Page No.# 1/3 vs The Union Of India And 4 Ors
2021 Latest Caselaw 1943 Gua

                                                                 Page No.# 1/3

GAHC010112332021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/4022/2021

         M/S R.K. JAIN AND SONS AND ANR.
         A PROPRIETORSHIP FIRM HAVING ITS OFFICE SITUATED AT N.C. ROAD,
         P.O.-TEZPUR, TEZPUR-784001 REPRESENTED BY ITS PROPRIETOR RAJ
         KUMAR JAIN AGED ABOUT 50 YEARS, S/O LATE H.M. JAIN, N.C. ROAD,
         P.O.-TEZPUR, TEZPUR-784001

         2: RAJ KUMAR JAIN
          PROPRIETOR OF M/S R.K. JAIN AND SONS
          S/O LATE H.M. JAIN
          N.C. ROAD
          P.O.-TEZPUR
         TEZPUR-78400

         VERSUS

         THE UNION OF INDIA AND 4 ORS.
         REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS, RAILWAY
         BOARD, RAILWAY BHAVAN, NEW DELHI

         2:THE CHAIRMAN
          RAILWAY CLAIMS TRIBUNAL
          13/15
          MALL ROAD
          DELHI-110054

         3:THE VICE CHAIRMAN (EAST ZONE)
          RAILWAY CLAIMS TRIBUNAL
          CALCUTTA BENCH
          2
          ESPLANADE MANSION
          ESPLANADE EAST KOLKATA-700069

         4:THE REGISTRAR
          RAILWAY CLAIMS TRIBUNAL
                                                                    Page No.# 2/3

             GUWAHATI BENCH
             STATION ROAD
             GUWAHATI

            5:THE GENERAL MANAGER
             N.F. RAILWAY
             MALIGAON
             GUWAHATI-78101

Advocate for the Petitioner   : MR. A GOYAL

Advocate for the Respondent : SC, RAILWAY




                                         BEFORE
                  THE HON'BLE MR JUSTICE PRASANTA KUMAR DEKA
                                    ORDER

23.08.2021 Heard Mr. A. Goyal, the learned counsel for the petitioners who are before this court being aggrieved of an order dated 24.03.2021 passed by the learned Single Member of Railway Claims Tribunal, Guwahati Bench which was in terms of a direction passed by this court in WP(C)/5712/2020 dated 15.03.2021. Primarily the petitioners are aggrieved by an order dated 16.10.2020 issued by the Additional Registrar, Railway Claims Tribunal, Guwahati Bench thereby empowering the Hon'ble Member (Technical), RCT, Guwahati to hear and decide on matters pertaining to terminal charges at RCT Guwahati Bench as a Single Member Bench in terms of the judgment of Division Bench comprising of the then Hon'ble Chairman and Hon'ble Member (Technical) on the above subject. Though Mr. Goyal cited that the said authority vide letter dated 16.10.2020 is outright violation of the decision of the Hon'ble Supreme Court in Rojer Mathew -Vs- South Indian Bank Ltd. reported in (2006) 6 SCC 1.

In view of issue raised by Mr. Goyal, let notice be issued.

Page No.# 3/3

Mr. S. Goswami, the learned counsel is present and accepts notice on behalf of the respondent No. 4, the Registrar, Railway Claims Tribunal, Guwahati Bench and Mr. B. Sarma, the learned Standing Counsel for the Railways accepts notice on behalf of the respondent Nos. 1 and 5. Necessary extra copies be served on the learned counsel for the respondents.

The petitioners shall take steps on the respondent Nos. 2 and 3 by way of registered post with A/D within a period of three days from today.

Notices are made returnable after four weeks.

JUDGE

Comparing Assistant