Judgment ( 1. ) THROUGH this writ petition, petitioner seeks direction to the Railways against preparation of en route meals in Pantry Cars, pick up the same from departmental run base kitchens and serve the passengers and not to allow pantry Cars in trains with sufficient number of stoppages particularly when the time-gap between two stoppages is less than two hour duration. Further relief sought by the petitioner is to direct the respondents to give wide publicity for issuance of tenders so that interested contractors may also fill up the tenders and remove eligibility criteria of turn-over of rupees three crores per annum. ( 2. ) THIS is a Public Interest case initiated by petitioner, who is ex-Railway Contractor. Precisely, his grievance is that the Railways are permitting contractors of Pantry Cars to prepare meals and serve to the passengers en route in various trains mentioned in the writ petition. For this purpose, gas cylinders are being used. This is being done in violation of Circulars and catering Policy - 2000, providing for how pantry cars are to be run and meals to the passengers to be provided through casserole from departmental run base kitchens. Violation of the policy, circulars and directions involves risk to the public and passengers in the trains since Pantry Car contractors keep number of gas cylinders in running trains for preparing meals to be served to passengers, which may catch fire and are dangerous to life and safety of passengers. Something could be said about long distance trains running late hours but short distance trains should not be provided with pantry cars. ( 3. ) FURTHER, tenders for pantry car contracts should be such that more and more contractors become eligible to participate in the tenders for pantry car contracts, otherwise fixing annual turnover of three crores of rupees means excluding number of contractors and inclusion of favourites who are monopolising these contracts either by taking them in their names or in the name of other contractors. Tenders should be invited through wide publication in the newspapers of national importance and local newspapers so that favouritism is excluded and system becomes more transparent and acceptable. ( 4. ) RESPONDENTS challenge the locus standi of the petitioner. It is alleged that the petitioner is ex-Railway Contractor. Petition has not been filed in public interest for the safety of passengers but with certain vested interests.
( 4. ) RESPONDENTS challenge the locus standi of the petitioner. It is alleged that the petitioner is ex-Railway Contractor. Petition has not been filed in public interest for the safety of passengers but with certain vested interests. Railways have experienced Engineers, who are experts in the safety, security and maintenance of work. Public safety is the foremost object of the Railways besides providing facilities. Several measures are adhered to by the Railways, before commissioning of pantry cars and since 1975, these measures have been further upgraded to avoid accidents. The accidents of which instances have been given by the petitioners have been due to human errors and not due to the errors of safety devices. Pantry cars are permitted in long distance trains for providing food and beverages to the passengers travelling in the trains. The pantry cars are constructed and modelled keeping in view the safety and security of the passengers and are certified by RDSO Special Team, experts in certifying structural design of the pantry cars. Pantry cars are provided for preparing food, tea etc. for passengers on running trains. The purpose of attaching pantry cars to the trains is to provide fresh catering facilities to the passengers. Some long distance trains are running non-stop long hours and in the absence of catering facilities, passengers maybe put to inconvenience. Use of coal for preparation of food in the running pantry cars has been substituted by LPG,former had environmental hazards and the latter environmentally friendly, apart from being safe to use on the running trains. They are fitted by experts and it is the safest mode of cooking besides being environmentally friendly, non-hazardous and fast mode of cooking food as compared to coal. The use of LPG has been made safer. A special cubicle in which the gas cylinders are kept is installed and properly secured and equipped with automatic foam type fire extinguisher as a preventive measure for controlling fire etc. The installation has an emergency quick shut off valve, which instantaneously cuts off the supply to the burning points. The base of LPG cylinders are 6" below the general floor level of the carriage in order to prevent possible oscillation and displacing of cylinders. These are properly strapped and placed in special rings provided. Eight cylinders of 15 Kgs. (now 19 Kgs.) each are installed in two separate bunks, which are connected separately with the manifold.
The base of LPG cylinders are 6" below the general floor level of the carriage in order to prevent possible oscillation and displacing of cylinders. These are properly strapped and placed in special rings provided. Eight cylinders of 15 Kgs. (now 19 Kgs.) each are installed in two separate bunks, which are connected separately with the manifold. The connection is of c class heavy duty M. S. Pipes, joint welded and these pipe lines are laid so as to facilitate free accessibility and at the same time prevent possible interference. The installation of gas connection to the pantry cars is done in terms of no objection certificate given by Controller of explosives, Government of India, Department of Explosives (West Circle) for the use L. P. Gas Cylinders for cooking in buffet/pantry cars as indicated in the sketch. Letters No. C/180/f/d/genl. 47/buffet car dated 27- 10-1975 from ccm, Central Railway to Shri G. L. Sharma, Controller of Explosives, Bombay and No. nil dated 27-10-1975 by Controller of Explosives, Bombay West Circle to CCM, Central Railway provide No Objection to the use of LPG cylinders for cooking in buffet car. ( 5. ) THE LPG has been allowed in pantry cars by Railways as per the extant policy and after taking due precaution by different departments of railways and certified by Deputy Controller of Explosives, Government of india taking into consideration all the safety norms. No Railway policy/circular has been violated. Pantry cars have been provided in long distance trains for the convenience of passengers as per Catering Policy - 2002. The accident of guwahati - Dadar Express on 12-11-1999 between Sridham and Narsinghpur, was an unusual occurrence beyond the control of Railway Administration and which could occur even if LPG cylinders were not in use in pantry car. Otherwise, use of LPG in pantry cars is safe and accidents occur due to human errors and not technological failure. ( 6. ) CATERING Policy - 2000 indicates that there will be no cooking of ordinary food items in Rajdhani Express trains, cooking is permitted for 1st class AC passengers where personalised services are being offered.
Otherwise, use of LPG in pantry cars is safe and accidents occur due to human errors and not technological failure. ( 6. ) CATERING Policy - 2000 indicates that there will be no cooking of ordinary food items in Rajdhani Express trains, cooking is permitted for 1st class AC passengers where personalised services are being offered. Therefore, there is no prohibition against cooking of food even in the pantry cars of rajdhani Express trains since the very purpose of attaching pantry cars to the passenger trains is to cook the food items as per the requirement of the passengers for providing proper and on board catering services and communication dated 28-10-1999 also permits cooking of food in the pantry cars in case of emergency and late running of trains etc. Further criteria for providing pantry cars in trains is a matter of policy and they are being provided for the convenience of passengers without committing violation of policy of railways. ( 7. ) GIVING consideration to the whole matter, it is found that the railways are using LPG cylinders in pantry cars for preparation of food items in long distance trains and some other trains. This has been better, safer, quicker and convenient as compared to use of coal. Railways have said that use has been permitted by Catering Policy - 2000, conditionalities for use are being adhered to strictly making travel by passengers safer and convenient. The pantry cars are specially designed and LPG cylinders are fitted in such a way that there is elimination of risk by use of LPG. Installation provides for an emergency quick shut off valves which instantaneously cut the supply to the burning point. There is automatic foam fire extinguisher for controlling fire etc. Installation of gas connection in the pantry cars is after no objection from controller of Explosives, Government of India, Department of Explosives (West Circle), for use of LPG cylinders in buffet/pantry cars and advice from experts. The safety of passengers and their convenience, while travelling in railways has been experts. The safety of passengers and their convenience, while travelling in Railways has been upper most in the mind of Railways. Accidents have been explained due to human errors and not because of technological failures. Railways are willing to abide by any other condition which may be imposed by the Court. ( 8.
The safety of passengers and their convenience, while travelling in Railways has been upper most in the mind of Railways. Accidents have been explained due to human errors and not because of technological failures. Railways are willing to abide by any other condition which may be imposed by the Court. ( 8. ) THE petitioner did not advance submissions with regard to mode and manner of allotment of pantry car contracts, taken in the petition, nor any other arguments was raised. Therefore, petition is disposed of with following directions :- (i) The Railways will keep a register in pantry car. Railway officer of appropriate rank will periodically check the lpg installation and cylinders in the pantry car and record in the register that same are in order. Such entries will be examined by the General Manager of respective Railways every month. (ii) Railways shall seek advice of experts time to time to upgrade/adopt technology found to be safer, convenient, efficient and convenient. Such number of fire extinguishers, as may be advised by experts, be provided in the pantry car for use in emergency, changed/re-filled regularly. The catering policy (s), circulars/directions issued by Ministry of Railways and Railway Board be implemented immediately and effectively so that travelling is not only convenient and enjoyable but also safer. (iii) Such other suggestions as may be amenating from expert bodies of Railways/appointed by Railways with regard to use of LPG cylinders in pantry cars be implemented promptly and in letter and spirit.