Ashok Bhushan, J. - (1.) HEARD Shri Shambhavi Nandan learned Counsel for the Petitioner and Shri Vivek Singh appearing for the Railways.
(2.) BY this petition, Petitioner has prayed for quashing the order/notices dated 25/12/2008, 18/2/2009 and 20/1/2011. By the said notices the Petitioner has been directed to deposit punitive charges amounting to Rs. 18,39,666/ -. Petitioner's case in the writ petition is that an intend to load 3901.3 Metric Tonnes loose coal for the destination Lalkua District Nainital was submitted. Railway Receipt no. -038746 dated 03/6/2008 was issued after payment of total freight charges. Excess weight of 33.7 Metric Tonnes coal was found and the punitive charges were also paid at the originating station. The consignment was delivered to the Petitioner on 06/6/2008. After more than 6 months after the date of delivery of the goods a notice dated 25/12/2008, was issued by the Respondent No. 3 to the Petitioner for payment of punitive charges of Rs. 9,29,283. Another notice dated 18/2/2009, was issued by the Respondent No. 3 demanding Rs. 18,39,666/ - as panel freight for over loading of goods booked under Railway Receipt No. 038746 dated 03/6/2008 instead of Rs. 9,29,283/ - as per the earlier notice dated 25/12/2008. Petitioner immediately submitted representations on 21/4/2009 and 09/7/2010 stating that he is not liable to pay the said punitive charges. The Respondents have lastly issued notice on 20/1/2011, asking the Petitioner to deposit the aforesaid amount.
(3.) LEARNED Counsel for the Petitioner submits that under Section 73 of The Railway Act, 1989 (hereinafter called the -Act, 1989") no punitive charges can be demanded after delivery of the goods. It is submitted that the Petitioner had paid the freight charges as well as the over loading charges at the originating station and the Petitioner was delivered the goods on 06/6/2008 without raising any demand of any punitive charges or any other charge. He submits that after the delivery of the goods, it is not open for the Respondents to claim any punitive charges.;