Union Of India And Anr. VS. B. N. Prasad

Summary

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A complaint u/s 138 of the Railways Act was filed by the Dy.

Chief Commercial Superintendent N. F. Railway to the Sub Divisional Magistrate for passing an order of eviction of the respondent, a refreshment room contractor at Kishangunj Station, as he failed to hand over possession after the expiry of the agreement on 10-7-70 and in spite of notice to do so. The magistrate accepted the application and directed the eviction of the respondent. The respondent filed a writ petition in the Patna High Court that s. 138 could not be invoked as the complaint was not made by an authorised person i.e. the Chief Commercial Superintendent. The High Court accepted the plea, allowed the writ Petition and quashed the order of eviction.

Allowing the appeal by special leave the Court

HELD : (1) S. 138 of the Railways Act must be construed liberally, broadly and meaningfully so as to advance the object sought to be achieved by the Railways Act, as the provision is in public interest meant to avoid inconvenience and expense for the travelling public and gear up the efficiency of the Railway administration. [399 A]

(2)Section 138 has widest amplitude and takes within its fold not only a. railway servant but even a contractor who is engaged for performing services to the railway and the termination of his contract by the Railway amounts to his discharge. [398 H, 399 A]

Nanik Awatrai Chainani v. Union of India, [1971] 1 SCR 650, followed.

S. L. Kapoor v. Emperor, A.I.R. 1937 Lahore 547, R. L.

Mazumdar v. Alfred Ernest,A.I.R. 1959 Cal. 64; referred to.

(3) S. 138 only requires that an application should be made by or on behalf of the railway administration. It does not require that any particular person holding a particular post should be authorised to file a complaint.[399 A-B]

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Extract

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Union Of India And Anr. VS. B. N. Prasad

PETITIONER: UNION OF INDIA AND ANR.

Vs.

RESPONDENT: B. N. PRASAD

DATE OF JUDGMENT09/12/1977

BENCH: FAZALALI, SYED MURTAZA

BENCH: FAZALALI, SYED MURTAZA

SINGH, JASWANT

CITATION: 1978 AIR 411 1978 SCR (2) 397 1978 SCC (2) 462

ACT: Railway Act, 1882, s. 138-Whether envisages any particular person holding a particular post be authorised to file a complaint--Interpretation ...

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