False Allegation under PFA Act
Parvez
(Querist) 04 April 2010
This query is : Resolved
This is a case of failure of “Swiss Aqua” brand mineral water bottle sample(No.5538/ASR) taken by Chief Health Inspector of Northern Railway from pantry car of 2926 Up Paschim Express on 15Jun97 from Mr. Gulab Premanna ,Bill Issuer of Pantry car no.94192(CPT62).
As per the sample report of mineral water bottle “The sample was not found contaminated however was found not having properly labeled and therefore it was taken as “misbranded” (Batch/lot/code no of the product were not given).
In this case, Mr. Gulab Premanna, bill issuer and Mr. Shabbir Shaikh, CCTRI Dinning Car, Mumbai Central have been made first and second party while the firm M/s natural Food Products, Borivali (W) Mumbai (Supplier of Swiss Aqua brand mineral water) has been made third party.
The case has been filed in the court of Judicial magistrate, First class at Amritsar and since then hearing has been going on at a regular interval.
Unfortunately, the two staff of Western Railway, Mr. Shabbir Shaikh CCTRI/Dining Car & Gulab H Premana ,Bill Issuer have been implicated in the prosecution in case no.55/99 in the court of IMIC-Amritsar. It is pointed out that Mr. Shabbir Shaikh-CCTRI has been made party in the case being in charge of Dining Car at Mumbai Central though not traveling in the pantry car.
The two of the Western railway Staff have been implicated for none of their fault.Hon’ble Court had issued a Warrant against the employees.
Strictly speaking the case should have been registered against the manufacturer/s Natural Food Products, Borivali, Mumbai and Railway staff could have been witnesses, if required. The staffs so charged have undergone mental, physical and financial agony. The contract was discontinued in 1997-98 itself whereas the case was registered after 2 years.
As per section 186 of Indian Railways Act, 1989 “No Suit, Prosecution or other legal proceeding shall lie against the Central Government, any administration, a railway servant or any other person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made there-under. This was completely ignored by the Hon’ble Court and warrants were issued.
Neither Mr. Shabbir Shaikh CCTRI/Dining Car nor Gulab H Premana ,Bill Issuer was guilty as Food and water is directly supplied in the sealed boxes from the store in the Train and there is no way that these staff can have a Quality Control.
Tenders are allotted to the contractors at a higher level by the Railway Administrative authority and staff is supposed to use the material supplied by the contractor which the staff did in a good faith. It is a Contractor/Supplier responsibility to ensure that material supplied is as per the terms and condition set by the Railway.
It is also pointed out that no sanction of Western railway was taken or proper advice was given by Northern Railway at any stage to prosecute the staff.
My Father (Mr. Shabbir Shaikh) is about to retire in April-10 and suffering from Hypertension and Diabetes. It is very inconvenient for him to travel all the way from Mumbai to Amritsar on all dates for which he is not at all responsible.
The case is going on for the last 10 years and he is required to be present on all hearings. It is clearly a harassment and injustice for the last 10 years. I request your help to get him out of this trouble.
Thanking You,
Yours truly,
Parvez Shaikh
Kiran Kumar
(Expert) 04 April 2010
you have mentioned the case is pending in the court of IMIC!
I think it has to be JMIC.....
otherwise u ve a good case for quashing, if the matter is pending in Amritsar then P&H high court has jurisdiction upon the matter thus u can approach P&H high court for quashing of complaint.
Parvez
(Querist) 05 April 2010
Hi Kiran,
Thanks a ton for your quick revert.The case is being going on for the last 10 years and I am given to understand by my father's Lawyer that the case is in the last stage and result is expected soon.
Lawyer has issued a Summon to the Chief Commercial Manager,Western railway to confirm the evidences to the court submitted by my Father.
I have following queries:
1)Can we make an application to quash the case against my Father at this stage of the case in the Amritsar court or should we wait for the Judgement by the Amritsar Court?
2)How much time will it take for High Court to quash the case from the date of application and will my Father need to be Present on all the hearings?
3)What would be the Cost Involved to have the case closed?
Thanks and Regards
Parvez
