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TMI Blog2006 (10) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... omotives are transported either on road trailers or on flat bed railway wagon, by tying the same using wire ropes and tackles. In the case of larger size locomotives, the practice is to send the locomotive attached to a goods train. This mode is known movement "on its own wheels". For the purpose of movement of private locomotive on Indian Railway lines, the appellant makes an application for permission to the Research, Design and Standards Organization (RDSO for short), in Lucknow, which is under the Railway Ministry. RDSO, after examining the outer dimensions of locomotives, grants permission/certificate to move the locomotives 'on its own wheels'. For issuing the certificate, RDSO charges certain amount. The issue involved in this appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considers whether the locomotive can be safely moved on the Indian Railway lines, on the bridges, in the tunnels etc. which are en route the destination. The RDSO does not supply any design for locomotive. It does not also lay down any quality standards to be met by the appellant. It is merely a technical clearance for moving the locomotive "on its own wheels" attached to a goods train. The authorities below have, without examining the certificate, concluded that "it is nothing but quality control test". (iii) Every locomotive manufactured by the appellant does not require RDSO certificate. When the locomotives are moved by road, they move on trailers. When the locomotives are moved on flat bed railway wagons, no RDSO certific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is certified that the said locomotive can be permitted for movement after attaching it to separate good trains at a maximum speed of 50 km/h subject to various conditions. The conditions are with regard to track, bridges and some general matters. When we go through all these conditions, they are actually in the nature of certain instructions to the Railway engineers. For example, there is a certain stipulation with regard to the track on which the locomotive has to move and it is said that if the track of lower standard than mentioned above is to be used, then the Chief Engineer concerned shall decide the lower maximum permissible speed. Similar stipulations are with regard to the bridges. When the bridges are of lower standard, the Chief E ..... X X X X Extracts X X X X X X X X Extracts X X X X
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