Railways Has Moral Imperative To Showcase Prompt Response To Concerns Of General Public: Delhi HC

The Delhi High Court has emphasized the need for the Indian Railways to implement a prompt, effective, and structured complaint resolution mechanism to ensure the smooth functioning of public transportation.

The Single-Judge Bench of Justice Purushaindra Kumar Kaurav underscored the Railways' responsibility as a critical public authority that directly impacts the lives of millions.

“As a vital public authority, which transcends its logistical prowess to impact livelihoods of the common man in our country, Railways has a moral imperative to showcase prompt response to the concerns of the general public. The ubiquity of Railways as a multi-faceted institution carries with itself an underlying responsibility to reinforce public safety and seamless operation of its services,” the Bench remarked.

The Court highlighted that the need to ensure the timely and effective delivery of public services is not merely a governance norm but has gained statutory significance in recent times. It noted that the railways has a duty to maintain socially inclusive infrastructure while ensuring that grievances are addressed promptly and efficiently to avoid operational disruptions. "Not only does the respondents have an obligation to ensure that its railway infrastructure is socially inclusive and accommodative of people from all backgrounds – though an obligation it has failed to comply with in the instance case – it must ensure prompt, effective and structured complaint resolution mechanisms which efficaciously ensure smooth and proper functioning of such mode of public transportation," the Court said. 

The observations were made while hearing a Writ Petition filed by Razia Sultan, who sought action against Railway officials after a 2017 incident in which she and her family nearly missed their train due to a malfunctioning display board. Despite lodging a complaint through the Indian Railways' web portal, Sultan found the response unsatisfactory.

The Court, siding with the petitioner, stated that the complaint was genuine and that the Railways, as a state entity, should have ensured the proper functioning of the coach display indicators. It criticized the Railways for its inadequate response, noting that the disposal letter did not address the liability of the concerned officials or propose measures to prevent similar issues in the future.

"..it is discernible that not only there was a transactional relationship between the parties qua the travel transactions, but the petitioner also submitted two different complaints to the respondents. Thus, the expectation that the petitioner’s complaint will be dealt with and responded to is a trite and axiomatic practice. Unfortunately, taking into consideration the manner in which the complaint of the petitioner has been dealt with, it cannot be gainsaid that the Railways has ostensibly been unable to solidify its role as a trusted State entity and pillar of reliability," the Court said. 

The Single-Judge  warned that neglecting such complaints could lead to larger operational challenges and undermine public confidence in the Railways.

Consequently, the Court directed the senior-most officer of the relevant Railway Division to reconsider the complaint and issue a detailed order after thorough consideration within four months. "The senior most officer in the concerned Railway Division shall give a de novo consideration to the complaint lodged by the petitioner. The respondents, after giving a thoughtful consideration to the issue at hand, shall pass a speaking order within four months from the date of receipt of passing of this judgment," the Bench ordered. Accordingly, the Court disposed of the petition.

Cause Title: Razia Sultan v. Union of India & Anr. [Neutral Citation: 2024: DHC: 5836]

Appearance:-

Petitioner: Advocates Umesh Sharma, Dinesh Kumar, Ritesh Kumar

Respondent:Advocates Virender Pratap Singh Charak, Subra Parashar

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