M/S JAIN BROTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P. Deka, learned counsel for the petitioner. Also heard Mr. D.K. Dey, learned standing counsel for the Railways, appearing for all the respondents.

(2.) The case of the petitioner is that the petitioner had placed order with one Koteshwar Chem Food (P) Ltd, Chirai at Gujarat for supply of Refined Iodized Salt. M/s Koteshwar Chem Food (P) Ltd, Chirai booked an indent at Chirai with the respondent Railway authorities for one rake consisting of 42 wagons out of which, 32 wagons were earmarked for New Guwahati Goods Railway Station (NGC) and 10 for New Bongaigaon Railway Station (NBQ). Though 42 wagons were indented, the Railways made available only 41 wagons and because of such short supply of 1 wagon, 32 wagons were booked for NGC and 9 for NBQ against Railway Receipt bearing No.212001777 dated 13.08.2008. Goods were accordingly loaded on 18.08.2008. When the petitioner had gone to unload the goods at NBQ, the respondent No.4 demanded payment of under charges amounting to Rs.2,79,078/- in view of the Circular No.C/486/RG/RPP/ GM/PT(IV) dated 24.06.2008. Protest being made by the petitioner, 800 numbers of Refined Iodized Salt bags weighing 50kg each was detained and the remaining consignment was released.

(3.) By the aforesaid Circular dated 24.06.2008, the Policy Guidelines under the heading "Policy Guidelines-Freight Incentive Schemes and Transportation Products" was circulated. In the aforesaid Guidelines at Clause-5.3, it is provided that two point rakes can be loaded at trainload class rate under certain conditions, one of which (condition No.5) is that a minimum of 10 wagons should be loaded for each of the two destinations.