MOHINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The question that this petition under Arts. 236 and 227 of the Constitution of India raises is as to the validity of a circular of the Railway Board banning all business dealings with the petitioner, an erstwhile contractor on Indian Railways, including projects, for an indefinite period.

(2.) It is not disputed that the petitioner has been a registered Railway contractor and has been having dealings with the Indian Railways until August 1973, when, apparently as a sequel to dissatisfaction with the petitioner, dealings with the petitioner on the Indian Railways, including projects, were banned for an indefinite period by a circular of the Railway Board of August 26, 1973 (Annexure P-5). The petition is replete with references to Arts. 14, 19 and 301 to 304 of the Constitution of India, but at the hearing of the petition it was conceded on behalf of the petitioner that the assault mounted on the impressive constitutional edifice was not open to the petitioner because of the suspension of the fundamental rights and because Arts. 301 to 304 of the Constitution deal with a different aspect of freedom of trade. The challenge to the validity of the impugned circular was, therefore, confined to the contention that, inasmuch as the circular affected the interest of the petitioner as a businessman, it was invalid having been made without affording a reasonable opportunity to the petitioner of being heard.

(3.) The only question that, therefore, requires consideration is whether, independently of the constitutional provisions, referred to .above, the circular is liable to be struck down on the ground that being condemnatory of the petitioner it was made without affording a reasonable opportunity to the petitioner of being heard.