Section 115 of the Railways Act, 1989 deals with the situation where the Commissioner is either unable to hold an inquiry into a railway accident or has decided not to hold one. In such cases, it places the responsibility on the railway administration to carry out an inquiry into the accident, following a prescribed procedure.
Text of Section 115:
Section 115: Inquiry by Commissioner
Where no inquiry is held by the Commissioner under sub-section (1) of Section 114, or where the Commissioner has informed the railway administration under sub-section (2) of that section that he is not able to hold an inquiry, the railway administration within whose jurisdiction the accident occurs, shall cause an inquiry to be made in accordance with the prescribed procedure.
Detailed Explanation:
This section ensures that even if the Commissioner is unable or unwilling to conduct an inquiry into a railway accident, there is a fallback procedure in place. In such cases, the railway administration involved is obligated to conduct the inquiry themselves.
Key Points in Section 115:
- Failure of the Commissioner to Hold Inquiry:
- If the Commissioner either does not hold an inquiry after an accident or informs the railway administration that he is unable to do so (as per Section 114(2)), the railway administration is required to take action.
- Responsibility of the Railway Administration:
- The railway administration in whose jurisdiction the accident occurred must initiate its own inquiry into the incident.
- This ensures that no accident goes without investigation, even if the Commissioner is unavailable or chooses not to investigate the matter.
- Adherence to the Prescribed Procedure:
- The railway administration must conduct the inquiry in line with the prescribed procedure. The procedures are likely set out in regulations or rules made under the Act, and could include steps like forming an inquiry committee, gathering evidence, and examining witnesses.
Practical Implications:
- For Railway Authorities:
- The railway administration must be ready to take on the responsibility of conducting an inquiry if the Commissioner does not or cannot. This means they need to have the necessary procedures, resources, and authority in place to investigate the causes of accidents thoroughly.
- The railway administration must ensure that the prescribed inquiry procedure is followed meticulously to guarantee transparency and thoroughness in investigating the cause of the accident.
- For Legal Professionals:
- Lawyers can use the findings of an inquiry, whether conducted by the Commissioner or the railway administration, to build their cases, particularly when it comes to claims for compensation or liability issues arising from accidents.
- If the inquiry is not carried out correctly, it could be grounds for challenging the outcome of the inquiry in court or before a Claims Tribunal.
- For Accident Victims and Families:
- In cases where the Commissioner does not hold an inquiry, the railway administration is still obligated to investigate the accident. This gives the victims or their families confidence that the incident will be examined, and the causes will be identified, even if higher authorities do not take action.
- The outcome of this inquiry can form the basis for legal actions or compensation claims.
Conclusion:
Section 115 of the Railways Act, 1989 ensures that an inquiry into a railway accident is conducted even if the Commissioner is unable or unwilling to do so. It shifts the responsibility to the railway administration in such cases, ensuring that the cause of the accident is investigated, and accountability is maintained. This section strengthens the framework for railway safety and transparency, ensuring that no significant accident goes unexamined, and the appropriate legal processes are followed.
