STATE OF BIHAR THROUGH THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION KATIHAR Vs. UNION OF INDIA THROUGH GENERAL MANAGER EASTERN RAILWAY

JUDGEMENT

(1.) BOTH the appeals are directed against the common order dated 27th January, 2009 in Claims Tribunal Case Nos. OC 9700319 and OC 9700320 passed by the Railway Claims Tribunal, Patna Bench, Patna (hereinafter referred to as the `Tribunal') whereby the claims of the appellant against the short delivery/damage of the consignment was rejected primarily on the ground that the concerned Executive Engineer who filed the claim case could not produce the relevant documents to substantiate about his competency to file the claim application on behalf of the Water Resources Department of the State of Bihar. Secondly the claim application was rejected on the ground that the claimant could not file any documents to substantiate the averments made in the claim application.

(2.) THE short facts is that the appellant claimed damages on account of short delivery of cement against 12 railway receipts all dated 25th April, 1986 pertaining to 13,350 bags with total weight of 674.30 metric ton. THE further case is that out of the aforesaid quantity the applicant received 6,870 bags of consignment in a damaged condition and after giving a notice on the Railway administration the claim applications were filed. THE Railway administration appeared and filed the written statement denying the claim as also taking the stand that the applicant was not authorized to file the claim application. THE Tribunal upon considering the objection of the Railway administration held that the applicant was not authorized to file the claim application. THE claim application was accordingly dismissed on the aforesaid ground that the applicant, the concerned Executive Engineer, was not authorized to file the claim application.

(3.) BOTH the above appeals accordingly stand allowed as indicated above. In the facts and circumstances of the case there shall be no order as to costs.