IN THE HIGH COURT OF DELHI A T NEW DELHICIVIL EXTRA ORDINARY JURISDICTION

WRIT PETITION (CIVIL) NO. OF 2007.

In the matter of: -1.PVCHR(Peoples Vigilance Committee for Human Rights)Through its Convener Dr. Lenin S/o Shri Surendra Nath SinghRegistered Office at SA/4, Daulatpur, Varansi,Uttar Pradesh2.CHITRA(Centre for Human Rights Initiative)Training & Research Association)Through its SecretaryAnup Kumar Srivastava S/O T.P.SrivastavaR/o Flat No. -2, House No. – 99,J-Extension, Laxmi Nagar,New Delhi – 110092…Petitioners.

Versus

1. Ministry Of Railways,Through The Secretary,Rail Mantralaya,New Delhi 2. Railway BoardThrough ChaimanRail Mantralaya,New Delhi3.Gujarat Electricity Board.Through ChairmanGujarat Urja Vij Nigam Limited,Sardar Patel Vidyut Bhavan,Race Course,Vadodara 390 007Gujarat, India4. M/s. Chirag & Co.,Through its proprietor,Shri Surendrabhai Shah102, Yogi Darshan Appartment,Alka Puri, Baroda-7 …Respondents1

A PETITION IN PUBLIC INTEREST UNDER ARTICLE 226 OF THECONSTITUTION OF INDIA FOR ISSUANCE OF WRIT, ORDER ORDIRECTION IN THE NATURE OF MANDAMUS OR ANY OTHERWRIT DIRECTING THE RESPONDENT NO.1 TO FRAMEPOLICY/RULES & REGULATIONS IN RESPECT TO WAIVER OFDEMURRAGE AND FURTHER DIRECTION FOR ENQUIRINGINTO VARIOUS DOUBTFUL CASES OF WAIVER OFDEMURRAGE, BY CBI WITH FURTHER DIRECTION TORESTRICT THE MIDDLEMEN IN WAIVER OF DEMURRAGECHARGES.MOST RESPECTFULLY SHOWETH AS UNDER: -

1.That the petitioner by way of this petition under Article 226 of theConstitution of India begs to approach this Hon’ble Court with aview to bring to the notice of this Hon’ble Court an organizedinstitutional Corruption the shocking state of affairs showing totalapathy, deliberate neglect by the Respondent No.1 and 2 whiledealing with the issues related to demurrage charges and itswaiver. The said neglect is being caused deliberately, malafidelyand illegally, at the behest of certain top officials of railways, asthese officers are beneficiaries in such cases.The petitioner by way of present writ petition want todraw the attention of this Hon’ble Court towards the variouscorrupt practices going on in Railway Department while dealingwith the issues related to waiver of Demurrage charges in utter disregard to the interest of Railways, thereby causing huge lossof public money. That certain Railways officers empowered towaive the Demurrage charges, misuse their discretionarypowers by acting arbitrarily in favour of the2

consumer/contractors causing grave prejudice to the IndianRailways.Further, present petition also highlights the fact that thepresent directives/instructions of railway Board in respect to thewaiver of demurrage , which are otherwise obsolete, are alsonot been followed by the officers of the railways.That the petitioner herein, after coming across CAGReport , Lok Sabha Questionnaire and other certain relevantdocumentary information, was shocked to realize as to thathow the authorities along with the middlemen etc. are misusingpowers with regard to the discretion of waiver of DemurrageCharges, for personal interest causing huge pecuniary loss toIndian Railways and at the cost of public exchequer. And all thisis happening in absence of any definite policy/rule/regulationetc.It is submitted that the said irregularity being causedwhile arbitrarily waiving the Demurrage as highlighted by wayof present writ petition, is though on the basis of some relevantdocuments in respect of the Respondent No.3. But the saidmalpractice also points out the clear possibility that suchmalpractices are being carried on in other cases of waiver of demurrage apart from Respondent No.3. Further, there is apossibility of a very big racket going on in waiver of demurrage,in collusion with corrupt railway officers and middlemanwherein Railways suffers huge losses.3