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Showing posts with label Bombay High Court. Show all posts
Showing posts with label Bombay High Court. Show all posts

Monday, 8 February 2016

15:21

Central Railways, Western Railways choose different business models for medical rooms

Central Railways, Western Railways choose different business models for medical rooms

The CR wants hospitals to come forward and operate the EMRs in such a way that they become on-station clinics, where railway passengers can go for consultancy after paying a fee.

While both Western and Central Railways have embarked on the process of setting up Emergency Medical Rooms (EMRs) at railway stations, as mandated by the Bombay High Court, the model chosen by the two has been different.

While the CR wants hospitals to come forward and operate the EMRs in such a way that they become on-station clinics, where railway passengers can go for consultancy after paying a fee, the WR is clear that the firms running the EMRs will only be used to treat train accident victims.

One of CR's tender specifications for the EMRs is that "while medical practitioners are available and not attending to the injured passengers, they could extend consultancy to bonafide train commuters for a fee, if they wish to consult them while waiting at the station". This, officials said, will make these rooms like clinics for the hospitals and give them a chance to increase their outpatient clientele.

"Since the equipment at the EMRs will include automatic ECG machines, blood pressure instruments and the like, commuters can get themselves checked for a fee while waiting for a train," said a CR official. CR officials are confident that the model can be successful and they expect several hospitals to come forward to run such clinics at more stations.
WR's tender is, however, a terse one, saying that those running the EMRs will use them to "provide emergency medical care to people injured due to untoward incidents on railway premises, like falling off/getting hit by trains".

"For the moment, it seems as if the WR is taking a risk. Chances of the EMRs remaining idle for long is high because the number of passengers injured at the station where the EMR is situated is likely to be a small one. Moreover, WR's model of EMRs will see it pay a fixed charge per doctor, nurse and attendant. CR's model is one where the hospital running the EMR pays to use the space while railways provides it electricity. The hospital can earn revenue by treating railway passengers for non-train-related ailments," said a railway official.

The EMR issue

In November 2014, the Bombay High Court ordered that both the railways set up EMRs to give railway accident victims quick treatment before they are taken to a nearby hospital. While the CR will have their EMRs at 12 stations, the WR will have it at 10 locations. The stations on CR are Thane, Mulund, Dadar, Panvel, Vashi, Dombivli, Kalyan, Diva, Ghatkopar, Kurla, Karjat and Wadala. The WR will have EMRs at Mumbai Central, Bandra, Goregaon, Churchgate, Borivli, Virar, Andheri, Kandivli, Vasai and Palghar

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Wednesday, 25 November 2015

08:19

Only Rail Neer at Railway Stations gets Bombay High Court nod

Only Rail Neer at Railway Stations gets Bombay High Court nod

Mumbai: The Bombay High Court recently upheld a circular issued by Indian Railwaysdirecting contractors and caterers having stalls on platforms and railway stations to stock and sell only ‘Rail Neer’ — packaged drinking water supplied by the IRCTC.

While dismissing the petition filed by Indian Railway Caterer’s Association, a division bench of justice SC Dharmadhikari and justice BP Colabawala on Monday said: “Good, clean, hygienic food and drinking water is an objective the railways want to achieve. Therefore, they procured the packaged drinking water under the brand “Rail Neer” manufactured by the IRCTC. We do not see how the petitioners can complain. Their right to deal with and carry on business with railways is in no way being affected.”

The association claimed that by compulsion, the railways are monopolizing supply of drinking water. Further, the compulsion to procure and supply drinking water only from the catering corporation is violative of mandate of Article 19(1)(g) of the Constitution of India. The restriction placed is not reasonable and violative of mandate of Article 14 of the Constitution of India. It was also argued that as petitioners’ members will not be able to stock and supply packaged or bottled drinking water of the brands duly approved by the railways, the choice of consumers will also be restricted.

Additional solicitor general appearing for the railways opposed the plea saying that “There is a clear policy evolved by the railways as regards to supply/sale of packaged drinking water to commuters, since 2001. The implementation was in phases. Now, the railways are confident that the demand for packaged drinking water could be met departmentally or from the sources such as IRCTC alone. Therefore, the right to carry on business of stall owners is neither interfered nor restricted. None can claim a fundamental right to sell food products or drinking water of the choice of licensee and not of the authorities like the railways.”

Singh also informed the court that since the stall owners had stocked up bottle water of other brands, the railway can consider its representation and allow them to clear the stock until then it would not impose penalty or take coercive action against them.

The court after going through the arguments and affidavits held that: “The consumers or passengers are not before the Court complaining about lack of choice, deficient quality of drinking water or drinking water being provided at a price which is not affordable. In such circumstances at the instance of traders and licensees, we cannot take cognizance of the submissions canvassed before us.”
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Sunday, 25 October 2015

07:55

Bombay High Court seeks survey to decode overcrowding in local trains. Ask Railways to Try bogies without seats in local trains




Bombay High Court seeks survey to decode overcrowding in local trains. Ask Railways to Try bogies without seats in local trains

Consider having an all-standee bogie in local trains: Bombay High Court to railways

Mumbai: The railways should keep experimenting with crowd management techniques to ensure a smooth ride for suburban railway passengers, the Bombay High Court said on Wednesday.

A division bench of justices Naresh Patil and SB Shukhre said, “Consider having an all-standee bogie in suburban trains to better manage crowds. At least, do it as a pilot project to check the results.”

The bench was hearing a public interest litigation after the court had taken suo moto cognisance of a letter written by a senior citizen, AB Thakkar, in 2009. Thakkar had said entering a jam-packed train during peak hours was a nightmarish experience for the elderly.

The bench also suggested to the railways to consider having double-decker suburban trains. Moreover, the state government has been told to consider appointing a private agency to carry out a survey to analyse the movement of passengers during peak and non-peak hours to come up with ways to better management.

The railways informed the court that around 38,000 senior citizens travel daily on suburban trains. The railways has, after court orders, reserved 14 seats in a compartment for the elderly. Justice Patil suggested to the railways to consider having space for senior citizens in ladies special trains.

The bench, however, going back to its original issue of overcrowding, said, “During peak hours, can a senior citizen enter the compartment? If not, then how can s/he even be able to reach to his/her seat?”

The court has given the railways time till November 18 to get back to it on the suggestions made.
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Tuesday, 23 June 2015

20:48

Will hike auto, taxi fares based on Hakim panel report

Will hike auto, taxi fares based on Hakim panel report

Mumbai: The Maharashtra government today informed the Bombay High Court that taxi and autorickshaw fares would be increased based on the recommendation of the now-scrapped Hakim Committee till the newly set up committee submits its report.

The Mumbai Metropolitan Road Transport Authority (MMRTA) had on May 11 proposed a hike in the basic fare for autorickshaws and taxis based on the recommendation of the erstwhile Hakim Committee. The minimum fare for autos is expected to go up from Rs 17 to Rs 18 while taxi fare is likely to go up from the minimum Rs 21 to Rs 22.

The state government had earlier approached the high court seeking approval for the proposed hike. The court’s approval is required as a PIL was earlier filed by consumer body Mumbai Grahak Panchayat challenging the recommendations of the Hakim committee.

Government pleader Abhinandan Vagyani today told a division bench headed by Justice N H Patil that till the new committee headed by a retired high court judge does not submit its report, the government has decided to go ahead with the hike in fares based on the Hakim committee recommendation.

“From June 25 recalibration of the electronic meters of autos and taxis will start. Once the recalibration process is over the fare hike will be in place,” Vagyani said.

The court has posted the matter for further hearing tomorrow. Meanwhile, the court today adjourned till June 29 a petition filed by the Mumbai Grahak Panchayat seeking contempt action against the taxi and autorickshaw unions for resorting to strike on June 15 and 17 in the city.

Taxi and autoriskshaw drivers had gone on strike to seek implementation of the proposed hike in fares and against scrapping of a one-man committee which recommended the hike. The contempt petition contended that the high court had passed an order in August 2013 observing that taxi and auto unions should not threaten to go on strike time and again.

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Tuesday, 24 February 2015

17:42

Can’t provide Police Protection to all Outstation Trains, Railways tells Bombay HC


Can’t provide Police Protection to all Outstation Trains, Railways tells Bombay HC

24/02/2015

Mumbai: Indian Railways has informed the Bombay High Court (HC) through an affidavit that it will not be able to provide police protection to all outstation trains owing to lack of sufficient manpower. However, the affidavit states that it will provide protection at night to trains plying on vulnerable routes.

A division bench of justices Abhay Oka and Anil Menon has asked the railways to reconsider its stand, saying that it was required for the safety of passengers.

The HC was hearing a petition filed by Bhavika Mehta, who lost a leg while chasing a thief aboard a train in 2012, seeking the presence of policemen aboard outstation trains.

The affidavit filed by Alok Bohra, Senior Divisional Security Commissioner, RPF, Central Railway, states that in the wake of the increasing crime rate on trains, the ministry of railways had laid down guidelines for escort duty.

“The directives mainly aim at effectually identifying the vulnerable/highly vulnerable trains by respective zonal railway protection force officers escorting such trains,” says the affidavit.

An average of 1,300 trains that ply on vulnerable and identified routes/sections are escorted by RPF teams daily, in addition to 2,200 trains being escorted by GRP teams from different states.

The affidavit states that the railways has taken steps to ensure the safety of passengers, especially in women’s compartments. All ladies special trains running in metropolitan cities and ladies coaches of local trains are being escorted by RPF and GRP officers. The railways also said it is considering providing mobiles to all train escorts.

Further, the creation of 4,192 posts for lady RPF personnel has been announced in the railway budget of 2014-15. The proposal is pending with the finance ministry. Moreover, 8 mahila vahinis, consisting of 1,056 lady RPF personnel, have been sanctioned, states the affidavit.

“An integrated security system consisting of electronic surveillance of vulnerable stations through CCTV, access control, anti-sabotage checks has been finalised to strengthen surveillance mechanism over 202 sensitive stations,” it adds.

Mehta, the petitioner, was travelling from Amritsar to Mumbai Central in 2012 when she was robbed by a thief. When she tried to chase him, he pulled her out of the running train while escaping.

Mehta had approached the court seeking compensation from the railways for medical expenses she incurred after her accident. Since she could not avail of medical aid in a nearby railway/civil hospital, she got herself admitted to a private hospital in Chandigarh, for which she claimed a compensation of Rs.9 lakh. This was granted to her, but the railways later denied her claim for compensation for a prosthetic leg, which cost her another Rs.5 lakh.
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