In The Matter Of Suo Moto Public Interest Litigation Based On News Item Publised v. 1 - Union Of India Through The Secretary, Ministry Of Railway, Rail Bhawan, New
Case Details
BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.01.14 14:52:01 +0530 1 2025:CGHC:1975-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 112 of 2024 In The Matter Of Suo Moto Public Interest Litigation Based On News Item Publised In Daily News Paper Haribhumi, Bilaspur Bhumi Chhattisgarh, Dated 25-12-2024 The News Items As Follows- Rail Karmachariyo Ka Karnama, Traino Ki Gaddedar Seato Ko Nale Ka Slab Bana Diya. ... Petitioner(s) versus 1 - Union Of India Through The Secretary, Ministry Of Railway, Rail Bhawan, New Delhi. 2 - South Eastern Central Railway (SECR) Through General Manager, (Gm / Secr) New Gm Building, Bilaspur Zone, Bilaspur (C.G.) 3 - Assistant General Manager South Eastern Central Railway SECR, Bilaspur (C.G.) 4 - South Eastern Central Railway Through Divisional Railway Manager, Bilaspur (C.G.) 5 - Collector Bilaspur, District Bilaspur (C.G.) ... Respondent(s) 2 For Respondents :
Legal Reasoning
Ms. Shweta Rai, Advocate holding the brief of No. 1 to 4 Mr. Ramakant Mishra, Deputy Solicitor General alongwith Ms. Anpoorna Tiwari, For Respondent : Central Government Counsel. Mr. Shashank Thakur, Deputy Advocate No.5/State General. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge
Decision
Order on Board Per Ramesh Sinha , Chief Justice 13.01 .2025 1. Heard Ms. Shweta Rai, learned counsel holding the brief of Mr. Ramakant Mishra, learned Deputy Solicitor General alongwith Ms. Anapoorna Tiwari, learned Central Government Counsel, appearing for respondent Nos. 1 to 4. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for respondent No.5/State. 2. 3. This is an office reference. This Court vide order dated 26.12.2024 passed the following order: “The present Public Interest Litigation has been taken suo moto cognizance by this Court regarding news item namely " रेल क्(cid:6)चारिरयों का कारना्ा; ेनों की ट्र ग्ቌेदार सीटों को नाले का स्लैब बना दिदया" published in the Daily News Paper Haribhumi, Bilaspur Bhumi, dated 25.12.2024. Looking to the negligence and inefficiency of the Railway Department when padded seats made for 3 sitting in trains are misused and placed over the drains by the Railway employees, this matter is being taken up for hearing during the winter holidays. Through the aforesaid news item, it has been published that padded seats made for sitting in trains are placed over the drains by the Railway employees and the same can be easily seen from the road that the padded seats of the railway are lying on the drain. The surprising thing is that the railway officials have not noticed it till now and the seats placed over the drain are not only a sign of misuse of railway resources, but it can also pose a threat to road safely and hygiene. This situation raises questions on the negligence and inefficiency of the Railway Department because such actions not only expose the lack of monitoring by the officials, but also tarnish the image of department. Respondent No.2 is directed to file his personal affidavit in this matter with respect of the aforesaid news item. Mr. Ramakant Mishra, learned Deputy Solicitor General, appearing through video conferencing for Railways is directed to send a copy of this order to respondent No.2 for necessary information and compliance forthwith. Let the matter be listed again on 13th of January, 2025.” 4. In compliance of the court’s order dated 26.12.2024 respondent No.2 has filed the affidavit which states as under: “1. That, at present I am posted as General Manager, South East Central Railway, Bilaspur, 4 Chhattisgarh. I am acquainted with the facts and circumstances of the present case. 2. That, it is most respectfully submitted that vide order dated 26.12.2024, this Hon'ble Court while taking suo moto cognizance in news item namely " रेल क्(cid:6)चारिरयों का कारना्ा; ेनों की ग्ቌेदार सीटों को ट्र नाले का स्लैब बना दिदया" published in the Daily News Paper Haribhumi, Bilaspur Bhumi, dated 25.12.2024 directed the Respondent No. 02 ie. General Manager/SECR/Bilaspur to file his personal affidavit in this matter with respect of the aforesaid news items. 3. That, in compliance of the order dated 26.12.2024 passed by the Hon'ble Court, the deponent most respectfully submits as under: (i) That, the deponent submits that Bilaspur Railway Station is one of the major station which is identified to improve the Station infrastructure under the Amrit Bharat Station Scheme to deliver international standard amenities to the passengers. (ii) That, the deponent submits that various construction activities are under taken under the development scheme and accordingly, parking stand is shifted behind the Jan Aushadhi Kendra in front of the Rail Coach Restaurant, Bilaspur. (iii) That, the deponent submits that the railway seats placed over the drain near the Jan Aushadhi Kendra, were salvaged from the coach no. SEC 028112 WGACCN which was condemned by the competent authority on 31.10.2023. The said condemn coach is presently used as Rail Coach Restaurant Bilaspur and railway seats are an 5 expended material, which was temporarily used to cover the drain to avoid any inconvenience to the passengers and public at large in the transition phase of the shifting of the parking area. A copy of letter dated 31.10.2023 and 07.01.2025 is filed here with and marked as annexure R/1 (Colly). (iv) That, the deponent submits that railway seats were a salvaged material from the condemned coach and it was temporarily used to cover the open drain near the newly built parking area where shifting of old parking space was under process, in the transition phase, to avert any unsafe situation. (v) That, the deponent submits that the Railway Administration is dedicated for proper use of public resources. Further, Safety of the passengers is of paramount importance and keeping in mind the vulnerability of open drain during the shifting activity, the condemned railway coach salvaged seats were placed over the drains for safety purpose. (vi) That, the said drain has been covered by the concrete slab permanently. A photograph is enclosed herewith and marked as annexure R/2.” 5. In the light of affidavit filed by respondent No.2, the present writ petition (PIL) stands disposed of. Sd/- Sd/-d/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu