SAHNEY KIRKWOOD PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed with the following prayers :-

(2.) THE facts leading to the filing of the present writ petition are that the petitioner is a supplier of products to the respondent-railways and challenges a short-term ban of nine months and 21 days imposed on the petitioner. The respondent has taken the stand that the petitioner had received double payment for certain bills raised by it. The case of the petitioner is that a mere receipt of double payment by inadvertence cannot be construed as 'misconduct' so as to impose the penalty of black listing on the petitioner. It has been contended inter alia by the petitioner that even the respondent had twice recovered the money from the petitioner in the year 1999 and they themselves failed to repay the re-recovered amount for a period of 8 to 9 months. The petitioner had earlier approached this Court by filing Writ Petition No. 3829/2006 in which the following order was passed :-

(3.) THE aforesaid order of this Court led to an oral hearing given to the petitioner and the consequent order dated 1st November, 2007 which is the subject matter of challenge in the present writ petition. The said order reads as under :-