JUDGEMENT
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(1.) We find no grounds to interfere with the impugned judgment and order passed by the High Court except to the extent that costs of Rs. 1,00,000/-(Rupees one lakh only) has been awarded to the respondent officer. The said costs are set aside.
(2.) The Respondent No. 1, a Railway Magistrate, entitled to the use of an official car, was constrained to avail suburban local train services operated by the Eastern Railways on 5th May, 2007 so that he was not late for Court, as his official car had not reported for duty within time.
(3.) To his chagrin, the local train was 15 to 20 minutes late. Waiting at the station for a train can be both tedious and boring. The Magistrate got drawn into a conversation with commuters waiting at the station. He heard that the in was always late on account of unscheduled halts after departure from the previous station, somewhere midway, to offload goods carried in the train illegally.;
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