Railways Act, 1989

Railways Act, 1989,

Section 70

Railway administration, has no jurisdiction/authority to refuse a consignment if freight charges are paid

Railways Act, 1989, Section 70 - Prohibition of undue preference in the carriage of goods - Priority ‘C’- General Order No. 93 - Railways, which is a public service rendered by a common carrier - General Order No. 93 can be termed as delegated legislation, binding the Railways - The railway administration, thus, has no jurisdiction/authority to refuse a consignment if freight charges are paid - Even if the consignors/consignee defaulted or evaded freight earlier for transportation of goods, the railway administration (as a common carrier) cannot refuse to accept any consignment, if freight charges are paid for it - Section 71(3) of the 1989 Act, mandates the Railways to comply with the directions passed by the Central Government under Section 71(1) of the said Act and the Railways acted in complete violation of such statutory provisions in refusing the right of transport of goods to the petitioners under Priority ‘C’ arbitrarily and unilaterally. #2020 SCeJ 2237