HRISHIKESH ROY,J. - (1.) Heard Mr. A. Goyal, the learned Counsel representing the petitioner. Also heard Mr. M.K. Choudhury, the learned Senior Counsel appearing for the Railways Authorities. The Issue
(2.) The Railway is empowered to penalize consignors when excess load is detected, through re-weighment of the loaded railway wagons and the question to be answered by the Full Bench is, whether a show cause notice/ opportunity, should be provided to the consignor, before punitive charge is levied, for the excess load.
(3.) The matter is placed before the Full Bench, on account of the divergent views taken by this Court in Union of India v. M/s. Salt Marketing Centre, reported in 1993 (3) GLT 548, where the Division Bench opined that the principles of natural justice must be followed for penalizing a consignor whereas, the counter opinion is expressed in the Union of India v. M/s. Murali Manahar Enterprises, reported in 1997 (2) GLT 257, where it is held that, parties to the contract in commercial transactions, cannot invoke the writ jurisdiction of the Court. It thus declared that the earlier decision in M/s. Salt Marketing Centre (Supra), was a per in curium decision. Petitioner's Arguments ;