SOUTH EASTERN RAILWAY Vs. RAJKUMARI AGRAWALLA

JUDGEMENT

(1.) THE limited question that arises for consideration in this appeal filed on behalf of the S. E. Railway is whether the TTE was justified in collecting penalty of Rs. 60 each from the respondents on the plea that they travelled in the train from Bhillai Power-house Station to Durg without tickets.

(2.) THE respondents purchased general tickets bearing Nos. 01174 and 01175 for their journey from Rayagada Railway Station to Bhillai Power-house Station on 24. 7. 1996. After boarding the train, they requested the TTE for change of their tickets to sleeper class. On their request and on payment of the differential amount, the TTE exchanged the tickets to sleeper class tickets for their journey from Rayagada to Bhillai Power-house Station and provided accommodation to them in the coach. According to the respondents, since they had got tickets upto Bhillai Power-house Station, they were to get down at that station, but the train did not stop there and they got down at Durg when it stopped. When they never intended to travel upto Durg, they should not have been penalized.

(3.) ADMITTEDLY, the respondents purchased tickets for their travel in the "samata Express". On payment of the fare, tickets were granted to them from Rayagada to Bhillai Power-house Station. If the "samata Express" had no stoppage a Bhillai Power-house Station, the Railway Authorities should not have issued ticket to them. They could have told the respondents that there was no stoppage of the said train at Bhillai Power-house Station and tickets could not be issued. It is the duty of a person who in charge of selling of tickets to inform the intending passengers that the train in which he intends to travel has no stoppage at a particular station. Having failed to discharge the elementary duty, no wrong can be found with the respondents when they travelled in the train upto Durg. They had no intention to travel to Durg without paying fare but were compelled to do so as the train did not stop at Bhillai Power-house Station. In these circumstances the imposition of penalty on them is not unjustified.