(1.) The present petition has been filed by the petitioner with the following prayers:
(2.) It is the case of the petitioner that an Agreement was entered between the petitioner and the respondent for the purpose of collecting, carrying, conveying and delivering parcels, luggage and goods as forwarding services on October 25, 2006. The said Agreement was effective from October 09, 2006 till March 31, 2008. On March 25, 2010, the validity of the Agreement was extended till March 31, 2011. It is the case of the petitioner that on January 22, 2014 all city booking agencies of Delhi area were directed to install Parcel Management System. Such a direction was reiterated on March 27, 2014. On March 30, 2015, the Agreement as referred above was extended for three months till June 30, 2015. On June 15, 2015, a notice of termination was given by the respondent. It is the case of the petitioner that between June 22, 2015 to April 08, 2016, various representations were made by the petitioner to different authorities for restoration of the Agreement. In the said representations, the petitioner had also referred to an order passed by this Court in W.P.(C) No. 6421/2015 filed by Northern Railway Out Agency (NOIDA). It is noted that as nothing was heard by the petitioner, the petitioner on April 18, 2016 filed a Writ Petition No. 3371/2016 before this Court. The said writ petition was disposed of vide order dated April 25, 2016 whereby this Court had directed the respondent to treat the writ petition as a representation and to consider the same within a period of four weeks. The respondent was to afford an opportunity of hearing to the petitioner and pass a speaking order, which shall be communicated to the petitioner within one week of the passing of the order. There is no dispute that a hearing was given to the petitioner on May 27, 2016 and a final order was passed on June 03, 2016 whereby the respondent has rejected the request of the petitioner for renewal of the city booking agency. It is this order, which is under challenge in this writ petition, along with circular 5/2016 and letter dated May 20, 2016. The circular 5/2016, was issued, terminating the agreement with respect to seven out agencies including the petitioner herein and, the communication of the same to the Agencies vide letter dated May 20, 2016.
(3.) A counter affidavit has been filed by the respondent wherein a stand has been taken that vide letter dated January 22, 2014, a circular of Railway Board was issued regarding the installation of Parcel Management System in all city booking agencies in Delhi area. The agencies were directed to arrange for infrastructure for installation of PMS as per specifications given by CRIS. The PMS is a software module for online booking, delivery etc of parcels. A reference is also made to letter dated March 27, 2014 wherein the Railway Board had clarified to all including the petitioner that PMS installation done by CBAs in their premises will be certified by regional office of CRIS. Therefore, the petitioner was requested to complete the PMS work at his premises immediately. It was also informed that if PMS is not installed in his CBA, action will be taken in accordance with the Rules. It is stated that three opportunities were given to the petitioner to follow the instructions. However, the petitioner did not comply with the directions regarding installation of PMS despite repeated request.