V. K. Khanna, C. J.-This appeal has been filed against the judgment of the learned Single Judge in Civil RuleNo.2189 of 1995, dated 15.6.95 (1995 (1) GLJ 63).

2. We have heard Mr. BK Sharma, learned counsel for the appellant assisted by Mr. PK Tiwari and Mr. GN Sahewalla for the contesting petitioner/respondent.

3. The brief facts for the purposes of adjudicating the present appeal are that a rake of salt was allotted to M/s Saikia Enterprises, Khanapara, Guwahati by the Govt of Assam for the purposes of bringing iodised salt. The aforesaid Enterprise placed orders on M/s ABC Enterprises, Gandhidham for sending the iodised salt by loading it in the rake which has been allotted to M/s Saikia Enterprises. It also not disputed that later on the iodised salt contained in the aforesaid loaded rake has been consigned in favour of M/s Salt Marketing Centre (petitioner/respondent in the appeal).

4. The real dispute in the present appeal centres round the question as to whether the appellant can levy penalty in exercise of their powers given under section 73 read with section 87 (2) (d) of the Indian Railways Act on the basis of reweighment which has been done at an intermediate station, admit

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