Can the Railways rely on an investigation report under Rule 6 of the Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003 that was prepared belatedly with no explanation for the delay?
Coram: Justice Ujjal Bhuyan · Justice Atul S. Chandurkar
The Railways cannot take advantage of their own delay in preparing the investigation report under Rule 6 of the Rules of 2003.
No. Following Kalandi Charan Sahoo, the absence of an inquiry conducted immediately, as the Rules of 2003 require, is a factor against the Railways. Delay in conducting the inquiry cannot be attributed to the claimants, and the Railways cannot take advantage of the delay on their part. Here the report was prepared about seven months after the untoward incident, only after the claim application had been served, and no explanation for the delay was on record, so the Court ignored it.
Railways Act, 1989 — s.124-A — s.123(c)(2) — Railway Claims Tribunal Act, 1987 — s.16 — Untoward incident — Bona fide passenger — Absence of ticket — Railways Act, 1989 — s.124-A — Bona fide passenger — Absence of ticket — Burden shifts — Held: Mere absence of a ticket with the victim does not negate the claim that he was a bona fide passenger; the claimant's statement on oath discharges the initial burden, which then shifts on the Railways to rebut it. (¶9, 10) Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003 — r.6 — Delayed investigation report — Held further: The Railways cannot take advantage of their own delay in preparing the investigation report under Rule 6 where no explanation for it is furnished; such a report may be ignored. Award of the Tribunal restored; appeal allowed. (¶11, 12)
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