Railway Act, Section 55 and 138
Atul Kumar Khare
(Querist) 15 December 2010
This query is : Resolved
Situation:
A passenger takes 2nd class unreserved journey ticket and performs journey exactly as per all the details printed on the ticket. Still, when he arrives at the destination station, the railway staff penalises him for violation of Section 55 and 138 of Railway Act (JOURNEY WITHOUT PROPER TICKET).
Railway's staff says that, that particular train was restricted for journeys less than certain distance on specified portions of the train's route.
Passenger's Stand:
No such information on the ticket, ticket window or train and he has complied to all the information provided to him in the ticket.
My questions:
(1) Is it not the railway's fault not being able to accommodate such information on tickets issued for journeys less than certain distance and on certain routes?
(2) Is it justified to hold the passenger responsible for not having read the Zonal Railway Time Table which tells about such rule?
(3) Is it justified to penalise passenger in above situation?
(4) Whether the information provided in Zone Time Table (given below) CLEARLY prohibits such short-distance journeys and whether this constitutes any penalty payable by the passenger.
(5) Whether violation of Section 55 has been done.
In the light of the above, please give your CLEAR opinions.
-Atul Kumar Khare
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The rule from Western Zonal Railway Time Table: "This Zone has imposed distance restriction on certain long distance and superfast trains, to restrict short distance passengers from boarding these trains and encroaching upon accommodation earmarked for long distance passengers. However, short distance passengers can be booked in advance on these trains to the extent of intermediate station quota. Ticket checking staff on the station or on the train can allow passengers to travel against vacant accommodation, irrespective of the distance restriction, provided the passenger is holding a journey ticket for or short of the station upto which accommodation is available. Distance restrictions vary from train to train and are applicable to certain section of the journey."
PALNITKAR V.V.
(Expert) 16 December 2010
It is the duty of the railways to inform the passengers the restrictions it puts on trave. It should be printed at the back of ticket that it will not be valid for certain trains.
