The question before the High Court was whether, for want of identity card, season ticket carried and possessed by the applicant-passenger, would be invalid?
The Central government had placed reliance on instructions issued by the Railway Ministry which mandated that it is necessary for the passenger to produce the identity card along with the season ticket failing which the season ticket will be invalid and passenger will be treated without ticket.
The Court, however, said that non-production of identity card along with the season ticket by a passenger, who had sustained injury due to accidental fall, itself would not render valid season ticket, invalid.
In this regard the Court said,
“First reason is that, applicant was travelling with valid and proper season ticket. Therefore, he was “Passenger” within the meaning of Section 2(29) of the Act. Second reason is, instructions relied on by the Railways, cannot be said to be ‘mandatory’ and therefore would not render, proper season ticket, automatically invalid for non-production of identity card.”
Further, in terms of provisions of Section 54 of the Railways Act of 1989, every passenger shall, on demand by any railway servant present his “pass” or “ticket” to such railway servant for examination during the journey.
Therefore, passenger producing proper season ticket without, identify card, ipso-facto, would not render season ticket, improper and/or invalid, unless, it is proved that passenger was using season ticket, that was issued in the name of another person, the Court explained.
Although Section 53 of the Act prohibits transfer of ‘certain tickets’ however, it was not respondent’s case that, season ticket produced by the applicant was issued in the name of another person.
“Appellant had produced the valid season ticket bearing his signature and also journey extension tickets, which bore season ticket no.62490200. The signature of the appellant on season ticket, was not disputed by the Railways. Moreover, season ticket and the journey extension tickets, were recovered, from the appellant while removing him at Hospital. In the circumstances, non-production of Identity Card along with season ticket, itself would not render proper season ticket, invalid,” the Court ruled.
Source: Barandbench
