Railway Act query reg. proper ticket definition.
Atul Kumar Khare
(Querist) 26 October 2010
This query is : Resolved
(1) I took up a journey as per the ticket details are given below:
Ticket Type: Unreserved ticket with no mention of train and anything about the distance restriction.
Date of Purchase and Journey: 09/08/2010
From Itarsi Jn to Bhopal Jn in a 2nd Class coach of a Super Fast train.
Journey actually performed by Tamil Nadu Super Fast Express.
(2) When I alighted at Bhopal Jn, the Railway TC demanded penalty saying that a minimum 600 KM journey is compulsory in Tamil Nadu express and that I violated this rule by taking up a journey less than this distance, thereby rendering my ticket invalid and improper under Section 55 of the Railway Act.
(3) I refused to pay on the ground that there was no mention of distance restrictions whatsoever on the ticket and on the train. Moreover, no such information was displayed anywhere in the railway station premises.
(4) He then showed me the concerned rule at Page No. C-18 in Western Zone Railway time table which is reproduced hereunder:
"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."
I still refused to pay the penalty saying that even this rule does not prohibit any person from taking up short distance journeys in so-called distance-restricted trains. Also, there is no mention of this rule on the ticket and elsewhere. On this, he replied that 'ignorance of rule/law is no excuse'.
Please guide me on the following points
(A) Whether my ticket is really invalid and improper under Section 55 or Railway Act.
(B) Whether the rule at above point no. (4) means that short distance journeys should not be made at all in the distance-restricted trains.
(C) If there is really a rule of distance restriction, is it not the obligation of railway to give such information at proper places such as on the face of ticket and display boards on trains.
(D) Whether 'ignorance of rule/law is no excuse' is applicable in my case? If it is, it implies that every passenger should read the Railway Act, and so many other rules before journey, even if he is going to perform his journey according to the ticket.
Thanks.
SAANJAAY GUPTAA
(Expert) 27 October 2010
There is nothing mentioned herein that you can not travel in the T N Super fast Train if you have valid ticket.
1.you didnt mentioned that whether T.E shows you the said act mentioning the Train in which you are travelling.
2.Your ticket is valid and you are liable to travel with that ticket as you paid the superfast charge.
3.yes you are right thare is no bar for travelling and also distance not mentioned.
4.ofcource ignorance of law is not excuse.
you can challege it before the competent tribunal as for the same.
Atul Kumar Khare
(Querist) 28 October 2010
The Railway TC did show the name of the Tamil Nadu Superfast Express train in the list of distance-restricted train.
But, my point is that the rule referred to by the TC (given at point no. 4 of my original query) does not imply that short distance journeys are not-at-all allowed in such trains.
I am of the opinion that as per as I comply to the particulars written on the ticket and displayed in the train/coach, I don't have to worry about the validity of my journey and ticket.
R.Ramachandran
(Expert) 28 October 2010
Dear Mr. Atul,
Before coming to finer points - let us consider the following points:
(1) No one is permitted to enter a reserved coach of any train without valid reservation.
(2) If some one is holding a valid ticket, but no reservation, only after checking up with the TC about the availability of accommodation one can enter.
Without first satisfying the above two conditions I would not be arguing.
Atul Kumar Khare
(Querist) 29 October 2010
I've already stated that I travelled exactly as per the ticket, that includes that I travelled in a class as mentioned in the ticket, i.e. 2nd Class General/unreserved.
R.Ramachandran
(Expert) 29 October 2010
Then you are absolutely right.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 November 2010
The problem with railways is that they frame rules which are not videly published.
Most of the time TC s work on the basis of circulars and inputs given by Head TC.
As the current position stands the distance restriction is applicable for certain specific long distance trains even in general compartments.This is done to avoid inconvenience to long distance passengers from short distance passengers.
So instead of getting trouble later you can just enquire while boarding the train.
