The Bombay High Court directed the Railway Board, Delhi to take a fresh decision regarding the restoration of the concessions which were withdrawn for the purpose of discouraging passengers from undertaking nonessential travel at the time when COVID-19 pandemic was at it’s peak.
The Nagpur Division Bench of Justice Sunil B. Shukre and Justice M.W. Chandwani disposed of a Public Interest Litigation (PIL) filed raising the grievance that concessions which were withdrawn vide order dated 19/03/2020 to serve a specific purpose, the purpose of discouraging the passengers from undertaking nonessential travel at the time when COVID-19 pandemic was at it’s peak, could not have been continued even after the pandemic period is over.
Nandesh Deshpande, Deputy Solicitor General Of India, submitted that most of the concessions have been restored and this can be seen from the list of the concessions mentioned in the reply of the Railways.
According to the petitioner in person, most of these concessions listed in the reply existed even after issuance of the order dated 19.03.2020 and therefore, there is nothing great about the reply of the railways.
On going through the order dated 19.03.2020 and also the reply of the Railways, the Court found that there is substance in the submissions of the petitioner in person. The order dated 19.03.2020 was issued to serve a specific cause and had a background of situation of COVID-19 pandemic. Now that purpose is over with the COVID-19 pandemic having been been abated. In the changed circumstances, it was necessary for the railways to take a fresh decision in respect of continuation of the withdrawal of concessions or otherwise. The railways was also be at liberty to modify the concessions that were prevalent before 19.03.2020. What was necessary for the railways was taking of a fresh decision in accordance with law in the changed circumstances, which it has not taken so far.
The Court therefore, directed the Railway Board to take a fresh decision regarding restoration of the concessions which were withdrawn vide order 19.03.2020, or otherwise as early as possible and preferably within three months from the date of receipt of the order. The Bench granted liberty to the petitioner to approach the High Court, if there is a fresh cause of action arising in the matter.