NORTHERN RAILWAY, GENERAL MANAGER Vs. KAUSHAL KUMAR BISWAS

JUDGEMENT

(1.) Railway Claims Tribunals are established for the exclusive purpose of determining the claims submitted, in relation to any untoward incident or the damage to goods entrusted to Railways for transport. For all practical purposes, the proceedings before the Tribunal are akin to the suits for recovery of the amount or claims for compensation under the Motor Vehicles Act. There would not be any scope for scrutinizing the administration of the Railways, muchless to exercise powers under Contempt of Courts Act. If the claim in the Original Application is not properly resisted or defended by the Railway Administration, the Tribunal is free to draw its own conclusion and inferences and to pass orders in the claims.

(2.) This writ petition is filed challenging the order dated 29.01.2015 passed by the Railway Claims Tribunal, Patna in O.A. No. 48 of 2004. The O.A. in turn was filed by the sole respondent herein, claiming a sum of Rs.4,00,000/- on account of death of his wife in untoward incident.

(3.) For one reason or the other, Original Application was pending for the past one decade and active consideration of the matter began only in September, 2014. The Tribunal passed an order directing personal appearance of the General Manager of the Northern Railway, the appellant herein on 29.01.2015. On that day, an application was filed on behalf of the appellant herein through the Deputy Chief Commercial Manager (Claims) Northern Railway with request to dispense with his personal appearance. The Tribunal passed the order dated 29.1.2015 issuing several directions and making adverse comments against the appellant and other officers. A direction was issued for deduction of Rs.2000/- from the salary of the Deputy Chief Commercial Manager (Claims), Northern Railway. Several observations and comments were made against the appellant herein. Feeling aggrieved by the said order, the present writ petition is filed.