Citation : 2023 Latest Caselaw 2626 Gua
Judgement Date : 20 June, 2023
Page No.# 1/2
GAHC010055232019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MFA/96/2019
BASIR UDDIN LASKAR
S/O- LATE NEJAMOT ALI,
R/O- APPIN, P.O.- APPIN PART-I, P.S. KATLICHERRA, DIST.- HAILAKANDI,
ASSAM.
VERSUS
THE UNION OF INDIA AND ANR
REP. BY THE GENERAL MANAGER, N.F. RAILWAY/WESTERN RAILWAY,
MALIGAON, GUWAHATI- 781011.
2:THE GENERAL
CENTRAL RAILWAY
CST
MUMBAI- 400001
Advocate for the Petitioner : MR M J QUADIR
Advocate for the Respondent : SC, NF RLY
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 20.06.2023 Heard Mr. G. Uddin, the learned counsel appearing on behalf of Appellant. Mr. B. Sarma, the learned Standing Counsel appears on behalf of the NF Page No.# 2/2
Railway.
2. Upon perusal of the impugned judgment and order dated 3/1/2019, it reveals that the learned Tribunal had rejected the application seeking compensation on the ground that the deceased was not a bonafide passenger. In doing so, the learned Tribunal had observed that the number of the seasoned ticket was mentioned as 1241, whereas, the identity proof was mentioned as 1242. It was further mentioned in the impugned judgment that the photograph which was pasted on the I-Card was pasted subsequently as the same appear to be over the stamp.
3. This Court is of the opinion that for the purpose of deciding the appeal, it would be relevant to know as to how the I/D as well as the seasoned tickets are issued by the Railway Authorities and also as to whether the photograph is pasted upon the I-Card subsequent to issuance of the I-Card.
4. Mr. B. Sarma is granted 4 (four) weeks' time for obtaining the instructions in that regard. Mr. B. Sarma further submits that in order to obtain the instructions, he may be given a photocopy of the said seasoned ticket and the I- Card in question.
5. The Court Master of this Court is directed to give a photocopy of this document so that Mr. B. Sarma can obtain the necessary instructions in that regard.
6. List the matter again on 27th of July, 2023.
JUDGE
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