Pankaj Miglani vs Union of India and others

Rajiv Sharma, ACJ (Oral)

Manoj Kumar Tiwari, J.

On the oral application of Mr. Pankaj Miglani, Divisional Railway Manager, North-Eastern Railway, Izzat Nagar Division, Bareilly is added as

respondent no. 5

Counter affidavit(s) be filed by the respondents within three weeks.

Petitioner has espoused various issues concerning timings and the cleanliness of the trains/ platforms in the State of Uttarakhand. According to the

averments made in the petition, Indian Railways is touching life of almost every people across India covering 29 States and 7 Union Territories. The

first ever commercial train in India ran from Mumbai to Thane on 16th April, 1853. Indian Railways is the fourth largest railway in the world and it is

the single largest employer in the world. According to the petitioner, there should be scientific and professional cleaning of the coaches.

An attempt has been made by the Indian Railways in the year 2010 by one of its wing named as ‘Centre for Advanced Maintenance

Technology’ (hereinafter referred to as CAMTECH).

Number of trains originate from the State of Uttarakhand. ‘On board house keeping service’ has been launched in the trains, but it is

restricted only to a few trains. Recently a train called ‘Naini-Doon Jan Shatabdi Express’ was launched. It is only a chair-car train. This train

has 12 coaches, including three second â€" class, five second class chair car, two AC chair car, two second-class luggage / parcel van (SLR/SLRD)

and a guard van. It leaves Kathgodam on Monday, Tuesday, Wednesday, Friday and Saturday. It has given an additional connectivity between

Kathgodam and Dehradun. Number of lawyers are likely to use this train leaving Kathgodam to Dehradun and back. However, this train will not run

on Thursdays and Sundays. The lawyers/ litigants have to come back from Dehradun to Kathgodam for their onward journey to Nainital on Sundays

for attending their work on Mondays.

According to the petitioner, Railways is neglecting proper hygiene and cleanliness inside and outside the coaches including platforms. The petitioner

has also brought to the notice of the Court that the timings of the train called ‘Naini-Doon Jan Shatabdi Express’ are not conducive to the

lawyers, litigants and tourists, who have to travel from Kathgodam to Dehradun and back. A suggestion was made that the train may leave

Kathgodam at 5 o’clock in the evening and come back from Dehradun at 5 o’clock in the morning.

The Court is of the considered opinion that absolute cleanliness and hygiene should be maintained inside the coaches and the coaches should be

washed every day from outside. The trains running between Kathgodam and Dehradun must have an executive coach. Cleanliness must be as per the

norms laid down in Annexure-1 with the help of high pressure jet cleaning equipment (static), high pressure jet cleaning machine (mobile) and external

washing (manual). A detailed procedure has been provided for internal cleaning of AC and non-AC reserved coaches and internal cleaning of GS,

General Car / SLR, Parcel / Luggage Van.

Mr. Pankaj Miglani, petitioner appearing in person submitted that the Air Conditioned coach attached to ‘Ramnagar-Chandigarh Weekly Super

Fast Intercity Express’ is not upto the mark.

We can take judicial notice of the fact that the platforms, including the toilets are not maintained hygienically. There should be proper cleanliness

and hygiene. The platforms/toilets should be maintained hygienically. The Railways must use high pressure water jet cleaner to wash the coaches

from outside and they must use spray extraction machine and steam cleaner as well. There is a procedure for enroute cleaning in Rajdhani and

Shatabdi trains as well as on board house keeping services. The same procedure should be followed in the ‘Naini-Doon Jan Shatabdi Express’

running in the State of Uttarakhand.

Accordingly, the following mandatory interim directions are issued to the Railway Administration:

(i)Â The Railway Administration is directed to maintain cleanliness inside the coaches as per the norms laid down in Annexure-1 and all the coaches

should be cleaned from outside before the departure of the trains on day to day basis. There should be enroute cleaning of Shatabdi trains as well as

‘Naini-Doon Jan Shatabdi Express’ running in the State of Uttarakhand.

(ii) The Railway Administration is also directed to consider to have one ‘executive coach’ in the train running between Kathgodam and

Dehradun; namely, ‘Naini-Doon Jan Shatabdi Express’.

(iii) The Railway Administration is also directed to consider running ‘Naini-Doon Jan Shatabdi Express’ on Thursdays and Sundays also in

larger public interest.

(iv) The Railway Administration is further directed to consider change of the timings of the train called ‘Naini-Doon Jan Shatabdi Express’ to 5

o’clock in the evening from Kathgodam to Dehradun and from Dehradun to Kathgodam at 5 o’clock in the morning.

(v) Respondent no. 4 and the newly added respondent no. 5 are directed to maintain absolute cleanliness and hygiene on platforms, including toilets in

the State of Uttarakhand.

(vi) The Railway Administration is directed to ensure a new Air Conditioned Coach in ‘Ramnagar-Chandigarh Weekly Super Fast Intercity

Express’ train running on Mondays.

List this matter on 20th September, 2018.