- (1.) With the consent of learned counsel for both the parties final arguments have been heard at the stage of admission itself in this matter. It has been submitted by the learned counsel for the appellants that by mistake two claims on the same cause of action by the same claimants were filed in the Railway Claims Tribunal (for short RCT) and no sooner the claimants or their Advocate came to know about the mistake, he withdrew the second claim petition, but still the learned Presiding Officer of the RCT penalised the claimants by dismissing the first claim petition also on the ground that the mistake was not bona fide. Learned counsel for the appellants relies upon the judgment in the case of Gulshan Bano vs. Union of India CMA No. 1720/2007 of Gujarat High Court dated 8th May, 2012 in which it was held that if there bona fide mistake on the part of the claimant and if he by mistake filed two claims successively on the same cause of action then he may be permitted to withdraw one claim and another claim should be decided by RCT only on merit. In the circumstances of the case, appellants pray for remand of the case to RCT, Jaipur for decision on merits.
(2.) On the other hand, it has been submitted by the learned counsel for the respondent that the appellants did not come in the RCT with clean hands and material facts were concealed by them when they filed the second claim and so in the circumstances of the case, the learned Presiding Officer, RCT, Jaipur was perfectly right in dismissing their claim. Learned Presiding Officer of RCT, Jaipur has relied upon Section 148 of the Railways Act, 1989 in this regard and that section reads as follows:- "148. Penalty for making a false statement in an application for compensation. If in any application for compensation under section 125, any person makes a statement which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years, or with fine or with both." A person making false statement in court may be punished under criminal law, but if mistake is bona fide then the civil rights of the claimant should not be affected by his bona fide mistake and accordingly, I deem it proper to remand the case to the Presiding Officer of RCT, Jaipur. The order dated 14.2.2012 passed by RCT, Jaipur 4 in Railway Case No. 166/2010 titled as Smt. Saroj & Ors. vs. Union of India is hereby quashed and set aside to that extent only. The RCT, Jaipur is hereby directed to decide the matter afresh after hearing both the parties. Opportunity to lead evidence to both the parties should be given, as per procedure. In the interest of justice, it is also hereby ordered that the appellants will deposit an amount of Rs. 10,000/- (Rs. Ten Thousand) as costs in the RCT, Jaipur within two months from today which will be payable to the other party and the RCT, Jaipur will proceed to decide the matter on merits only after deposit of the amount.;