Railways Must Ensure Prompt, Effective Complaint Resolution Mechanism: Delhi High Court

The Delhi High Court has observed that railways must ensure prompt, effective and structured complaint resolution mechanism for smooth and proper functioning of public transportation.

“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,” Justice Purishaindra Kumar Kaurav observed.

The court observed that the necessity to ensure prompt and valid delivery of public services is not just a norm of the good governance but it has acquired a statutory force in the recent times.

“Not only does the respondents (Railways) 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.

Justice Kaurav was dealing with a plea filed by one Razia Sultan seeking action against officials of the Railways over an incident in 2017 wherein she, along with her husband and minor child, was about to miss a train as the display board showing location of train coaches was not working.

It was her case that the train was scheduled to halt for a very short duration and she could board the train along with the husband after chain was pulled by the passengers.

She contended that she had lodged a complaint on the web portal of the Indian Railways but it was not satisfactorily dealt with by the authorities.

Disposing of the plea, the court noted that the complaint was genuine and reasonable and the Railways, falling in the definition of the State, was duty bound to ensure proper functioning of the coach display indicators and in case of any default, it ought to have appropriately redressed the grievance of the woman.

“The disposal letter neither suggests that any effort was made by the respondents to ascertain the liability of the concerned official nor it provides any measure which could help in evading such fatal situations in the future,” the court said.

It further said if such issues are redressed haphazardly, as done in the case, it can snowball into larger operational challenges and the Railways could fail to instill public confidence.

Justice Kaurav directed the senior most officer in the concerned Railway Division to give a de novo consideration to the complaint lodged by the woman.

The court also directed the Railways to pass a speaking order after giving a thoughtful consideration to the issue within four months.

Title: RAZIA SULTAN v. UNION OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 883

Click here to read order