Friday 6 June 2014

Punish the Police and Railway Officers

Braj Bhushan Dubey Ji has raised an issue of not investigating the spot of crime by the police under the political influence and torturing of innocents in order to conceal the conspiracy by trapping innocents in place of actual powerful culprits in connection with a murder case.

He has written as under:-

''दुखद यह भी है कि इतनी बडी घटना के बाद पुलिस के बडे अधिकारियों का मौके पर जाना तो दूर थाने का प्रभारी भी नहीं गया मौके परI''

Now section 166A(b) of the IPC provides punishment upto 2 years if the procedure of the investigation is not followed by the police.Under section 157(1) of the CrPC,it is clearly written that police has to investigate the spot and it has been disobeyed by the police,so the police deserves to be punished under section 166A(b) of the IPC.

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It has brought to notice by कन्हैया सिंह हिन्दुस्तानी Ji that one Railway Station of Uttar Pradesh Namely जमानिया has levied commission on ticket.This is totally illegal and unfair act because there is no provision in the Railways Act,1989 regarding imposition of commission.

Power to fix rates has been described under section 30 of the Railways Act,1989 as under:-

30. Power to fix rates.-(1) The Central Government may, from time
to time, by general or special order fix, for the carriage of
passengers and goods, rates for the whole or any part of the railway
and different rates may be fixed for different classes of goods and
specify in such order the conditions subject to which such rates shall
apply.
(2) The Central Government may, by a like order, fix the rates of
any other charges incidental to or connected with such carriage
including demurrage and wharfage for the whole or any part of the
railway and specify in the order the conditions subject to which such
rates shall apply.

Further,
Demurrage and Wharfage are defined in the Railways Act, 1989 (No. 24 of 1989) as under :
"Demurrage" means the charge levied for the detention of any rolling stock after the expiry of free time, if any, allowed for such detention.
"Wharfage" means the charge levied on goods for not removing them from the railway after the expiry of the free time for such removal.

Now it is evident from the provisions that that there is no provision for the commission.Then on the what ground commission is levied? The conduct of concerned railway officers are punishable offence under section 409 of the IPC for the Criminal breach of trust,under section 420 of the IPC for the cheating and under section 13 of the Prevention of the Corruption Act,1988 for the criminal misconduct.

Further,it has been informed by Kanhaiya ji that there is no Govt Ticket Counter in the Railway Station Of Jamania..There is only one Private Ticket Counter.. But there must be Govt Ticket Counter and officially the concerned officials of that Station would be showing that counter as the Govt Ticket Counter and on the other hand,it is conveyed to the people,that the same counter is Private Counter...When the station would have to submit total money collected through Ticket,then it would be shown but on the other hand ,people are conveyed it as Private..I have concluded that the same Govt Ticket Counter has been shifted into Private Ticket Counter and it's so done because what additional commisison is collected after selling Ticket in the name of Private Counter can be shared among the railway officials and the person who has opened the so called Private Counter.

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