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Railway Act, Section 55 and 138

(Querist) 16 December 2010 This query is : Resolved 
Situation:

A passenger takes 2nd class unreserved journey ticket and performs journey exactly as per all the details printed on the ticket. Still, when he arrives at the destination station, the railway staff penalises him for violation of Section 55 and 138 of Railway Act (journey without PROPER ticket).

Railway's staff says that, that particular train was restricted for journeys of less than certain distance on specified portions of the train's route.

Passenger's Stand:
No such information on the ticket, ticket window or train and he has complied to all the information provided to him in the ticket.

My questions:
(1) Is it justified to penalise passenger in above situation?
(2) Whether violation of Section 55 has been done.

Please give your CLEAR opinions.
-Atul Kumar Khare
s.subramanian (Expert) 16 December 2010
when the Railways Act defines that to be an offence no exception could be claimed. The passenger is supposed to know all these details before boarding the train.
DEFENSE ADVOCATE.-firmaction@g (Expert) 17 December 2010
Why this simple query is being put up again and again. Find out exact rules before starting the journey.
Atul Kumar Khare (Querist) 18 December 2010
To: Mr. S. Subramanian
Railway Act does not mention this kind of situation (i.e. distance-restriction) at all. Section 55 only states that a passenger should have a PROPER TICKET for journey as a passenger.
Atul Kumar Khare (Querist) 18 December 2010
To Mr. Shashikumar:
This simple query affects the poor and uneducated 2nd class train passengers who can not afford to have advance reservation. After being penalised (even after performing the journey as per the ticket details), they start thinking bad about the Govt. and Railways.


Now, do you mean that the passenger should search for the rules first, then read thru the 400- (or so) page rule book/Zonal Rail Time Table before performing a Rs 41/- journey from Itarsi to Bhopal. Then please tell me that, having a ticket in your pocket, what do Mr. Shahikumar do (except complying to details printed on the ticket) before boarding the train to ensure that his ticket is PROPER.


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