16-03-2015 - The reasons for delay in disposal of this appeal can be seen from the order sheet.

In this case nobody is appearing on behalf of the respondents and therefore the case was fixed for ex-parte order.

2.       Heard Mr. Tiwary, the learned counsel for the appellant on limitation and on merits.

3.       On being satisfied with the grounds, the delay of about 45 days in filing this appeal is condoned.

4.       The complainant’s case in short is as follows. She along with her family members were travelling from  Banglore to Patna by Train No. 2295 in A.C.III Coach on their confirmed berths Nos. 35,36,37 and 38   on 7.7.2010.There was pick pocketing in which the ticket was lost, about which the Train Guard was informed but no Railway personnel helped them in the running Train. The T.T.E. ill-behaved with them and charged Rs. 4800/- fare for issuing a ticket which was collected by “Chanda”.

5.       In the written statement filed by the Railway, it was interalia stated that the complainant did not approach any official to report the loss of ticket before departure of the Train and only during the check he said that the ticket was lost, therefore the T.T.E. after verifying the chart advised to pay the actual fare as per the rules. There was no ill behaviour.

6.       Mr. Tiwary submitted that no cause of action arose at Dhanbad and therefore the appellant was wrongly made party. When we expressed that we are inclined to delete the name of the appellant from the complaint petition and the order under appeal, he submitted that though it is not stated in the appeal but the appellant being an officer of E.C. Railway is representing all the O.Ps/ Railway authorities.

7.       Mr. Tiwary then produced a copy of circular dated 25.9.1996 and relied on the following paragraph;

       “ 2.      The matter has been reviewed by the Board and it has been decided that in respect of those passengers whose names are appearing in the chart having confirmed/ RAC reservations and are unable to produce travel authority/ tickets, they should be charged full fare including reservation charges without realizing any penalty. The appearance of their names in the Reservation charts should be treated as permission to travel by the authorized railway servant.”

8.       He submitted that as per the said circular, the TTE was obliged to charge the fare.

9.       In our opinion, the said circular has no force of law. In the facts and circumstances, after satisfying about the identity of the passengers, whose names were appearing in the reservation chart, duplicate ticket should have been issued on realizing the charge if any for issuing duplicate ticket but the full fare should not have been charged. The Railway and its official should not act in pedantic manner.

10.     After hearing Mr. Tiwary at length and considering the materials on record, we find no merit in this appeal, which is accordingly dismissed.

Issue free copy of this order to all concerned for information and needful.

          Ranchi,

          Dated:-16.03.2015