Section 2(5) in The Statutory Investigation Into Railway Accidents Rules, 1998
(5)(a)If, for any reason, the concerned Commissioner of Railway Safety is unable to hold an inquiry at an early date after the occurrence of such an accident, he shall intimate by the fastest means of communication without any delay to the Chief Commissioner of Railway Safety of the reasons why the inquiry cannot be held by him. The Chief Commissioner may choose to conduct the inquiry himself or direct any other Commissioner to take up the inquiry or decide to let the inquiry be conducted by the Railway Administration. The concerned Commissioner shall thereafter notify the Railway Administration and the Railway Board accordingly.(b)On receipt of the proceedings of the joint inquiry (inquiry made by a Committee of Railway Officers) from the Head of the Railway Administration in accordance with rule 15 of Railway (Notices of and Inquiries into Accidents) Rules, 1997, the Commissioner of Railway Safety shall scrutinise the same, and in case he agrees with the findings of the joint inquiry, shall forward a copy of the report to the Chief Commissioner of Railway Safety alongwith his views on the findings and recommendations made. In case the Commissioner feels, he may direct the Railway Administration either to conduct inquiry de novo or re-examine specific issues and submit revised findings. On the other hand the Commissioner of Railway Safety, after examination of the joint inquiry proceedings, considers that an inquiry should be held by himself, he shall, as soon as possible, notify the Chief Commissioner of Railway Safety, the Railway Board, and the Head of the Railway Administration concerned, of his intention to hold as inquiry and he shall at the same time fix, and communicate the date, time and place for the inquiry.
