RAMNATH AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition the petitioners, who inter alia, are Railway contractors have impugned the order of circular letter of the Chief Engineer, Central Railway (Exhibit C-1 to the petition), by which the petitioners were removed from the approved list of Railway contractors. The said order, after indicating that a decision had been taken to remove the petitioners firm, purports to give reasons for the action but indicates clear that these reasons and even the facts for the order for removal are not to be communicated to the party. Paragraphs 2 and 4 of this order are material and may be set out :

(2.) The petitioners have contended that the reasons given are erroneous and that the petitioners had never defaulted in carrying out any contracts. According to them, it was not true that they had failed to execute certain contracts satisfactorily. On the other hand, according to the petitioners, they had made genuine claims in respect of several contracts which were wrongly denied by or on behalf of the Railway administration, as a result of which the petitioners were compelled to seek reference to arbitrations. It was contended that in such arbitrations ultimately awards were made in favour of the petitioners. This has not been accepted on behalf of the respondents and attempts have been made on affidavit to indicate the various aspects of the unsatisfactory execution of contracts by the petitioners.

(3.) In the view that I have taken, which will be shortly indicated, it is unnecessary to go into this aspect of the matter. Prima facie, however, I think the decision is that of the Railway administration. If on certain facts two views are possible and the Railway administration takes the view against the petitioners, then, if it is a possible view, the Court may be able to say that it is not the view that the Court would have taken. In other words, the Court will not substitute its judgment for that of the Railway administration.