Most unfair litigants getting entertained and easily securing stay orders from CATs/Courts against railway

It’s a matter of grave concern that in recent months even the most unfair litigations against Railway Administration have started getting entertained and the litigants have been most easily securing stay orders from CATs/ Courts.

Almost anyone who has the time, intention and resources to approach a court can keep matters pending in the courts indefinitely. “This is very disheartening for field officers as we are often helpless and practically reduced to being mute spectators while this misuse of the well-meaning provisions for judicial redress continue with impunity”, said a field officer.

As per the information got from the reliable sources, In the Waltair Division, East Coast Railway, one Group-D commercial staff who wants to be promoted to Group-C without any exams or proper procedure etc (purportedly for having done some ticket checking durindg the Covid days) has practically got the support of CAT and successfully engaged the entire system in litigation for months.

Another Group-C staff of the Track machines Wing of the same Division has stalled a DA case which was progressing strictly as per the laid down rules and procedures.

An officer got stay almost overnight against his transfer on administrative grounds and quickly lodged false police complaints under the Atrocities act against 7 of his colleagues including 3 of his seniors to black mail the Railway Administration!

A notorious employee with criminal records dismissed from service for the second time after multiple convictions in the court of law secured a stay from a single judge of a High Court without even a chance to the Railway standing Counsel to be heard.

Date after date is often given by the courts to help the litigants almost in all cases. The only sufferer in this labyrinthine process is public interest.

This was not the case earlier when Courts use to flatly refuse to entertain, let alone grant stay, transfer cases etc which were as per procedure and were primafacie bona-fide actions of administration.

One senior office said, “This is about time the apex management legislates clearly and strongly to discourage litigant attitude among the staff, officers and stake holders. Best available lawyers should also be hired by railway administration to fight cases successfully. The right message must go across to all concerned.”

Whereas genuine cases are being deliberately delayed for years, in a case of South East Central Railway for illegal transfer of posts from the Public Relations department to another department without revision of recruitment rules is pending for more than 7 years whereas in a similar case pertaining to same department means the Public Relations department has been well settled by the highest court i.e. Supreme Court.

Railway management is unnecessarily harassing the cadre officers of the Public Relations department and not giving their justified promotion to the JAG. If all the original posts of the Public Relations department is notified in the gazette of India notification 1982, they will get their promotion in due course. This is the irony of more qualified people of Indian Railways.