- (1.) THIS appeal is at the instance of the Eastern Railway and is directed against the award passed by the Railway Claims Tribunal, Calcutta, in Claim application No. 574 of 1999 thereby allowing the claim petition by directing the railway Authority to pay Rs. 23,116/ -.
(2.) THE facts giving rise to filing of this appeal may be summed up thus: (a) On 29th September, 1998, four consignments were booked from Chirai to malda Town Station and the consignments were loaded in ten wagons. It appears that at the time of loading, the consigned goods were not actually weighed under the supervision of the Railway staff but based on declaration given by the consignor, those consignments were loaded. (b) According to the Railway Authority, a vigilance team of the Eastern railway intercepted the train concerned and conducted reweighment of the said four wagons at Pakur Railway weighbridge and it appeared that the consignments were in fact overloaded and based on the said report, overcharge at the prescribed rate was demanded from the claimant to the tune of Rs. 20,804/- at the destination. (c) It appears from record that the claimant made payment of the excess charges and at the same time, removed the goods; but thereafter, the claimant served a notice under Section 106 of the Railways Act, 1989 demanding repayment of the charge paid by him. As the Railway Authority refused to settle the claim, the claimant submitted application under section 16 of the Railway Claims Tribunal Act for repayment of rs. 20,804/ -. (d) The proceedings were contested by the Railway by submitting written statement denying the material allegations and the stance taken by the railway was that there was no illegality in realising the excess amount loaded at the time of booking as the Railway Authority is entitled to reweigh the goods at any point of time in course of the journey. (e) The Tribunal below, however, came to the conclusion that the Railway authority acted illegally in claiming the excess amount on the basis of alleged vigilance report without giving opportunity to the claimant's representative to witness the reweighment checked at Pakur Station and even, at the destination station, no step was taken for reweighment and, therefore, for the violation of principles of natural justice, the Tribunal below directed the Railway Authority to refund the charge of overloading with costs. Being dissatisfied, the Railway Authority has come up with the present appeal.
(3.) MR Banerjee, the learned advocate appearing on behalf of the Railway authority, has, by drawing our attention to the fact that the claimant removed the goods without any protest, contended that unless a demand was made for reweighment at the destination, the claim made by the respondent was not entertainable. Mr Banerjee submits that if any demand was made for reweighment with proper application and if such prayer was refused, the claimant could pray for refund of the amount. He, therefore, prays for setting aside the award passed by the Tribunal.;