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Patna High Court · body

2019 DIGILAW 790 (PAT)

Manish Kumar son of Sri Nirmal Chandra Jha v. Union of India through General Manager, East Central Railway, Hajipur

2019-05-16

ANIL KUMAR UPADHYAY

body2019
ORAL ORDER : Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. 2. A citizen has to file present writ application because of the inaction on the part of railway department. 3. Learned counsel for the petitioner submits that the petitioner was booked journey tickets from Patna to New Delhi on 19.11.2016 and from New Delhi to Patna on 24.11.2016. Due to the death of brother-in-law of the petitioner on 05.12.2016 both the journey tickets were cancelled. Petitioner was asked to submit details mentioning bank account photostat copy of bank account was sent to the respondent no.3 by post on 27.12.2016 but amount was not refunded to the petitioner. On 02.05.2019 petitioner once again sent an application by speed post to the respondent no.3 for refund of amount. Unfortunately, for three long years the authorities of Railways have neglected the request for refund particularly the respondent no.3, the Chief Commercial Manager (Refund), East Central Railway, Hajipur who utterly failed to perform his statutory duty and as a result of his inaction the petitioner has to approach this Court by way of filing the present writ application. The court is of the considered view that the matter should not have engaged the attention of the Court, if the respondent no.3 would have perform his normal duty. Under the compelling circumstance, the Court directs the Chief Commercial Manager (Refund), East Central Railway, Hajipur to refund the amount of the petitioner within a fortnight from today after completing all the formalities, failing which the refund will carry 20% compoundable interest from the date of cancellation of the booked ticket to the date of actual refund which shall be raised from the pocket of respondent no.3. 4. With the aforesaid, the present writ application stands disposed of.