SAROJ AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) With the consent of learned counsel for both the parties final arguments have been heard at the stage of admission itself in this matter. It has been submitted by the learned counsel for the appellants that by mistake two claims on the same cause of action by the same claimants were filed in the Railway Claims Tribunal (for short RCT) and no sooner the claimants or their Advocate came to know about the mistake, he withdrew the second claim petition, but still the learned Presiding Officer of the RCT penalised the claimants by dismissing the first claim petition also on the ground that the mistake was not bona fide. Learned counsel for the appellants relies upon the judgment in the case of Gulshan Bano vs. Union of India CMA No. 1720/2007 of Gujarat High Court dated 8th May, 2012 in which it was held that if there bona fide mistake on the part of the claimant and if he by mistake filed two claims successively on the same cause of action then he may be permitted to withdraw one claim and another claim should be decided by RCT only on merit. In the circumstances of the case, appellants pray for remand of the case to RCT, Jaipur for decision on merits.

(2.) On the other hand, it has been submitted by the learned counsel for the respondent that the appellants did not come in the RCT with clean hands and material facts were concealed by them when they filed the second claim and so in the circumstances of the case, the learned Presiding Officer, RCT, Jaipur was perfectly right in dismissing their claim. Learned Presiding Officer of RCT, Jaipur has relied upon Section 148 of the Railways Act, 1989 in this regard and that section reads as follows:-