Rs.2,02,100/- since the Railways have allegedly found that the consignment in question had excess weight. It is submitted that though the petitioner by letter dated 2nd March, 2011 had prayed for reweighment, by the impugned intimation dated 4th March, 2011, same was denied by the authorities of the South Eastern Railway (for short 'SER') without citing any reason.

(3.) Submission has been made that though the Circular No.51 of 2006 issued by notification dated 11th December, 2006, issued by the Ministry of Railways (Railway Board), postulates that the Chief Commercial Manager of the Zonal Railway may permit second reweighment of the consignment loaded in parcel vans at the destination station on weighing scale at party's cost, however, it has been ignored. Prayer is since everyday demurrage is being incurred, the authorities of the SER may be directed to carry out reweighment for which the petitioner is ready and willing to pay the charges.