High Court Of Delhi
REKHA BHASIN - Appellant
Versus
UNION OF INDIA - Respondent
Civil 2202 of 1997
Decided On : 05/13/1998
RAILWAYS - PASSES - FREE TRAVEL - ARBITRARY DISTRIBUTION - UNCONSTITUTIONAL - GUIDELINES FOR ISSUING COMPLIMENTARY CHEQUE PASSES - DISCRETIONARY POWERS - EXERCISE - PRINCIPLES - DISTRIBUTION OF LARGESSES - FAIRNESS AND REASONABLENESS - PUBLIC INTEREST - RAILWAY BOARD MEMBERS - PLATINUM PASSES - DISCRIMINATION - QUASHING OF MEMOS.
Fact of the Case:
Petitioner challenged the grant of free passes to Railway Board members and their families, as well as the arbitrary distribution of cheque passes by the Railway Minister and Minister of State.
Finding of the Court:
1. The Railways must implement the recommendations of the expert committee to improve passenger services as soon as possible. 2. The distribution of free passes and cheque passes by the Railway Minister and Minister of State was arbitrary and violated the principles of fairness, reasonableness, and public interest. 3. The Memos dated 30.4.1997 and 3.6.1997 granting platinum passes to Railway Board members and their families were discriminatory and quashed.
Issues: 1. Whether the grant of free passes to Railway Board members and their families was unconstitutional. 2. Whether the distribution of cheque passes by the Railway Minister and Minister of State was arbitrary and unreasonable. 3. Whether the Memos dated 30.4.1997 and 3.6.1997 granting platinum passes to Railway Board members and their families were discriminatory.
Ratio Decidendi: 1. The distribution of largesses by the State must be fair and just, and any arbitrary distribution would be violative of the law of the land. 2. The exercise of discretionary powers must be rational, fair, and objective, and must be guided by the principles of reasonableness and fairness. 3. The holders of public office must exercise their powers solely for the public good and not for their private gain.
Final Decision: The Court quashed the Memos dated 30.4.1997 and 3.6.1997 granting platinum passes to Railway Board members and their families, and directed the Railways to frame guidelines for issuing complimentary cheque passes.
( 1 ) [ed. facts. Indian Rlys. had a system of granting passes to its employees for free travel with some limitations. A practice had grown of kingly power of Rly. Minister and his Deputy Minister of giving free passes to anyone they liked and this discretion was being widely abused. Also in 1997, two Memos were issued allowing members of Rly. Board, serving or retired to free passes in ACC for any place without any limitation. Petitioner challenged these as unconstitutional. She also prayed for direction for better facilities to ordinary passengers. In the reply, Govt. enumrated several steps at had taken for improvement of services. The Court and petitioner were satisfied. ] After detailing above, Judgement proceeds:
( 2 ) THE network of the Indian Railways is perhaps the largest in the world. Majority of our countrymen depend on Railways for their transportation. The urgency and need of implementing the recommendations of the high-level committee appointed by the Ministry of Railways at the instance of this court, can hardly be over-emphasized. The recommendation must be implemented as early as possible. It is also imperative to supervise and oversee the implementation of these recommendations. There should be a continuous process of improving the system looking to the larger public interest because Railways is the principal mode of transportation of passengers and goods in this country.
( 3 ) THE other grievance of the petitioner is regarding the bonanza to the serving and retired members of the Board by introducing platinum passes. By the orders dated 30. 4. 1997 and 3. 6. 1997 passed by the Railway Board, it has been decided that serving members of Railway Board travelling alone or accompanied by eligible members of their families may travel any number of times on the authority of platinum pass in any class in all trains including Rajdhani/shatabdi Express trains, subject to some conditions.
( 4 ) THE petitioner has expressed her serious apprehension that when there is severe dearth of reserved train tickets in almost all the trains, then this kind of lifetime bonanza by the Railway Board for its members for endless travel by first class air conditioned coaches would make a situation even more difficult and the already scare Railway reserved tickets will henceforth become a truly rare commodity which only the influential and otherwise powerful people will be able to lay their hands upon.
( 5 ) IT may be pertinent to mention that Indian Railways, is more than a century old organisastion and is governed by well structured Acts and rules. The facility of free passes is governed by Railway Servants Pass Rules, 1986. According to Rule 4, the Railway servant or the entitled members of his/her family and dependent relative, as defined in these rules may be issued following kinds of passes :
(I) Duty Pass, (ii) Privilege pass (including passes while on deputation), (iii) School Pass, (iv) Post retirement complimentary Pass, (v) Widow Pass, (vi) Residential Card Pass, (vii) Special Pass.
( 6 ) DULY passes have been further categorised in three categories : (a) Gold Pass; (b) Silver Pass and (c) Bronze Pass.
( 7 ) ALL those officials who have been conferred this facility through platinum passes were earlier covered by Gold Passes to some extent. But this privilege was confined to the officials while they are on duty. By a Memo dated 30-4-1997, a special category of Platinum Pass has been introduced by which this privilege has been extended to these officials when they are not on duty and even after their retirement. The said order reads : (----)
( 8 ) AGAIN on 3. 6. 1997 another letter of the Railway Board was issued in which it was stated that the facility of a companion on post retirement account will be available only when the retired Board Members travel alone unaccompanied by eligible members of family.
( 9 ) DURING the pendency of this W. P. and perhaps because of great public criticism by the letter dated 22. 1
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