In a significant order, the Ministry of Railways has issued fresh guidelines to the Railway Protection Force (RPF) to independently investigate untoward incidents. The move follows an order of the Railway Claims Tribunal (Chennai Bench) that wondered how an investigation undertaken by GRP is accepted by the Railways, including RPF, without conducting an independent investigation as prescribed under the provisions of the Railway Passengers (Manner of Investigation of Untoward Incidents), 2003. The RPF is an armed force of the union protecting Indian Railways.
The observation was made while dismissing a petition filed by the family of M. Preamkumar of Madurai seeking compensation. The family claimed that Preamkumar took the Madurai-Chennai Pandian Express on December 7, 2013.
It received information the next day over phone that he fell from the running train between Sendurai and Ottakoil stations and succumbed to injuries. However, the train ticket was not found in his possession. The family claimed a compensation of Rs. 4 lakh.
The Bench comprising Vice-Chairman (Judicial) Mukesh Kumar Gupta and Member (Technical) S. Mohan said for claiming compensation under the provisions of Section 123 of the Railway Act, 1989, “a person must have purchased a valid ticket and become a victim of an untoward incident”. Since the petitioners could neither prove accidental falling nor that the victim was a bona fide passenger, the Bench dismissed the plea.
As for the investigation, Mr. Gupta said there was no response to the question how the probe undertaken by the GRP was accepted by the Railways without the RPF conducting its own investigation. While the GRP has standard documents like the FIR, Inquest and Final Report, there was no such standardised format for the RPF. “It has further been noticed that sometime vague assertion like deceased ‘must have travelled on footboard’ is projected, ignoring the real and factual aspects, without even ascertaining whether there was actual travel or not.”
Acting on the order, the Ministry of Railways wrote to all Chief Security Commissioners pointing out that the Railway Passengers (Manner of Investigation of Untoward Incident) Rules 2003 was amended in 2007 by issuing specific guidelines to the RPF for investigation.
Railway Claims Tribunal asks how investigation into a passenger falling from train was based on GRP report
