Sunday, September 07, 2008
CARLA come in : A story written by Priyansh
My son Priyansh is seven years old and has written his first story. At least I know that at his age, I could not write like this. His story is reproduced below.
CARLA come in : A story by Priyansh
One day Deepak and Deepu were sitting under an apple tree. An apple fell on Deepu's head. He cried-" O god, what is that?". Deepak burst out laughing. Deepak and Deepu were brothers.Deepak was elder to Deepu by 04 years and was studying in class 9th. Deepu was still very young and was studying in class 5th. Deepu asked Deepak-"why do apples fall down, why don't they fly upwards like birds?" Deepak said-"Our earth has gravitation force with which all things come down." Deepu asked-"What is gravitation force?" Deepak said-"The power which pulls all the things down. But at this time you are very young. As you grow up you will learn on your own." Next day, the school reopened and Deepu was very happy because he was going to study universe subject first time. The teacher first asked everyone how their were spent. After some time, the teacher started-" Today I am going to teach the chapter "Our Solar System". Children, there are nine planets in the solar system. they all take a round around the sun. Our earth is one of them. It is the only planet which has life." The children were listening attentively. Teacher further said-"Mercury is the first planet and Pluto is the last but i would like to tell you that Pluto is not a planet now. Rather, Carla is going to come in the Solar System. But it will take time. Deepu hated this. he thought-" Why it will take time?" Then the bell rang and the period got over.Even when he reached home, he was not convinced. One day his father told him-" You are selected in Junior Astronaut Competition". With other selected children, Deepu was sent to space.There, he heard a voice-"so, you have come." Deepu looked back. He saw a medium sized white shining object. He asked " Who are you?" It said-"Don't you recognize me? I am Carla, your loving Carla. I know you were very sad when you got the information that I will take time to be part of the Solar System. "Yes"-Said Deepu-" I felt that a child will take time to be born". "Well"-Said Deepu-"How much time you will take to be part of the Solar System?" "About two years"- replied Carla. At that moment the spaceship started shaking and Deepu screamed. When he opened his eyes, he saw his mother in front of him. He could not understand whether it was a dream or a reality.
Saturday, August 23, 2008
Subject:- Community participation in Railway Policing
The RPF has been bestowed with the responsibility of protection of passengers and passenger area w.e.f. 1.7.2004. It was necessitated by the fact that GRP was found wanting in giving the desired output. RPF has taken up this additional responsibility with élan and is deploying a sizeable number of staff for train escorting and access control duties.
However, keeping in vie the number of passengers traveling in trains, the number of trains running and the large number of passenger interface areas, it is difficult nigh impossible for the RPF to do this work with its present resources.
A proposal is being processed for sanction of additional manpower. There are other proposals for procurement of modern equipments e.g. CCTVs, bomb detection and disposal equipments etc. which will definitely help in achieving the desired objective. RPF staff are also being trained in intelligence collection, conducting enquiry etc. to equip them with modern techniques. However, the above efforts will not be sufficient to match the challenge on hand.
Therefore, it is necessary to involve others also in tackling the above problems. The concept of community policing may be implemented to solve this problem.
The following groups are closely associated with passengers and passenger area:-
1. Daily passengers:- Passengers associations may be involved to get valuable inputs regarding criminals operating in the sections.
2. Authorised vendors / hawkers:- Since they are regularly operating in a station / section, they may be involved to get information about noticing anti-social elements, suspicious movements etc.
3. Authorised porters:- In all important stations, they may be an important source of information.
4. TTEs/ Guards :-They are running regularly in particular sections, and can be source of invaluable information.
5. TCs / ASMs / SMs ;- their area of activity is platform, and they might also give important suggestion / information.
It is possible that even now some of the IPFs are taking use of the above in their individual capacity. However, to reap maximum benefits at all levels, we may institutionalize the involvement of the above groups in regular policing work and making them partner in the mission of making the Railways, a crime free area.
We may start Community Railway Policing Centres (CRPC) at all posts / outposts under leadership of Post commanders / OP incharges. They may be advised to conduct monthly meetings with the above groups. The GRP should also be involved in such meetings.
To motivate involvement of the above groups, rewards can be given for (1)suggestions leading to important improvements in system, and
(2) information leading to arrest of criminals.
We may also print posters so that people having any information can give the same in CRPCs.
BY AJOY SADANY, SENIOR DIVL SECURITY COMMISSIONER/RPF, SECUNDERABAD
However, keeping in vie the number of passengers traveling in trains, the number of trains running and the large number of passenger interface areas, it is difficult nigh impossible for the RPF to do this work with its present resources.
A proposal is being processed for sanction of additional manpower. There are other proposals for procurement of modern equipments e.g. CCTVs, bomb detection and disposal equipments etc. which will definitely help in achieving the desired objective. RPF staff are also being trained in intelligence collection, conducting enquiry etc. to equip them with modern techniques. However, the above efforts will not be sufficient to match the challenge on hand.
Therefore, it is necessary to involve others also in tackling the above problems. The concept of community policing may be implemented to solve this problem.
The following groups are closely associated with passengers and passenger area:-
1. Daily passengers:- Passengers associations may be involved to get valuable inputs regarding criminals operating in the sections.
2. Authorised vendors / hawkers:- Since they are regularly operating in a station / section, they may be involved to get information about noticing anti-social elements, suspicious movements etc.
3. Authorised porters:- In all important stations, they may be an important source of information.
4. TTEs/ Guards :-They are running regularly in particular sections, and can be source of invaluable information.
5. TCs / ASMs / SMs ;- their area of activity is platform, and they might also give important suggestion / information.
It is possible that even now some of the IPFs are taking use of the above in their individual capacity. However, to reap maximum benefits at all levels, we may institutionalize the involvement of the above groups in regular policing work and making them partner in the mission of making the Railways, a crime free area.
We may start Community Railway Policing Centres (CRPC) at all posts / outposts under leadership of Post commanders / OP incharges. They may be advised to conduct monthly meetings with the above groups. The GRP should also be involved in such meetings.
To motivate involvement of the above groups, rewards can be given for (1)suggestions leading to important improvements in system, and
(2) information leading to arrest of criminals.
We may also print posters so that people having any information can give the same in CRPCs.
BY AJOY SADANY, SENIOR DIVL SECURITY COMMISSIONER/RPF, SECUNDERABAD
AVAILING LEAVE IS SO EASY !!!!!!!!
Suddenly one of the employees in a Company took 10 days leave without any notice. When he returned his boss asked for explanation. The employee replied "Sir, my mom died unexpectedly". The boss let it go at that.
After 3 months the same pattern repeated, and this time he said his father died. Then the Boss got transferred and a new Boss reported for duty. After 3 months the same pattern repeated. And the employee gave the explanation that his mom died. After 3 months same thing again... And this time his father died. This happened repeatedly for 2 years.
At the end, the Boss checked his checked his past records, called him and told him, "I have caught you red handed, How come in the past 2 years, your mom has died 5 times, and your dad has died five times?"
To which the guy said, "Sir, my mom died and my father
remarried. Then my father died and my new mom remarried. Then my mom died and the new father remarried. This has been going on and on and on………….!
The boss ………………!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
After 3 months the same pattern repeated, and this time he said his father died. Then the Boss got transferred and a new Boss reported for duty. After 3 months the same pattern repeated. And the employee gave the explanation that his mom died. After 3 months same thing again... And this time his father died. This happened repeatedly for 2 years.
At the end, the Boss checked his checked his past records, called him and told him, "I have caught you red handed, How come in the past 2 years, your mom has died 5 times, and your dad has died five times?"
To which the guy said, "Sir, my mom died and my father
remarried. Then my father died and my new mom remarried. Then my mom died and the new father remarried. This has been going on and on and on………….!
The boss ………………!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Read and have fun!!!
SHOP NOTICES
In a bargain basement: Don't go to another shop to be cheated - come in here.
In a hotel: All the fire extinguishers must be examined at least ten days before any fire.
In another hotel: Customers should note that any complaints about rudeness in the staff will be dealt with very severely.
In a Bucharest hotel lobby: The lift is being fixed for the next day. During that time we regret that you will be unbearable.
In a Norwegian cocktail lounge: Ladies are requested not to have children in the bar.
In an Acapulco hotel: The manager has personally passed all the water served here.
---------------
1. Nobel Prize winers
"Economics is the only field in which two people can share a Nobel Prize for saying opposing things." Specifically, Myrdahl and Hayek shared one. By Roberto Alazar
QUOTES TAKEN FROM ACTUAL PERFORMANCE EVALUATIONS
"Since my last report, this employee has reached rock bottom and has started to dig."
"I would not allow this employee to breed."
"Works well when under constant supervision and cornered like a rat in a trap."
"When she opens her mouth, it seems that this is only to change whichever foot was previously in there."
"He sets low personal standards and then consistently fails to achieve them."
"This employee is depriving a village somewhere of an idiot."
"This employee should go far-and the sooner he starts, the better."
ANSWERING MACHINE MESSAGES
Hi. This is John. If you are the phone company, I already sent the money. If you are my parents, please send money. If you are my financial aid institution, you didn't lend me enough money. If you are my friends, you owe me money.
Hi. I am probably home. I'm just avoiding someone I don't like. Leave me a message, and if I don't call back, it's you.
Funny Instruction Labels
On Sears hairdryer: Do not use while sleeping. (Gee, that's the only time I have to work on my hair!)
On some Swann frozen dinners: Serving suggestion: Defrost. (But it's 'just' a suggestion!)
On Tesco's Tiramisu dessert: (printed on bottom of the box) Do not turn upside down. (Too late! you lose!)
On Marks & Spencer Bread Pudding: Product will be hot after heating. (Are you sure? Let's experiment.)
On a string of Christmas lights: For indoor or outdoor use only. (As opposed to use in outer space.)
On a food processor: Not to be used for the other use. (Now I'm curious.)
On an American Airlines packet of nuts: Instructions: open packet, eat nuts. (somebody got paid big bucks to write this one...)
College Entrance Exam
College Football Player Edition Time Limit: 3 weeks You must answer two or more questions correctly to qualify!
1.) What language is spoken in France?
2.) Give a dissertation on the ancient Babylonian Empire with particular reference to architecture, literature, law and social conditions OR Give the first name of PIERRE Trudeau.
3.) Would you ask William Shakespeare to: (a) build a bridge (b) sail the ocean (c) lead an army (D) WRITE A PLAY
4.) What religion is the Pope? (Check only one) (a) Jewish (B) CATHOLIC (c) Hindu (d) Swedish (e) Agnostic
5.) Metric conversion. How many feet in 0.0 meters?
6.) What time is it when the big hand is on the 12 and the little hand is on the 1?
7.) How many commandments was Moses given? (Approximate)
8.) What are people in America's far north called? (a)Westerners (b)Southerners (C)NORTHERNERS
9.) Spell - CAT, DOG, PIG
10.) Six kings of England have been called George, the last one being George the sixth. Name the previous five.
11.) Where does rain come from? (a) Macy's (b) 7-11 stores (c) cats and dogs (D) THE SKY
12.) Can you explain Einsteins's theory of relativity? (a) Yes (b) No
13.) What are coat hangers used for?
15.) Explain Le Chateliers Principle of Dynamic Equilibrium. OR Spell your name in BLOCK LETTERS
16.) Where is the basement in a three story building located?
17.Which part of America produces the most oranges? (a) Nigeria (b) Florida (c) Canada (d) Australia
18.) If you have 3 apples, how many apples do you have?
19.) What is the phone number for 911?
21.) If Sacramento is the state capitol of California, what is the state capitol of California?
22.) Where does wood come from? (a) TREES (b) Asphalt (c) Steel
---------------
Lawyer One-Liners
What is the difference between a tick and a lawyer? * A tick falls off of you when you die.
What do you have when 100 lawyers are buried up to their neck in sand? * Not enough sand.
Why are lawyers like nuclear weapons? * If one side has one, the other side has to get one. Once launched, they cannot be recalled.
Lawyer's creed: * A man is innocent until proven broke.
I saw a lawyer with his hands in his own pockets.
A man walked into a lawyer's office and inquired about the lawyer's rates. "$50.00 for three questions", replied the lawyer. "Isn't that awfully steep?" asked the man. "Yes," the lawyer replied, "and what was your third question?" You're trapped in a room with a tiger, a rattlesnake and a lawyer. You have a gun with two bullets. What should you do? * You shoot the lawyer. Twice.
GEORGE BUSH, JR. WITH HIS BLOOPERS
"If we don't succeed, we run the risk of failure." ...George W. Bush, Jr.
"I have made good judgments in the past. I have made good judgments in the future." ...Governor George W. Bush, Jr.
"When I have been asked who caused the riots and the killing in LA, my answer has been direct & simple: Who is to blame for the riots? The rioters are to blame. Who is to blame for the killings? The killers are to blame. ...George W. Bush, Jr.
"We have a firm commitment to NATO, we are a part of NATO. We have a firm commitment to Europe. We are a part of Europe." ...Governor George W. Bush, Jr.
"It isn't pollution that's harming the environment. It's the impurities in our air and water that are doing it." ...Governor George W. Bush, Jr.
"A low voter turnout is an indication of fewer people going to the polls." ...Governor George W. Bush, Jr.
"We are ready for any unforeseen event that may or may not occur." ...Governor George W. Bush, Jr., 9/22/97
"For NASA, space is still a high priority." ...Governor George W. Bush, Jr., 9/5/93
"We're all capable of mistakes, but I do not care to enlighten you on the mistakes we may or may not have made." ...Governor George W. Bush, Jr.
"[It's] time for the human race to enter the solar system." ...Governor George W. Bush, Jr.
WHAT IS LOVE?
A group of professional people posed this question to a group of 4 to 8 year-olds, "What does love mean?" The answers they got were broader and deeper than anyone could have imagined. See what you think.
"When you tell someone something bad about yourself and you're scared they won't love you anymore. But then you get surprised because not only do they still love you, they love you even more." Matthew - age 7
"When my grandmother got arthritis, she couldn't bend over and paint her toenails anymore. So my grandfather does it for her all the time, even when his hands got arthritis too. That's love." Rebecca- age 8
"When someone loves you, the way they say your name is different. You know that your name is safe in their mouth." Billy - age 4
"Love is when someone hurts you. And you get so mad but you don't yell at them because you know it would hurt their feelings." Samantha - age 6
"Love is what makes you smile when you're tired." Terri - age 4
"Love is when my mommy makes coffee for my daddy and she takes a sip before giving it to him, to make sure the taste is OK." Danny - age 7
"Love is like a little old woman and a little old man who are still friends even after they know each other so well." Tommy - age 6
"During my piano recital, I was on a stage and scared. I looked at all the people watching me and saw my daddy waving and smiling. He was the only one doing that. I wasn't scared anymore." Cindy - age 8
"You really shouldn't say 'I love you' unless you mean it. But if you mean it, you should say it a lot. People forget." Jessica - age 8
And Finally
Why is the man who invests all your money called a broker?
If it's true that we are here to help others, then what exactly are the others here for?
No one ever says, "It's only a game" when their team is winning.
In a bargain basement: Don't go to another shop to be cheated - come in here.
In a hotel: All the fire extinguishers must be examined at least ten days before any fire.
In another hotel: Customers should note that any complaints about rudeness in the staff will be dealt with very severely.
In a Bucharest hotel lobby: The lift is being fixed for the next day. During that time we regret that you will be unbearable.
In a Norwegian cocktail lounge: Ladies are requested not to have children in the bar.
In an Acapulco hotel: The manager has personally passed all the water served here.
---------------
1. Nobel Prize winers
"Economics is the only field in which two people can share a Nobel Prize for saying opposing things." Specifically, Myrdahl and Hayek shared one. By Roberto Alazar
QUOTES TAKEN FROM ACTUAL PERFORMANCE EVALUATIONS
"Since my last report, this employee has reached rock bottom and has started to dig."
"I would not allow this employee to breed."
"Works well when under constant supervision and cornered like a rat in a trap."
"When she opens her mouth, it seems that this is only to change whichever foot was previously in there."
"He sets low personal standards and then consistently fails to achieve them."
"This employee is depriving a village somewhere of an idiot."
"This employee should go far-and the sooner he starts, the better."
ANSWERING MACHINE MESSAGES
Hi. This is John. If you are the phone company, I already sent the money. If you are my parents, please send money. If you are my financial aid institution, you didn't lend me enough money. If you are my friends, you owe me money.
Hi. I am probably home. I'm just avoiding someone I don't like. Leave me a message, and if I don't call back, it's you.
Funny Instruction Labels
On Sears hairdryer: Do not use while sleeping. (Gee, that's the only time I have to work on my hair!)
On some Swann frozen dinners: Serving suggestion: Defrost. (But it's 'just' a suggestion!)
On Tesco's Tiramisu dessert: (printed on bottom of the box) Do not turn upside down. (Too late! you lose!)
On Marks & Spencer Bread Pudding: Product will be hot after heating. (Are you sure? Let's experiment.)
On a string of Christmas lights: For indoor or outdoor use only. (As opposed to use in outer space.)
On a food processor: Not to be used for the other use. (Now I'm curious.)
On an American Airlines packet of nuts: Instructions: open packet, eat nuts. (somebody got paid big bucks to write this one...)
College Entrance Exam
College Football Player Edition Time Limit: 3 weeks You must answer two or more questions correctly to qualify!
1.) What language is spoken in France?
2.) Give a dissertation on the ancient Babylonian Empire with particular reference to architecture, literature, law and social conditions OR Give the first name of PIERRE Trudeau.
3.) Would you ask William Shakespeare to: (a) build a bridge (b) sail the ocean (c) lead an army (D) WRITE A PLAY
4.) What religion is the Pope? (Check only one) (a) Jewish (B) CATHOLIC (c) Hindu (d) Swedish (e) Agnostic
5.) Metric conversion. How many feet in 0.0 meters?
6.) What time is it when the big hand is on the 12 and the little hand is on the 1?
7.) How many commandments was Moses given? (Approximate)
8.) What are people in America's far north called? (a)Westerners (b)Southerners (C)NORTHERNERS
9.) Spell - CAT, DOG, PIG
10.) Six kings of England have been called George, the last one being George the sixth. Name the previous five.
11.) Where does rain come from? (a) Macy's (b) 7-11 stores (c) cats and dogs (D) THE SKY
12.) Can you explain Einsteins's theory of relativity? (a) Yes (b) No
13.) What are coat hangers used for?
15.) Explain Le Chateliers Principle of Dynamic Equilibrium. OR Spell your name in BLOCK LETTERS
16.) Where is the basement in a three story building located?
17.Which part of America produces the most oranges? (a) Nigeria (b) Florida (c) Canada (d) Australia
18.) If you have 3 apples, how many apples do you have?
19.) What is the phone number for 911?
21.) If Sacramento is the state capitol of California, what is the state capitol of California?
22.) Where does wood come from? (a) TREES (b) Asphalt (c) Steel
---------------
Lawyer One-Liners
What is the difference between a tick and a lawyer? * A tick falls off of you when you die.
What do you have when 100 lawyers are buried up to their neck in sand? * Not enough sand.
Why are lawyers like nuclear weapons? * If one side has one, the other side has to get one. Once launched, they cannot be recalled.
Lawyer's creed: * A man is innocent until proven broke.
I saw a lawyer with his hands in his own pockets.
A man walked into a lawyer's office and inquired about the lawyer's rates. "$50.00 for three questions", replied the lawyer. "Isn't that awfully steep?" asked the man. "Yes," the lawyer replied, "and what was your third question?" You're trapped in a room with a tiger, a rattlesnake and a lawyer. You have a gun with two bullets. What should you do? * You shoot the lawyer. Twice.
GEORGE BUSH, JR. WITH HIS BLOOPERS
"If we don't succeed, we run the risk of failure." ...George W. Bush, Jr.
"I have made good judgments in the past. I have made good judgments in the future." ...Governor George W. Bush, Jr.
"When I have been asked who caused the riots and the killing in LA, my answer has been direct & simple: Who is to blame for the riots? The rioters are to blame. Who is to blame for the killings? The killers are to blame. ...George W. Bush, Jr.
"We have a firm commitment to NATO, we are a part of NATO. We have a firm commitment to Europe. We are a part of Europe." ...Governor George W. Bush, Jr.
"It isn't pollution that's harming the environment. It's the impurities in our air and water that are doing it." ...Governor George W. Bush, Jr.
"A low voter turnout is an indication of fewer people going to the polls." ...Governor George W. Bush, Jr.
"We are ready for any unforeseen event that may or may not occur." ...Governor George W. Bush, Jr., 9/22/97
"For NASA, space is still a high priority." ...Governor George W. Bush, Jr., 9/5/93
"We're all capable of mistakes, but I do not care to enlighten you on the mistakes we may or may not have made." ...Governor George W. Bush, Jr.
"[It's] time for the human race to enter the solar system." ...Governor George W. Bush, Jr.
WHAT IS LOVE?
A group of professional people posed this question to a group of 4 to 8 year-olds, "What does love mean?" The answers they got were broader and deeper than anyone could have imagined. See what you think.
"When you tell someone something bad about yourself and you're scared they won't love you anymore. But then you get surprised because not only do they still love you, they love you even more." Matthew - age 7
"When my grandmother got arthritis, she couldn't bend over and paint her toenails anymore. So my grandfather does it for her all the time, even when his hands got arthritis too. That's love." Rebecca- age 8
"When someone loves you, the way they say your name is different. You know that your name is safe in their mouth." Billy - age 4
"Love is when someone hurts you. And you get so mad but you don't yell at them because you know it would hurt their feelings." Samantha - age 6
"Love is what makes you smile when you're tired." Terri - age 4
"Love is when my mommy makes coffee for my daddy and she takes a sip before giving it to him, to make sure the taste is OK." Danny - age 7
"Love is like a little old woman and a little old man who are still friends even after they know each other so well." Tommy - age 6
"During my piano recital, I was on a stage and scared. I looked at all the people watching me and saw my daddy waving and smiling. He was the only one doing that. I wasn't scared anymore." Cindy - age 8
"You really shouldn't say 'I love you' unless you mean it. But if you mean it, you should say it a lot. People forget." Jessica - age 8
And Finally
Why is the man who invests all your money called a broker?
If it's true that we are here to help others, then what exactly are the others here for?
No one ever says, "It's only a game" when their team is winning.
Friday, August 01, 2008
why people play pranks with the lives of others???
Last night, an unidentified caller called Railway Call Centre and informed that there was a bomb on board the Chitrakut Express. The train connects Jabalpur and Lucknow Stations and runs fully packed. The information was received at 930 PM and the train was immediately stopped at a road side station Jukehi. The station does not have properpassenger amenities.The Railway and Police administration geared up for the task ahead. The passengers were appealed to keep their calm. dog squad, Bomb detection units were summoned from nearest stations Katni and Satna. The train was thouroughly checked over and over again. No explosive was found. The call was found to be false. It caused immense misery to travelling passengers and huge loss of government revenue.
Why do some people resort to such tactics? In the times of strife and pain such as this, when we are greaving the loss of human lives in bengaluru and Ahmedabad, why our brethern commit these irresponsible acts? It is time we identified these unscrupulous people and taught them suitable lessons.
Why do some people resort to such tactics? In the times of strife and pain such as this, when we are greaving the loss of human lives in bengaluru and Ahmedabad, why our brethern commit these irresponsible acts? It is time we identified these unscrupulous people and taught them suitable lessons.
Thursday, July 24, 2008
LKO HIGH COURT JUDGEMENT REGARDING DUALITY OF SECURITY ARRANGEMENTS OVER INDIAN RAILWAYS
IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH, LUCKNOW .
FIRST APPEAL FROM ORDER NO. 134 OF 1998 (Bench)
(u/s 23 of Railway Claims Tribunal Act)
Union of India THROUGH The General Manager, Northern Railway, Baroda House, New Delhi (Defendant)
APPELLANT
VERSUS
1. Smt. Asha Bajpai aged about 44 years widow of late Krishna Kishore
Bajpai.
2. Ashish Bajpai aged about 19 years son of late Krishna Kishore Bajpai.
3. Kumari Ankita Bajpai aged about 16 years daughter of late Krishna Kishore Bajpai.
Minor under the guardianship of her next friend and real mother Smt. Asha Bajpai. All the respondents are resident of 134/361, Bashiratganj, P.S. Naka Hindola, Lucknow .
RESPONDENTS
4. The State of U.P. through Secretary (Home), Secretariat, Lucknow , UP.
First Appeal From Order against the award dated 24.11.1997 passed by the Railway Claims Tribunal, Lucknow Bench, Lucknow in case no.O.A.9700006 who awarded the compensation to the respondents to the tune of Rs.2,00,000/-
NATURE OF THE CLAIM:
Compensation u/s 16 of the Railway Claims Tribunal Act.
Reserved
First Appeal From Order No.134 of 1998
Union of India ………………………….Appellant
Versus
Smt. Asha Bajpai………………………..Respondent
Alongwith
F.A.F.O.Nos.363 of 2002 and 100 of 2003
Hon. S.N. Srivastava, J.
Hon. S.S. Chauhan, J.
Pursuant to the order of this Court dated 3.5.2007, Railways as well as State of U.P. reeled out certain details on the basis of which this Court by a detailed order dated 23.5.2007 enjoined the Railways, the Department of Home, the State of U.P. and other concerned authorities in the Government Railway Police and the Railway Board to convene a meeting and initiate deliberations over the rising trend of incidents/accidents and converge to a consensus over preventive measures and take a policy decision with a view to improving the working of the Government Railway Police and Railway Protection Force in order to ensure safety and security of person and property of passengers by 15th July, 2007 attended with direction to take policy decision as regards joint responsibility of the officers of Railway, G.R.P and R.P.F. followed by direction to consider the viability of manning each and every reserved and unreserved compartments in such a manner that duty conductors/T.T.E./Police Escort do not leave the compartment unattended and must be made to exercise strict vigil particularly at the place of scheduled halt. In the light of the above directions, it it has been informed that meeting was convened on 17.7.2007 attended by various authorities and the quintessence of the decision taken therein was that it would necessitate increase in the strength of police personnel and allocation of more funds for the purpose. The relevant details enumerated at page 7 of the order dated 1.8.2007 are excerpted below.
"With regard to viability of manning each reserved and unreserved compartments by TTE/GRP Staff, special secretary informed that with the present sanctioned strength of GRP manning of each reserved and unreserved compartments is not practically feasible. Assistance from Railways will be required to increase the strength of GRP since Railway has to bear the 50% of the expenditure on GRP.
ADG/RPF mentioned that at present more than 1400 mail/express/passenger trains are being escorted by the RPF and more than 2200 such trains are being escorted by GRP daily on an average. Manning such unreserved and reserved coaches of all trains will require additional resources and man-power of a very high order and economic viability of the proposal which may be uncertain taking into account the large number of trains (more than 15000) operated over Indian Railways.
EDPM/Railway Board in regard to manning of each reserved and unreserved coaches mentioned that Railway has no policy in vogue to man unreserved compartments by TTEs. At present there are approximately 5000 number of trains, having approximately 16000 reserved coaches and 11000 unreserved coaches. The present sanctioned strength of approximately 300000 TTEs is not sufficient to even man all reserved coaches. The Railways are further increasing the unreserved coaches in the train and it is not at all viable to man all the coaches by the TTEs.
However, it was agreed that more TTEs/GRP/RPF can be detailed selectively in vulnerable areas/sections/trains, instead of manning each and every reserved and unreserved compartment of all the trains. Instructions may be issued to GRP/RPF escorts to focus on unreserved coaches at originating stations during half at all possible stations en route. Special Squads comprising lady ticket checking staff and lady constables are already being deployed for conducting surprise checks in the ladies compartments to prevent crime against women passengers."
By means of the self same order, this Court enjoined the Railways to pinpoint the responsibility of the Railways in so far as passengers to whom wait listed tickets are issued while charging amount equal to those who are issued ticket against available berths as well as charges to be made to maintain law and order, public order, registration of crime (method and competence), investigation, safety and security of Railway Stations, trains and other connected places. The matter was heard again and after elaborate hearing judgment was reserved on 10th August 2007. During pendency of the case, the Railways made available detailed information and documents. Apart from information and documents supplied by the Railways, it is also pleaded by learned counsel appearing for Railways that in so far as financial and fiscal performance in juxtaposition with passenger earnings are concerned, the same are indicated in enclosure I to the documents brought on record according to which passenger earning in the year 2005-06 was Rs.15,126.00 crores, Rs. 16,800 crores in the year 2006-07 and Rs. 17,400.00 crores in the year 2006-07. The earnings from goods are indicated to be Rs. 36,286.97 in the year 2005-06, Rs. 40,320.00 in the year 2006-07 and Rs.42,299.00 in the year 2006-07. It is also indicated that in the current Railway Budget, instead of enhancing the fare, the price has been reduced by Re.1/- on each ticket benefiting million of Railway commuters every day. The figure further shows that reduction of price of ticket in average comes to about 16% in cases of passengers of short distance, local trains and E.M.U train travelers. It is also indicated that on account of this, the Indian Railways is in deficit in running and maintaining passenger trains. It is also indicated that the Railway is expending on social service obligation as well, the precise details of which are that certain essential commodities of mass consumption like sugarcane, paper, livestock etc. are being transported at subsidized rate below the cost of operation in order to contain their market prices. The total loss being suffered by the Railways on the movement of these commodities is indicated to the tune of Rs.6566.13 crores. According to further details, the Railway is contributing a lot and rendering a yeoman service for social obligations and for development of infrastructure in various fields. Under the heading "A few salient outcome of Rail Operations", it has been disclosed that in the year 2007, 38(24) new trains have been introduced; total 140 trains have been made super-fast, frequency of 106 trains has been increased; 360 trains have been speeded up. It is further revealed that in the year 2005, 360 trains have been speeded up and 26 trains have been made super fast. It is further indicated that the Ministry of Railways has strived to reduce losses in coaching services without resorting to any increase in burden on passengers by way of increase in fares. This has been, it is indicated, partly achieved through improved operation and maintenance practices which augment capacity in terms of berths available without resorting to additional expenditure on new coaches and the result is that the Railway has been able to save nearly 380 coaches and 20 maintenance slots by amalgamation of rakes and further 120 locomotives have been saved and released for freight traffic/additional services. Modernization of stations has also been done at some of the station the details of which are contained in the counter affidavit. It is also mentioned that easier ticketing has also been introduced to facilitate purchase of tickets by passengers from convenient and numerous locations without their needing to go to the Railway counter. It is also indicated that the Railways has undertaken measures like e-ticketing. To augment cleanliness in coaches, operation 'clean train station' has been introduced at Ratlam station and thereafter, the facilities have been extended to 25 more stations. In so far as catering facility is concerned, it is indicated that 14 food plazas have already been allotted and 12 more such food plazas are under finalisation. Further a total 366 sites have been allotted for water vending machines, 27 milk stalls have been commissioned and sites for 249 stalls have been allotted since last 3 months to various cooperative milk federations. In order to augment tourism, it is indicated that Bharat Darshan, a tourist train for the common people has been introduced consisting of ordinary sleeper class coaches running on a pre-determined schedule and taking the tourists to important places of religious and historical importance at affordable costs. Attention has also been drawn to letter dated 8.7.2002 in which are contained the rules and procedure for unreserved ticketing system. Circular no.52 of 2006 has also been brought to the notice of the Court containing details of liberalization of refund rules contained under Rule 213 of IRCA Coaching Tariff vide Enclosure no.6. The details of cancellation in different classes i.e. from A.C. I to sleeper class are contained in Enclosure 8 to the circular. The procedure for advance reservation is also prescribed in the self same enclosure. Enclosure no.11 unfolds details about safety measures. It is claimed therein that various safety measures have been introduced as a result of which there is steep fall in the figures of train accidents. The figures disclosed are 473 in 2000-01, 415 in 2001-02, 351 in 2002-03 and 325 in 2003-04 and further to 234 in 2005-06. The year-wise details are contained in the chart to Enclosure no.11 that while protecting Railway property and passengers in the year 2005-06, Railway Protection Force personnel faced armed encounters with criminals on 13 occasions in which 5 criminals were gunned down. It is further revealed that during these operations, 6 R.P.F. personnel were lost their lives while 8 personnel were injured.
From a perusal of enclosure 11, it would transpire that the last committee, namely, Railway Safety Review Committee was constituted in 1997 under the Chairmanship of Justice H.C. Khanna which had enlisted in the report various recommendations including a recommendation asking the Central Government for giving a one time grant of Rs. 15000 crores to the Railways to enable it to clear its arrears of replacement and renewals in a fixed time schedule.
The State of U.P. has also filed affidavit sworn by Rajendra Prasad Mishra posted as Special Secretary (Home) Government of U.P. Civil Secretariat Lucknow in which it is enumerated that police including Railway Police is a State subject under Entry no.2 of List II of the Seventh Schedule of the Constitution of India, 1950 and further that the Railway Police was Established as one District by the Government of India on 6.3.1912 and further that it was recognised as the police force for the purposes of the Code of Criminal Procedures, 1898. It is also enumerated that the duties of the Government Railway Police as regards the areas in their jurisdiction correspond general to those of the District Police in the areas under their charge. Reference has been made to paragraph 3 of the Government Railway Police Manual in which duties of the G.R.P. are envisaged as under:
"(1) to maintain order at railway stations and in trains. The term "Order" duties comprises-
(a) control of passenger traffic within station premises, specially on platforms, in booking offices, waiting halls, at entrance and exit gates and wherever specifically required in emergencies by the station officials
(b) control of vehicle and other traffic in station precincts
(c) maintenance of order in passenger trains halted at stations and prevention of over crowding encourages
(d) supervision of loaded passenger trains standing in stations
(e) arrest of persons guilty of committing nuisance, removal of persons suffering from infectious diseases and keeping of station premises clear of beggars
(f) examination of empty carriages on arrival at terminal stations for property left behind by passengers and inspect of carriages with a view to see that fittings have not been tampered withdrawals(g) removal of bodies of persons who dies in trains or on station premises and conveyance to hospital of sick passengers.
(g) removal of bodies of persons who dies in trains or on station premises and conveyance to hospital of sick passengers.
(ii) to report to the proper authorities, railway or civil, the commission of offences under the Railway Act and cases of fraud or oppression on the part of Railway personnel.
(iii) to enquire into accidents on railways ………….
(iv) to render assistance to railway officers and to other travelling public in so far as the rendering of such assistance is compatible with their own duties as police officer."
According to the assertions in the affidavit filed on behalf of the State Government, the G.R.P. is responsible generally for the prevention and detection of crimes happening within the area of Railway station while the protection of goods-sheds, goods-wagons at stations and parcel offices is not the duty of Railway Police but of Railway Security Force of the Railways. In para 28 of the affidavit, it is stated that the Government Railway Police has been performing its duties in the past and it shall perform its duties which are assigned to it to the utmost satisfaction. It is further stated that steps have been taken to pinpoint reasons for causes of lapses and the steps are being taken to further improve the working of the Government Railway Police. In para 35 of the affidavit, it is stated that the question mooted that the security of the premises outside the Railway Stations, Railway Stations and of trains whether standing at the station or the moving trains, be assigned to the Central Industrial Security Force is not constitutionally viable as per the law existing today. In the affidavit, few suggestions have been made for improvement of the security of passengers in moving trains as also at the Railway Station. The suggestions are quoted below.
(i) Each and every train whether passenger/express/mail etc. should be equipped with a mechanism by which at one central place in the train itself it can be known that from which coaches of the train distress call has come.
(ii) In each and every train a specified place may be allocated for central monitoring/receiving distress calls from any coach of the train.
(iii) The person monitoring the central place and the persons on duty in the entire train be connected to each other by wireless system.
(iv) The general coaches be inter connected to each other also.
(v) The security staff be posted both in the general coaches as well as in the reserved coaches depending upon the availability of the staff, and visualizing the crime vulnerable area through which the train passes.
(vi) Every train should display information at prominent place that where the central monitoring is available in that particular train.
(vii) The luggage safety chains as is provided in the reserved coaches should also be provided in the general coaches."
Learned counsel for private respondents urged that all passengers are entitled to get safety and security immediately after purchase of tickets by individual passengers and after he boards a train. It is further submitted that in 1997 a Committee under the Chairmanship of Justice H.C. Khanna was constituted to evolve ways and means for safety and security of the passengers. Ever-since the submission of report of Committee, about 10 years have rolled by and during this period, the crime scenario has registered an upward trend in as much as the incidence of poisoning, looting, dacoit, rape, molestations have registered a noticeable increase as already discussed in the earlier order.
In the above conspectus, it is clear that there is dual system of security which leaves much to be desired. It brooks no dispute that Government Railway Police is an entity not under the control of Railways and it functions as a separate entity sans any accountability to Railway Authorities although fact remains that this force functions within the premises of Railways on the assumption that law and order is the State subject and they are well equipped to deal with the law and order under the existing system. Instead of operating within their respective jurisdiction with separate responsibility, the working often at cross purposes has already occasioned great and irreparable damages to the safety and security of passengers and their property as is borne out from various reports. This is also clear that in spite of all such measures taken by the Railways there is no marked and noticeable improvement the concomitant result is that miseries of passengers have been increasing with each passing day. The various reports and other materials on record also make it clear that the Government Railway Police shooes away aggrieved passengers or avoid registering crime in so far as grievance and safety and securities of travelling public in train are concerned ostensibly with the avowed object of bringing down crime graph.
In view of above discussion, this Court is of the view that security and safety of passengers and their property should be placed under one command and should not be diversified into the hands of various authorities/forces in so far as registration of crime, investigation and all other connected matters are concerned. In this connection, the Court is further of the view that the entire hierarchy of Government Railway Police should be placed under the control of Railway authorities on deputation which ought to be accountable to Railway Board and other higher authorities instead of acting as a separate entity sans any accountability to Railway. It is desirable that officers and officials in the hierarchy of G.R.P. should be seconded to Railways on deputation with a fixed term and should be recalled after serving a fixed tenure with stipulation of interchangeability and inter-transferability from Civil Police to G.R.P and from G.R.P. back to Civil Police. Their stay in G.R.P should be based on performance evaluated by civil authorities of the Railways and those whose performance detracts from the desirable standard must be recalled by the State Government. The concern of the Court is that security and safety and control of crime must be devolved to able hands which may work under one authority. The R.P.F. already functions as a force which is accountable to Railways and there is no reason that the G.R.P should be allowed to function as a separate entity without any shield of accountability/responsibility.
It has also been brought to the notice of the Court that the Railway is already charging a certain amount in the ticket on the count of security of passengers. It has also been brought to the notice of the Court that Railway is issuing two million tickets for five million passengers each day for travel in unreserved compartments fetching an earning of Rs.14 crores per day upto 31.11.2006 (See Appendix to enclosure 3).
It has come in the report scripted by the Railways that steps are in active process to provide water facilities to the passengers. It has further been brought to the notice of the Court that most of the taps at the Railway station are dry and passengers often are inconvenienced and run helter and skelter for water. One or two machines at a particularly Railway station for supplying water through Eureka or any other machine is insufficient and during summer season, the only way to save life of a person and for saving the passengers from dryness is to purchase water displayed for sale on stations. In case Railway is going to take steps for supply water as mentioned in the information and documents supplied by Railways to the Court, it is desirable that the Railways should first take all effective steps to supply potable and pure water through the taps at the Railway station which is a fundamental right to life under Article 21 of the Constitution of India.
So far as deployment of Central forces is concerned, it has been informed that Railways has taken steps at certain Railway Stations including Delhi and Jammu . The State of U.P. has claimed that the law and order is the State subject and it is within the domain of the State Government to maintain law and order. This contention does not commend to us for acceptance considering that the Railway establishment is the establishment of the Central Government like the aerodrome and safety and security of the Central Government Establishment should be the concern of the Central Government. Though primary duty of the law and order is that of the State Government but the Central Government or the Railway could take effective steps for protecting passengers at the Railway Station without impinging upon the power of the State Government of maintaining law and order. For instance it may be recalled that in any emergent situation, the State Government has often called in assistance of Central Forces for safety and security of the citizens under the Constitutional power and therefore, the argument of the State Government that the law and order is the subject of the State and therefore Central forces could not be deployed for beefing security and safety cannot be lapped up. The Court is of the view that the matter requires thorough scrutiny and discussion which can be gone into by appointing a Commission by the appellant (Railways) which it is desirable should be headed by a sitting or retired judge of the High Court or of the Apex Court as the case may be. From the date of constituting a commission, it should be required to submit report within a period not exceeding three months.
The case shall next be listed after expiry of three months.
M.H.
August 24, 20076.
FIRST APPEAL FROM ORDER NO. 134 OF 1998 (Bench)
(u/s 23 of Railway Claims Tribunal Act)
Union of India THROUGH The General Manager, Northern Railway, Baroda House, New Delhi (Defendant)
APPELLANT
VERSUS
1. Smt. Asha Bajpai aged about 44 years widow of late Krishna Kishore
Bajpai.
2. Ashish Bajpai aged about 19 years son of late Krishna Kishore Bajpai.
3. Kumari Ankita Bajpai aged about 16 years daughter of late Krishna Kishore Bajpai.
Minor under the guardianship of her next friend and real mother Smt. Asha Bajpai. All the respondents are resident of 134/361, Bashiratganj, P.S. Naka Hindola, Lucknow .
RESPONDENTS
4. The State of U.P. through Secretary (Home), Secretariat, Lucknow , UP.
First Appeal From Order against the award dated 24.11.1997 passed by the Railway Claims Tribunal, Lucknow Bench, Lucknow in case no.O.A.9700006 who awarded the compensation to the respondents to the tune of Rs.2,00,000/-
NATURE OF THE CLAIM:
Compensation u/s 16 of the Railway Claims Tribunal Act.
Reserved
First Appeal From Order No.134 of 1998
Union of India ………………………….Appellant
Versus
Smt. Asha Bajpai………………………..Respondent
Alongwith
F.A.F.O.Nos.363 of 2002 and 100 of 2003
Hon. S.N. Srivastava, J.
Hon. S.S. Chauhan, J.
Pursuant to the order of this Court dated 3.5.2007, Railways as well as State of U.P. reeled out certain details on the basis of which this Court by a detailed order dated 23.5.2007 enjoined the Railways, the Department of Home, the State of U.P. and other concerned authorities in the Government Railway Police and the Railway Board to convene a meeting and initiate deliberations over the rising trend of incidents/accidents and converge to a consensus over preventive measures and take a policy decision with a view to improving the working of the Government Railway Police and Railway Protection Force in order to ensure safety and security of person and property of passengers by 15th July, 2007 attended with direction to take policy decision as regards joint responsibility of the officers of Railway, G.R.P and R.P.F. followed by direction to consider the viability of manning each and every reserved and unreserved compartments in such a manner that duty conductors/T.T.E./Police Escort do not leave the compartment unattended and must be made to exercise strict vigil particularly at the place of scheduled halt. In the light of the above directions, it it has been informed that meeting was convened on 17.7.2007 attended by various authorities and the quintessence of the decision taken therein was that it would necessitate increase in the strength of police personnel and allocation of more funds for the purpose. The relevant details enumerated at page 7 of the order dated 1.8.2007 are excerpted below.
"With regard to viability of manning each reserved and unreserved compartments by TTE/GRP Staff, special secretary informed that with the present sanctioned strength of GRP manning of each reserved and unreserved compartments is not practically feasible. Assistance from Railways will be required to increase the strength of GRP since Railway has to bear the 50% of the expenditure on GRP.
ADG/RPF mentioned that at present more than 1400 mail/express/passenger trains are being escorted by the RPF and more than 2200 such trains are being escorted by GRP daily on an average. Manning such unreserved and reserved coaches of all trains will require additional resources and man-power of a very high order and economic viability of the proposal which may be uncertain taking into account the large number of trains (more than 15000) operated over Indian Railways.
EDPM/Railway Board in regard to manning of each reserved and unreserved coaches mentioned that Railway has no policy in vogue to man unreserved compartments by TTEs. At present there are approximately 5000 number of trains, having approximately 16000 reserved coaches and 11000 unreserved coaches. The present sanctioned strength of approximately 300000 TTEs is not sufficient to even man all reserved coaches. The Railways are further increasing the unreserved coaches in the train and it is not at all viable to man all the coaches by the TTEs.
However, it was agreed that more TTEs/GRP/RPF can be detailed selectively in vulnerable areas/sections/trains, instead of manning each and every reserved and unreserved compartment of all the trains. Instructions may be issued to GRP/RPF escorts to focus on unreserved coaches at originating stations during half at all possible stations en route. Special Squads comprising lady ticket checking staff and lady constables are already being deployed for conducting surprise checks in the ladies compartments to prevent crime against women passengers."
By means of the self same order, this Court enjoined the Railways to pinpoint the responsibility of the Railways in so far as passengers to whom wait listed tickets are issued while charging amount equal to those who are issued ticket against available berths as well as charges to be made to maintain law and order, public order, registration of crime (method and competence), investigation, safety and security of Railway Stations, trains and other connected places. The matter was heard again and after elaborate hearing judgment was reserved on 10th August 2007. During pendency of the case, the Railways made available detailed information and documents. Apart from information and documents supplied by the Railways, it is also pleaded by learned counsel appearing for Railways that in so far as financial and fiscal performance in juxtaposition with passenger earnings are concerned, the same are indicated in enclosure I to the documents brought on record according to which passenger earning in the year 2005-06 was Rs.15,126.00 crores, Rs. 16,800 crores in the year 2006-07 and Rs. 17,400.00 crores in the year 2006-07. The earnings from goods are indicated to be Rs. 36,286.97 in the year 2005-06, Rs. 40,320.00 in the year 2006-07 and Rs.42,299.00 in the year 2006-07. It is also indicated that in the current Railway Budget, instead of enhancing the fare, the price has been reduced by Re.1/- on each ticket benefiting million of Railway commuters every day. The figure further shows that reduction of price of ticket in average comes to about 16% in cases of passengers of short distance, local trains and E.M.U train travelers. It is also indicated that on account of this, the Indian Railways is in deficit in running and maintaining passenger trains. It is also indicated that the Railway is expending on social service obligation as well, the precise details of which are that certain essential commodities of mass consumption like sugarcane, paper, livestock etc. are being transported at subsidized rate below the cost of operation in order to contain their market prices. The total loss being suffered by the Railways on the movement of these commodities is indicated to the tune of Rs.6566.13 crores. According to further details, the Railway is contributing a lot and rendering a yeoman service for social obligations and for development of infrastructure in various fields. Under the heading "A few salient outcome of Rail Operations", it has been disclosed that in the year 2007, 38(24) new trains have been introduced; total 140 trains have been made super-fast, frequency of 106 trains has been increased; 360 trains have been speeded up. It is further revealed that in the year 2005, 360 trains have been speeded up and 26 trains have been made super fast. It is further indicated that the Ministry of Railways has strived to reduce losses in coaching services without resorting to any increase in burden on passengers by way of increase in fares. This has been, it is indicated, partly achieved through improved operation and maintenance practices which augment capacity in terms of berths available without resorting to additional expenditure on new coaches and the result is that the Railway has been able to save nearly 380 coaches and 20 maintenance slots by amalgamation of rakes and further 120 locomotives have been saved and released for freight traffic/additional services. Modernization of stations has also been done at some of the station the details of which are contained in the counter affidavit. It is also mentioned that easier ticketing has also been introduced to facilitate purchase of tickets by passengers from convenient and numerous locations without their needing to go to the Railway counter. It is also indicated that the Railways has undertaken measures like e-ticketing. To augment cleanliness in coaches, operation 'clean train station' has been introduced at Ratlam station and thereafter, the facilities have been extended to 25 more stations. In so far as catering facility is concerned, it is indicated that 14 food plazas have already been allotted and 12 more such food plazas are under finalisation. Further a total 366 sites have been allotted for water vending machines, 27 milk stalls have been commissioned and sites for 249 stalls have been allotted since last 3 months to various cooperative milk federations. In order to augment tourism, it is indicated that Bharat Darshan, a tourist train for the common people has been introduced consisting of ordinary sleeper class coaches running on a pre-determined schedule and taking the tourists to important places of religious and historical importance at affordable costs. Attention has also been drawn to letter dated 8.7.2002 in which are contained the rules and procedure for unreserved ticketing system. Circular no.52 of 2006 has also been brought to the notice of the Court containing details of liberalization of refund rules contained under Rule 213 of IRCA Coaching Tariff vide Enclosure no.6. The details of cancellation in different classes i.e. from A.C. I to sleeper class are contained in Enclosure 8 to the circular. The procedure for advance reservation is also prescribed in the self same enclosure. Enclosure no.11 unfolds details about safety measures. It is claimed therein that various safety measures have been introduced as a result of which there is steep fall in the figures of train accidents. The figures disclosed are 473 in 2000-01, 415 in 2001-02, 351 in 2002-03 and 325 in 2003-04 and further to 234 in 2005-06. The year-wise details are contained in the chart to Enclosure no.11 that while protecting Railway property and passengers in the year 2005-06, Railway Protection Force personnel faced armed encounters with criminals on 13 occasions in which 5 criminals were gunned down. It is further revealed that during these operations, 6 R.P.F. personnel were lost their lives while 8 personnel were injured.
From a perusal of enclosure 11, it would transpire that the last committee, namely, Railway Safety Review Committee was constituted in 1997 under the Chairmanship of Justice H.C. Khanna which had enlisted in the report various recommendations including a recommendation asking the Central Government for giving a one time grant of Rs. 15000 crores to the Railways to enable it to clear its arrears of replacement and renewals in a fixed time schedule.
The State of U.P. has also filed affidavit sworn by Rajendra Prasad Mishra posted as Special Secretary (Home) Government of U.P. Civil Secretariat Lucknow in which it is enumerated that police including Railway Police is a State subject under Entry no.2 of List II of the Seventh Schedule of the Constitution of India, 1950 and further that the Railway Police was Established as one District by the Government of India on 6.3.1912 and further that it was recognised as the police force for the purposes of the Code of Criminal Procedures, 1898. It is also enumerated that the duties of the Government Railway Police as regards the areas in their jurisdiction correspond general to those of the District Police in the areas under their charge. Reference has been made to paragraph 3 of the Government Railway Police Manual in which duties of the G.R.P. are envisaged as under:
"(1) to maintain order at railway stations and in trains. The term "Order" duties comprises-
(a) control of passenger traffic within station premises, specially on platforms, in booking offices, waiting halls, at entrance and exit gates and wherever specifically required in emergencies by the station officials
(b) control of vehicle and other traffic in station precincts
(c) maintenance of order in passenger trains halted at stations and prevention of over crowding encourages
(d) supervision of loaded passenger trains standing in stations
(e) arrest of persons guilty of committing nuisance, removal of persons suffering from infectious diseases and keeping of station premises clear of beggars
(f) examination of empty carriages on arrival at terminal stations for property left behind by passengers and inspect of carriages with a view to see that fittings have not been tampered withdrawals(g) removal of bodies of persons who dies in trains or on station premises and conveyance to hospital of sick passengers.
(g) removal of bodies of persons who dies in trains or on station premises and conveyance to hospital of sick passengers.
(ii) to report to the proper authorities, railway or civil, the commission of offences under the Railway Act and cases of fraud or oppression on the part of Railway personnel.
(iii) to enquire into accidents on railways ………….
(iv) to render assistance to railway officers and to other travelling public in so far as the rendering of such assistance is compatible with their own duties as police officer."
According to the assertions in the affidavit filed on behalf of the State Government, the G.R.P. is responsible generally for the prevention and detection of crimes happening within the area of Railway station while the protection of goods-sheds, goods-wagons at stations and parcel offices is not the duty of Railway Police but of Railway Security Force of the Railways. In para 28 of the affidavit, it is stated that the Government Railway Police has been performing its duties in the past and it shall perform its duties which are assigned to it to the utmost satisfaction. It is further stated that steps have been taken to pinpoint reasons for causes of lapses and the steps are being taken to further improve the working of the Government Railway Police. In para 35 of the affidavit, it is stated that the question mooted that the security of the premises outside the Railway Stations, Railway Stations and of trains whether standing at the station or the moving trains, be assigned to the Central Industrial Security Force is not constitutionally viable as per the law existing today. In the affidavit, few suggestions have been made for improvement of the security of passengers in moving trains as also at the Railway Station. The suggestions are quoted below.
(i) Each and every train whether passenger/express/mail etc. should be equipped with a mechanism by which at one central place in the train itself it can be known that from which coaches of the train distress call has come.
(ii) In each and every train a specified place may be allocated for central monitoring/receiving distress calls from any coach of the train.
(iii) The person monitoring the central place and the persons on duty in the entire train be connected to each other by wireless system.
(iv) The general coaches be inter connected to each other also.
(v) The security staff be posted both in the general coaches as well as in the reserved coaches depending upon the availability of the staff, and visualizing the crime vulnerable area through which the train passes.
(vi) Every train should display information at prominent place that where the central monitoring is available in that particular train.
(vii) The luggage safety chains as is provided in the reserved coaches should also be provided in the general coaches."
Learned counsel for private respondents urged that all passengers are entitled to get safety and security immediately after purchase of tickets by individual passengers and after he boards a train. It is further submitted that in 1997 a Committee under the Chairmanship of Justice H.C. Khanna was constituted to evolve ways and means for safety and security of the passengers. Ever-since the submission of report of Committee, about 10 years have rolled by and during this period, the crime scenario has registered an upward trend in as much as the incidence of poisoning, looting, dacoit, rape, molestations have registered a noticeable increase as already discussed in the earlier order.
In the above conspectus, it is clear that there is dual system of security which leaves much to be desired. It brooks no dispute that Government Railway Police is an entity not under the control of Railways and it functions as a separate entity sans any accountability to Railway Authorities although fact remains that this force functions within the premises of Railways on the assumption that law and order is the State subject and they are well equipped to deal with the law and order under the existing system. Instead of operating within their respective jurisdiction with separate responsibility, the working often at cross purposes has already occasioned great and irreparable damages to the safety and security of passengers and their property as is borne out from various reports. This is also clear that in spite of all such measures taken by the Railways there is no marked and noticeable improvement the concomitant result is that miseries of passengers have been increasing with each passing day. The various reports and other materials on record also make it clear that the Government Railway Police shooes away aggrieved passengers or avoid registering crime in so far as grievance and safety and securities of travelling public in train are concerned ostensibly with the avowed object of bringing down crime graph.
In view of above discussion, this Court is of the view that security and safety of passengers and their property should be placed under one command and should not be diversified into the hands of various authorities/forces in so far as registration of crime, investigation and all other connected matters are concerned. In this connection, the Court is further of the view that the entire hierarchy of Government Railway Police should be placed under the control of Railway authorities on deputation which ought to be accountable to Railway Board and other higher authorities instead of acting as a separate entity sans any accountability to Railway. It is desirable that officers and officials in the hierarchy of G.R.P. should be seconded to Railways on deputation with a fixed term and should be recalled after serving a fixed tenure with stipulation of interchangeability and inter-transferability from Civil Police to G.R.P and from G.R.P. back to Civil Police. Their stay in G.R.P should be based on performance evaluated by civil authorities of the Railways and those whose performance detracts from the desirable standard must be recalled by the State Government. The concern of the Court is that security and safety and control of crime must be devolved to able hands which may work under one authority. The R.P.F. already functions as a force which is accountable to Railways and there is no reason that the G.R.P should be allowed to function as a separate entity without any shield of accountability/responsibility.
It has also been brought to the notice of the Court that the Railway is already charging a certain amount in the ticket on the count of security of passengers. It has also been brought to the notice of the Court that Railway is issuing two million tickets for five million passengers each day for travel in unreserved compartments fetching an earning of Rs.14 crores per day upto 31.11.2006 (See Appendix to enclosure 3).
It has come in the report scripted by the Railways that steps are in active process to provide water facilities to the passengers. It has further been brought to the notice of the Court that most of the taps at the Railway station are dry and passengers often are inconvenienced and run helter and skelter for water. One or two machines at a particularly Railway station for supplying water through Eureka or any other machine is insufficient and during summer season, the only way to save life of a person and for saving the passengers from dryness is to purchase water displayed for sale on stations. In case Railway is going to take steps for supply water as mentioned in the information and documents supplied by Railways to the Court, it is desirable that the Railways should first take all effective steps to supply potable and pure water through the taps at the Railway station which is a fundamental right to life under Article 21 of the Constitution of India.
So far as deployment of Central forces is concerned, it has been informed that Railways has taken steps at certain Railway Stations including Delhi and Jammu . The State of U.P. has claimed that the law and order is the State subject and it is within the domain of the State Government to maintain law and order. This contention does not commend to us for acceptance considering that the Railway establishment is the establishment of the Central Government like the aerodrome and safety and security of the Central Government Establishment should be the concern of the Central Government. Though primary duty of the law and order is that of the State Government but the Central Government or the Railway could take effective steps for protecting passengers at the Railway Station without impinging upon the power of the State Government of maintaining law and order. For instance it may be recalled that in any emergent situation, the State Government has often called in assistance of Central Forces for safety and security of the citizens under the Constitutional power and therefore, the argument of the State Government that the law and order is the subject of the State and therefore Central forces could not be deployed for beefing security and safety cannot be lapped up. The Court is of the view that the matter requires thorough scrutiny and discussion which can be gone into by appointing a Commission by the appellant (Railways) which it is desirable should be headed by a sitting or retired judge of the High Court or of the Apex Court as the case may be. From the date of constituting a commission, it should be required to submit report within a period not exceeding three months.
The case shall next be listed after expiry of three months.
M.H.
August 24, 20076.
Tuesday, July 15, 2008
Private Security on Railways
PRIVATE SECURITY ON RAILWAYS
This is an era of liberalization and downsizing of government functions. Keeping all the functions with oneself is an old thinking. Least governance is the best governance. The government as a whole and even its individual units like Railways, HRD etc has started evaluating their performance in terms of profits and losses. Every such unit tries its best to bring down the expenditures and increase incomes. The security on Railways, I think, should also assess and decide its role and functions in line with the parent unit.
The Railway is not only a part of welfare government, but also a commercial activity, a business. Railways in many other countries are profit earning activities. Railway is a commercial organization. Let the security officers beat their drums that, security is a very sensitive matter, privatizing it would mean leaking the operational secrets of railways or jeopardize with strategic interest etc. The management will not be convinced by the jargons. They say, civil engineering, mechanical, electrical, signal and telecommunication and even information technology works have been being outsourced for decades. Private labour and supervisors of the contractors roam around in so called sensitive areas and deal with so much sensitive information about the operations and administration of the Railways. The characters of these private persons are not even certified by the police in the most of the cases. When these men could not do any harm to the railways, how could the private security personnel, whose character is expected to be duly certified by the police, do harm to the Railway.
Up to 70s i.e, almost before the great Railway strike, very few of Railway functions were used to be outsourced. After 80s the winds of liberalization started blowing all over the world. The iron curtain of USSR collapsed down. The markets/demand & supply started deciding the direction of commerce and even that of governance. The departments of telecommunication, post, petroleum and so on started slipping away from the hands of the sovereign. Railways cannot be an exception.
Now almost all the works except the routine maintenance work of the departments like engineering, mechanical, electrical etc are being outsourced. Not only the technical departments but even the other department like stores, personal and accounts have started outsourcing some of their activities, so as to reduce the increasing burden of work on them and to be able to come up to the expectations of the Railway administration within the given manpower.
I think, outsourcing of miscellaneous functions is inevitable. If the security officers appose it tooth and nail, the Railway administration can go for private security on their own without consulting the security officers. Take an example of IREEN (Indian Railway Electrical Engineering Institute), Nasik. The founder Director of IREEN requested the security officer for some RPF staff to be posted at IREEN for security purpose. The request was turned down, saying that there was no spare manpower to do the job. The Director proposed to provide necessary funds and requested the security officer for deploying atleast some private security personals. The security officer wrote an essay against private security and in favour of the Armed Force. Finally the Director, IREEN himself appointed private security guards through an agency. He got cheaper and smarter security men for his campus. He banned RPF from entering his area. RPF was not allowed to interfere with the IREEN up to 1992.
In the light of my views about the private security on railways as above, I would like to shape it as below:
With monstrous growth of business, industry and activities every organization has started shedding its peripheral activities through outsourcing. Railways have been increased their business and activities manifold. The Railways departments like engineering, commercial etc outsourced number of their activities. To talk in the similar terms, the business and activities of RPF have also increased manifold. Therefore we should also shed out peripheral activities through outsourcing and concentrate more on our key role.
The RPF officers should come forward with appropriate zeal to willingly accept the security related jobs on Railways. Providing security to the Railway property, land, revenue, employees, passengers and their belongings, all these are responsibilities of the security department. Whether we protect these things/men with our own Force, with the help of GRP or with the help of private security should be the headache of the security officers. A security officer is also a security advisor to the Railways. He has to advise the Railways as to how best these things/men can be protected with minimum funds. The Railways provide more than 1000 crores to security department. Now it is the security officers who have to decide where and how to spend the budget.
The security officers should not allow any rupee of the Railway to be spent on security without their approval. Today, you can see that the expenditures on security of so many Railway units, sheds/workshops, colonies/offices are paid by Railway without consulting the security department. For example: The EMU car shed of Sanpada, Mumbai has been engaging private security for last 10 years. Four years back the FA&CAO/Central Railway refused to concur the contractual payments to the private security agency on the ground that, the money was being spent for security without the approval of the HOD of security department. The EMU car shed incharge had no problem in floating the security contract and engaging the security agencies of his choice. However when the credibility, performance and the standard of the security agency was checked, it was found that, the labour laws were not followed. The private security personal were not supervised by anybody, some of them had started indulging in pilferage/removal of railway property from the shed. And theft memos were not accepted by RPF as the shed was not under the security of RPF. Non acceptance of the theft memo made no deference to the incharge/management of the car shed. Every thing was ok with them.
If security officers do not come forward and agree to engage private security for certain railway units, the unit incharges will neglect the security officers and go for the private security on their own. Instead, security officers themselves should study various railway units, especially those where private security can be deployed and propose for private security for that unit. The existing manpower of the RPF in that unit should be utilized for shouldering the newly assigned responsibilities of protecting passengers and passengers area. Only skeleton staff and supervisors of RPF should be kept there. The tender of private security for these units should be floated by the security department only. The rules and regulations should be strictly adhered too. The same can be learnt from the counter parts in engineering and mechanical department. The private security guard of the security agency should be supervised by the RPF’s supervisors as site officers. Provision for adequate funds under demand No. 12-K-115 and primary unit No.32 of revenue expenditure should be made as far as possible in the budget itself.
Railway administration expects the security department to shoulder the additional responsibilities with no much increase in manpower. If you press more, you may get such more manpower, but definitely not the good wishes of the railway administration. The skill of security officers will be to find out those security duties which can be easily performed by the private security guards and to redeploy the RPF manpower engaged in those duties. The railway administration won’t mind spending on contractual payments and modernization, but would definitely hesitate in giving more manpower.
While going for private security, the security officers should take care that, the security of railways as a whole remains in their own hands. All expenditures by any railway unit on security, how so ever small they may be, should be spent only through demand No. 12-K-100 and not otherwise. In other words we should take care of all security arrangements of the entire railway establishment including those of Railway Electrification, Construction, exclusive railway colonies etc.
The above are not very well founded and permanent thoughts of mine. They just struck to my mind in response to the present debate on this issue. They are just a thesis. They require further brainstorming. Officers are welcome with some anti- thesis, so that fine tuned synthesis may come up, out of the brainstorming.
Please contribute your views.
Rambhau Pawar
This is an era of liberalization and downsizing of government functions. Keeping all the functions with oneself is an old thinking. Least governance is the best governance. The government as a whole and even its individual units like Railways, HRD etc has started evaluating their performance in terms of profits and losses. Every such unit tries its best to bring down the expenditures and increase incomes. The security on Railways, I think, should also assess and decide its role and functions in line with the parent unit.
The Railway is not only a part of welfare government, but also a commercial activity, a business. Railways in many other countries are profit earning activities. Railway is a commercial organization. Let the security officers beat their drums that, security is a very sensitive matter, privatizing it would mean leaking the operational secrets of railways or jeopardize with strategic interest etc. The management will not be convinced by the jargons. They say, civil engineering, mechanical, electrical, signal and telecommunication and even information technology works have been being outsourced for decades. Private labour and supervisors of the contractors roam around in so called sensitive areas and deal with so much sensitive information about the operations and administration of the Railways. The characters of these private persons are not even certified by the police in the most of the cases. When these men could not do any harm to the railways, how could the private security personnel, whose character is expected to be duly certified by the police, do harm to the Railway.
Up to 70s i.e, almost before the great Railway strike, very few of Railway functions were used to be outsourced. After 80s the winds of liberalization started blowing all over the world. The iron curtain of USSR collapsed down. The markets/demand & supply started deciding the direction of commerce and even that of governance. The departments of telecommunication, post, petroleum and so on started slipping away from the hands of the sovereign. Railways cannot be an exception.
Now almost all the works except the routine maintenance work of the departments like engineering, mechanical, electrical etc are being outsourced. Not only the technical departments but even the other department like stores, personal and accounts have started outsourcing some of their activities, so as to reduce the increasing burden of work on them and to be able to come up to the expectations of the Railway administration within the given manpower.
I think, outsourcing of miscellaneous functions is inevitable. If the security officers appose it tooth and nail, the Railway administration can go for private security on their own without consulting the security officers. Take an example of IREEN (Indian Railway Electrical Engineering Institute), Nasik. The founder Director of IREEN requested the security officer for some RPF staff to be posted at IREEN for security purpose. The request was turned down, saying that there was no spare manpower to do the job. The Director proposed to provide necessary funds and requested the security officer for deploying atleast some private security personals. The security officer wrote an essay against private security and in favour of the Armed Force. Finally the Director, IREEN himself appointed private security guards through an agency. He got cheaper and smarter security men for his campus. He banned RPF from entering his area. RPF was not allowed to interfere with the IREEN up to 1992.
In the light of my views about the private security on railways as above, I would like to shape it as below:
With monstrous growth of business, industry and activities every organization has started shedding its peripheral activities through outsourcing. Railways have been increased their business and activities manifold. The Railways departments like engineering, commercial etc outsourced number of their activities. To talk in the similar terms, the business and activities of RPF have also increased manifold. Therefore we should also shed out peripheral activities through outsourcing and concentrate more on our key role.
The RPF officers should come forward with appropriate zeal to willingly accept the security related jobs on Railways. Providing security to the Railway property, land, revenue, employees, passengers and their belongings, all these are responsibilities of the security department. Whether we protect these things/men with our own Force, with the help of GRP or with the help of private security should be the headache of the security officers. A security officer is also a security advisor to the Railways. He has to advise the Railways as to how best these things/men can be protected with minimum funds. The Railways provide more than 1000 crores to security department. Now it is the security officers who have to decide where and how to spend the budget.
The security officers should not allow any rupee of the Railway to be spent on security without their approval. Today, you can see that the expenditures on security of so many Railway units, sheds/workshops, colonies/offices are paid by Railway without consulting the security department. For example: The EMU car shed of Sanpada, Mumbai has been engaging private security for last 10 years. Four years back the FA&CAO/Central Railway refused to concur the contractual payments to the private security agency on the ground that, the money was being spent for security without the approval of the HOD of security department. The EMU car shed incharge had no problem in floating the security contract and engaging the security agencies of his choice. However when the credibility, performance and the standard of the security agency was checked, it was found that, the labour laws were not followed. The private security personal were not supervised by anybody, some of them had started indulging in pilferage/removal of railway property from the shed. And theft memos were not accepted by RPF as the shed was not under the security of RPF. Non acceptance of the theft memo made no deference to the incharge/management of the car shed. Every thing was ok with them.
If security officers do not come forward and agree to engage private security for certain railway units, the unit incharges will neglect the security officers and go for the private security on their own. Instead, security officers themselves should study various railway units, especially those where private security can be deployed and propose for private security for that unit. The existing manpower of the RPF in that unit should be utilized for shouldering the newly assigned responsibilities of protecting passengers and passengers area. Only skeleton staff and supervisors of RPF should be kept there. The tender of private security for these units should be floated by the security department only. The rules and regulations should be strictly adhered too. The same can be learnt from the counter parts in engineering and mechanical department. The private security guard of the security agency should be supervised by the RPF’s supervisors as site officers. Provision for adequate funds under demand No. 12-K-115 and primary unit No.32 of revenue expenditure should be made as far as possible in the budget itself.
Railway administration expects the security department to shoulder the additional responsibilities with no much increase in manpower. If you press more, you may get such more manpower, but definitely not the good wishes of the railway administration. The skill of security officers will be to find out those security duties which can be easily performed by the private security guards and to redeploy the RPF manpower engaged in those duties. The railway administration won’t mind spending on contractual payments and modernization, but would definitely hesitate in giving more manpower.
While going for private security, the security officers should take care that, the security of railways as a whole remains in their own hands. All expenditures by any railway unit on security, how so ever small they may be, should be spent only through demand No. 12-K-100 and not otherwise. In other words we should take care of all security arrangements of the entire railway establishment including those of Railway Electrification, Construction, exclusive railway colonies etc.
The above are not very well founded and permanent thoughts of mine. They just struck to my mind in response to the present debate on this issue. They are just a thesis. They require further brainstorming. Officers are welcome with some anti- thesis, so that fine tuned synthesis may come up, out of the brainstorming.
Please contribute your views.
Rambhau Pawar
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