UNION OF INDIA Vs. REGISTRAR, RAILWAY CLAIM TRIBUNAL

JUDGEMENT

(1.) Heard Mr. S.D. Sanjay, A.S.G., in support of the writ application filed under Article 226 of the Constitution of Indian to question the pregnability of the order dated 06.05.2016 passed by the learned Member, Judicial, Railway Claim Tribunal (for short "The Tribunal"), Patna in O.A. No. 328 of 2011, in so far as he directs for personal appearance of the General Manager, East Central Railway Hajipur. The petitioner filed an application before the Tribunal (Annexure-2) for recall of the order of personal appearance which was considered and rejected by the order dated 23.05.2016 (Annexure-3). The said order is also under challenge.

(2.) It has been submitted that under the provisions of the Railway Claims Tribunal Act (for short "The Act") the procedure is prescribed. If the respondent authority fails to produce the evidence or any material, the Tribunal can proceed ex-parte and pass an order to be implemented by the concerned opposite parties. The Tribunal has exceeded its jurisdiction in directing appearance of the officer of the level of General Manager. Particularly when the respondent-Tribunal does not exercise any preliminary jurisdiction.

(3.) The petitioner has relied on Section 18 of the Act as well as the order dated 10.03.2015 passed by a Division Bench of this Court in C.W.J.C. No. 3041 of 2015 (Annexure-4). The Court hearing the writ application raising the analogous issue observed in paragraph 6 and 7 thereof as under: