
NEW DELHI: The Commissioner of Railway Safety from the Northern Circle has recently refused to comply with an order of its head, Chief Commissioner of Railway Safety, pertaining to the submitting of train accidents' draft inquiry report before issuing a preliminary investigation report.
The Commissioner of Railway Safety (CRS), Northern Circle, has also termed the Chief Commissioner of Railway Safety's (CCRS) circular "contrary to the law."
When contacted, the CCRS Janak Kumar Garg's office said that the direction was first issued in 2012 to all CRS asking them to share the draft inquiry report of the first three accidents to help them understand the format in which the investigation reports should be compiled.
"The order was issued in accordance with the Railway Act 1989," Garg's office said.
CRS is a statutory body under the Ministry of Civil Aviation to independently investigate train accidents.
The rail operations across the country have been divided into nine circles to define the jurisdiction of each CRS, headed by a CCRS.
The matter pertains to a decade-old circular issued by CCRS asking all nine CRS to submit the draft inquiry report before issuing preliminary investigation reports of train accidents.
A year ago on June 2, 2024, a freight train derailed and fell sideways on the main passenger line after a rear end collision with another freight train between the Sirhind junction and Sadhoogarh railway station in Punjab.
Coincidentally, the Jammu Tawi Summer Special, which was crossing from the adjacent line around this time, hit the freight train's engine lying closer to the track and all the wheels of its engine derailed.
It was a narrow escape for hundreds of passengers.
While the CRS, Northern Circle, Dinesh Chand Deshwal was investigating the case, the CCRS issued a letter on July 5, 2024, directing him to submit the draft enquiry report before submitting the preliminary investigation report as per a procedure circular which the CCRS office had issued over 12 years.
"In this regard, it is advised that the preliminary report has been submitted to the Chief Commissioner of Railway Safety and the Railway Board simultaneously in accordance with the statutory provisions under the Statutory investigation into Railway Accident Rules, 1998 (Rule-3)," the CRS, Northern Circle's recent letter said.
It added, "As the said provision of the Procedure Circular issued by the CCRS office is contrary to the law and hence can not be complied with... Also, as a fundamental principle of an independent inquiry, the investigation process including finalisation of the report by the Commissioner who is conducting the inquiry should be free from any censorship/influence of any other authority," it said.
The letter advised the CCRS that the inquiry proceedings, including submitting the preliminary report to the CCRS and the Railway Board simultaneously, is in accordance with the provisions of the Rules, notified under the Railway Act.
"It is also requested that the said provisions of the Procedure Circular-5 may be reviewed and revised in accordance with the statutory provisions under Railway Act governing Railway accident inquiries," the letter said.
Sources said that all nine circles were complying with the Procedure Circular-5, issued in 2012, and it is for the first time that the Northern Circle refused to abide by it, referring to legal provisions.
A section of experts has supported the Northern Circle's stands arguing that commissioners are experienced officials having adequate exposure and knowledge of handling train accidents/incidents in the past in zones and divisions.
"Asking CRS to share the draft inquiry reports amounts to interference in the investigation process as the Railway Act ensures independence to each CRS in accidents/incidents probes," a former CRS said, requesting anonymity.