UNION OF INDIA Vs. RAMESHWARLAL AGARWAL

JUDGEMENT

(1.) The question involved in the appeal is about the reweighment of the consignment of salt booked by the respondent. Admittedly, at the originating Station Nawa, City in State of Rajasthan, the consignment could not be weighed due to non-availability of the functional weighing machine. The declaration made by the consignor was mentioned as an weight and endorsement to the said fact was made in the railway receipt, issued by the appellant. The destination of the goods was Ranigunj, West Bengal where weighment facility was not available. The weighment of the consignment was done at Andal Station in the State of West Bengal. Out of the twenty wagons loaded with iodised salt 15 wagons reached Ranigunj, West Bengal on January 15, 2000, while communication dated 17th January, 2000 was issued by Goods Shed Superintendent, Eastern Railway, Ranigunj requiring the petitioner to deposit an amount of under charges paid of Rs. 3,89,445/- alleging overloading of 15 wagons therein the weight declared by consignor. The respondent/petitioner initially preferred a Writ Petition in this Court being WP 1105 of 2000, the same was decided on 18th May, 2000, direction was issued to a General Manager, Eastern Railway to consider the representation and to decide the same by a speaking order within the stipulated period of time. Thereafter order was passed by the General Manager, Eastern Railways on 30th June, 2000. Applying principle laid down by this Court in other cases, the quantity on reweighment at Andal an amount of overloading has been reduced and worked out to 22.02 tonnes in the case of Rameshwar Ashoke Kumar and the demand was substantially reduced. Accordingly, proportionate refund was ordered. The aforesaid order was questioned by the petitioner successfully before the Single Bench.

(2.) The Single Bench by judgment dated 2nd August, 2012 passed in WP 1105 of 2000, has allowed the Writ Petition and has quashed the demand in toto holding that Railway Authority was under obligation for making arrangement for reweighment and Railway has failed and neglected to deal with the instant case in accordance with the provisions of sections 65 and 79 of Indian Railways Act, 1989 (hereinafter referred to as the Act) and paragraph 1744 of Indian Railways Commercial Manual. The Single Bench has referred to and relied upon certain decisions while allowing the writ application and respondent have been directed to refund the balance amount which was paid by the petitioner towards levy of under-charges in terms of communication dated 17th August, 2000. Aggrieved thereby, the intra-Court appeal has been preferred by the Railways.

(3.) Shri Ashoke Chakraborty, learned Senior Counsel appearing on behalf of the appellants submitted that there are misconstruction of the provisions of sections 65 and 79 of the Act and the provisions contained in the Railway Commercial Manual with respect to re-weighment. section 78 of the Act has not been referred to as well as proviso to section 65 has not been taken note of by the Single Bench. It was submitted that weighment was not done at the originating Station. Thus, it was incumbent upon the Railways to weigh the consignment at least once. At Andal station the consignment was weighed and before taking delivery the consignee was informed with respect to the under charges paid on the basis of the actual weight found in the 15 wagons. The weight of the bags loaded was found to be more than declared at the originating station. It was open to the petitioner to apply under section 79 of the Act and the provisions contained in the Railway Manual for reweighment of the goods. On prayer being made reweighment could have been done but the consignee obtained the delivery and later on applied only for weighment of the wagons, not for reweighment of the bags of the salt. However, delivery had been taken by them. Reweighment of the bags was not possible as the delivery had been taken by the consignee petitioner and he had not applied for reweighment of the bags containing salt.