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2025 DAILYLAW 1781 (CHH)

SUO MOTO ITS OWN MOTION v. MR. SHASHANK KOSHTA

WPPIL/6/2025 · 2025-01-29

Shri Ravindra Kumar Agrawal

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:5249-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 6 of 2025 1 - Suo Moto Its Own Motion Regarding Illegal Drilling Of Locomotive Axels Which May Give Rise To Potential Threat To The Safety of Railway Passengers. ... Petitioner(s) versus 1 - Mr. Shashank Koshta Senior Divisional Electrical Engineer (TRS), Electric Loco Shed, Secr, Bilaspur Chhattisgarh And Resident Of Bhartiya Nagar Bilaspur, Chhattisgarh. 2 - The Union of India Through The Secretary, Ministry of Railways, Government of India, New Delhi. 3 - The CEO And Chairman Railway Board, Ministry Of Railways, New Delhi. 4 - The General Manager South East Central Railway, Bilaspur, Chhattisgarh. 5 - The Principal Chief Electrical Engineer SECR, Bilaspur. 6 - The Divisional Railway Manager SECR, Raipur Chhattisgarh. 7 - The Chief Electrical Loco Engineer South East Central Railway, Bilaspur Chhattisgarh. 8 - The Chief Safety Officer South East Central Railway, Bilaspur Chhattisgarh. 9 - The Sr. Divisional Electrical Engineer (Op) South East Central Railway, Bilaspur Chhattisgarh. 10 - The I.G. Cum Chief Security Commander South East Central Railway, Bilaspur Chhattisgarh. ... Respondent(s) For Respondents : Shri Ramakant Mishra, Deputy Solicitor General along with Ms. Shweta Rai, Advocates. Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J Digitally signed by INDRAJEET SAHU Date: 2025.01.31 14:23:45 +0530 2 Order on Board 29.01.2025 Per, Ramesh Sinha, CJ. 1 Initially, the present Public Interest Litigation was filed by the petitioner- Amosh Nag seeking following reliefs: “I. Direct an independent investigation by the CBI/SIT into the alleged illegal drilling of locomotive axles. II. Direct Indian Railways to conduct an immediate inspection of all locomotives. III. Direct the RDSO and Indian Railways to strengthen safety protocols. IV. Direct Legal action against all responsible individuals. V. Direct appropriate compensation measures for potential harm. VI. Direct public disclosure of the investigation findings. VII. Declare the strict enforceability of RDSO guidelines. VIII. Grant any other relief deemed fit by this Hon'ble Court.” 2 Subsequently, considering seriousness of the issues raised by the petitioner, this court took suo motu cognizance of the matter and directed the Divisional Railway Manager, South East Central Railway, Raipur, to file his personal affidavit in the matter vide order dated 13.01.2025. 3 In response to said order dated 13.01.2025, an affidavit has been filed by the Divisional Railway Manager, South East Central Railway, Raipur, the relevant contents of which is reproduced hereinbelow: “I, Dyanand S/o Shri Sachchidanand Singh, aged about 52 years, presently posted as Divisional Railway Manager, South East Central Railway, Raipur, Chhattisgarh do hereby solemnly affirm and state as under: 1. That, at present I am posted as Divisional Railway Manager, South East Central Railway, Raipur, Chhattisgarh. I am acquainted with the facts and circumstances of the present case. 2. That, it is most respectfully submitted that the above subject matter was listed for hearing on 13.01.2025 and Hon'ble Court 3 directed the answering respondent No. 06 to file affidavit regarding subject matter of the petition. 3. That, in compliance of the order dated 13.01.2025 passed by the Hon'ble Court, the deponent most respectfully submits as under: (i) That, the deponent submits that an expert committee was formed comprising with a safety and a technical officer who are well conversant with the operation and maintenance of electric locomotives. In Railways, all technical maintenance work is done as per the Research, Design and Standards Organization (RDSO) instruction and guidelines. The maintenance practices of the Electric Loco Shed, Bhilai were checked by the committee and it was observed that all axles maintenance works are carried out in accordance with the guidelines provided by the RDSO and no locomotives at the Electric Loco Shed, Bhilai has undergone drilling in violation of the RDSO rules. The axles of Locomotives are neither drilled nor any machinery for doing the said work is available in the Electric Loco Shed, Bhilai. A copy of the committee report is annexed herewith as Annexure R/1(Colly). (ii) That, the deponent submits that, the maintenance practices and records were checked of loco no. 31355, which was mentioned in the petition and no abnormalities in the locomotive were found by the committee. The axle mentioned in the petition is not in service since the last 3 years. (iii) That, the deponent submits that, the Railway administration is following the RDSO guidelines strictly with utmost care for safe operation of Locomotives. (iv) That, the deponent submits that Railway Administration is dedicated for public safety and no any activity has been carried out which is likely to endanger the safety of passengers and causing loss of national exchequer.” 4 By way of affidavit, it has been stated by the DRM that a committee of expert consisting two officers namely Saurabh Davaggar, Divisional Safety Officer and Amit Gupta, Divisional Electrical Engineer, have been constituted who have submitted their reports stating that no such drilling is being done in the locomotive wheels and all such wheels are being regularly monitored/checked. 5 In view of the aforesaid affidavit and report dated 24.01.2025, submitted by the Divisional Railway Manager, South East Central Railway, Raipur, the present Public Interest Litigation is disposed of 4 with the hope and trust that Railway should take all precautions with respect to issues raised in the present PIL which was filed by the petitioner. 6 The security money which was deposited by the petitioner shall be refunded back to him on payment of usual charge. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice inder 5 7 In compliance of court’s order dated 13.01.2025 an affidavit has been filed by the …….., which is reproduced hereinbelow: 8 It is stated that tender has already been awarded and the work of road construction from……...will be completed latest by 31.05.2025. 9 In view of aforesaid affidavit filed by the …...and also the submissions made by …..this PIL is disposed of …..