Whether the railway administration has unfettered power to re-weigh goods booked with the railways enroute behind the back of the consignee or endorsee in exercise of their powers under Section 78 of the Indian Railways Act and whether the railway administration has also unbridled discretion under Section 79 of the said Act not to re-weigh, on the request of the consignee or endorsee, such a re-weighed consignment are the two moot questions, which this writ petition has raised.

2. In the above backdrop, the case of the petitioner needs to be considered. Petitioners case, briefly stated, runs as follows :

In the course of its business, the petitionder has booked 40 BCN Wagons as per the rake programme sponsored by the Government of Punjab on 17-18 of November, 1999. The coal was loaded at Ledo Railway Station in the District of Tinsukia (Assam), its destination being Bathinda. The said rake of coal was weighed at Electronic-in-Motion Weigh Bridge, at Ledo, in presence of representatives of North Eastern Coal Fields/Coal India Limited and the representatives of the Railway authorities, the Wagon having been booked by North Eastern Coal Fields/Coal India Limited, which is a Go