PRADEEP KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This is the second round of litigation for these six Petitioners who were working as 'Iron Patti Packers' at the New Delhi Railway Station for nearly two decades pursuant to licences issued by the Divisional Railway Manager (DRM) of the Indian Railways (Respondent No. 3 herein).

(2.) The trouble for the Petitioners began when all of a sudden, by a letter dated 23rd August 2007, their licences were terminated. When their attempts to ascertain the reasons for the termination did not succeed, they approached this Court by filing Writ Petition (C) No. 6760 of 2007 etc. This Court was informed through the counter affidavits filed by the Respondents in the said petitions that "the termination was necessitated inasmuch as certain complaints were received in respect of illegal activities on the part of these Petitioners." The allegation was that the Petitioners were committing illegalities hand-in-glove with railway. This Court found it to be the admitted position that "there has been no communication of any illegal activities or misbehavior to the Petitioners which is the basis of these writ petitions." This Court found that "it is a fact that the Petitioners have been holding licences for a period of over 25 years. Their licences have been terminated on grounds which were never communicated to them. Certainly such termination is not sustainable being violative of principles of natural justice and settled principles of law." Further this Court observed that 'no policy has been placed before this Court in support of the contention that these licences are being discontinued.' This Court also found that the Respondents had failed to deal with the grounds urged by the Petitioners in their representations dated 24th and 29th August 2007.

(3.) Consequently, while allowing the Petitioners writ petitions by the order dated 6th February 2008, this Court issued the following directions: