UNION OF INDIA Vs. K K SHUKLA

JUDGEMENT

(1.) PETITIONERS -opposite parties are aggrieved by the order of the State Commission which in turn upheld the order of the District Forum allowing the complaint of the Respondents-complainants and awarding compensation and cost on the ground of deficiency in service by the Northern Railway.

(2.) THE four complainants are two couples-husband and wife of the age varying from 64-75 years. They had four reserved berths in coach No. 7 of Doon Express for 17-10-1997 for travel from Lucknow to Haridwar from where they were to go to visit Badrinath Dham. They reached the railway station to board the train at the proper time. They found that their berths were occupied by unauthorised persons. Not only that they were thrown out of the coach by these occupants. Some of the complainants also suffered injury. They were in extreme mental agony as for them it was important to perform the journey. Their complaint to the Incharge, 'thana' 'GRP' and station Master fell on deaf years. In fact, the Station Master showed his helplessness and the police refused to intervene. Whole of the train was occupied by unauthorized persons who were also sitting on the roof top of the train and were going to attend Kissan Union Rally. They were all ticketless travelers. The case of the Railways before the District Forum was that it was difficult to get the berths vacated from the crowd as they might otherwise had become violent and damaged the Railways property. It was, announced that refund of fares would be given to the passengers who were, holding valid tickets.

(3.) WE are also unable to appreciate the reluctance of the Railway Police to act. It is not their duty to give protection to bona fide passengers ? Or is it their duty to give protection to rowdies and hooligans travelling without ticket ? If their duty is former it was certainly a case of dereliction of duty on their part. We, however, need not say anything further on this.