JANTA TRAVELS Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition u/Art. 226 of the Constitution of India, the petitioner has prayed that an order dt.9.1.89 terminating its licence as an agent under the Authorisation of Rail Travellers Service Agent Rules, 1985 (the Rules) be quashed.

(2.) The petitioner was granted a licence u/R.4 of the Rules authorising it to act as a rail travellers service agent.

(3.) By a notice dt. 19.8.88, the petitioner was called upon to show cause why its licence may not be terminated. It was alleged that during surprise check of 41 DN Mussoric Express on 17.4.88, "it was found that only 19 passengers against reservation of 69 were travelling in coach No. S-2 and S-4 out of these 19 passengers were found travelling in other names on transferred reservation. The reservation of 69 passengers was procured by the representation of an unauthorised travel Agency of Bombay (Kesari Travels) through your agency. A perusal of reservation slips tendered for this party indicate that it has been sponsored by you. It was, therefore, inferred that these reservations were "procurred by you for unauthorised travel agency in monetary consideration". Further, it was alleged that two 'warnings' dated 16.6.87 and 11.5.88 were issued but inspite of this, the petitioner "again indulged in unauthorised trade of procuring reservation thereby violating terms and conditions laid down for the grant of licence".