SRI RAMAKRISHNA TRAVEL SERVICE, REP. BY T. BALA SUDERSHAN REDDY Vs. GENERAL MANAGER, SOUTH CENTRAL RAILWAY

JUDGEMENT

(1.) THIS writ petition has been filed seeking a Writ of Mandamus declaring the proceedings of the Senior Divisional Commercial Manager, South Central Railway, Guntakal - 3rd respondent in proceedings No. G/C203/ RTSA/TPTY/1/2006, dated 24.10.2006 as arbitrary and illegal and consequently to direct the 3rd respondent authority to renew the licence of the petitioner.

(2.) THIS Court issued Rule Nisi on 2.8.2007 and a counter -affidavit was filed.

(3.) IT is stated that the petitioner is running a travel agency for the last three decades in the name and style of 'Sri Ramakrishna Travel Service' and taking out his livelihood and has also employed six others. He requested the Railway authorities for grant of agency at Tirupati to book tickets. It is further stated that the South Central Railway Authority, Guntakal called for applications in the year 1995 -96 in the daily news paper from aspiring agents by formulating certain rules and conditions. The Divisional Office, Commercial Branch Guntakal vide letter No. G/C.203/RTSA/95, dated 17.3.1997 appointed the petitioner as authorized agent for a period of three years. Thereafter, his licence was renewed from time to time, latest being from 1.7.2003 to 30.6.2006. As the licence is going to expire on 30.6.2006, the petitioner submitted a representation for renewal on 24.6.2006 to the Senior Divisional Commercial Manager, South Central Railway along with performance of last three years. As there was no response, he made another representation on 8.8.2006. It is also stated that on 11.8.2006 the petitioner received a letter dated 11.7.2006 stating that the competent authority (DRM) has not agreed for extension, without assigning any reasons. Aggrieved by the same, the petitioner filed W.P. No. 18199 of 2006 and this Court granted interim direction on 27.9.2006. It is also stated that the 3 respondent without following the statutory rules and also Railway Board Instructions rejected the renewal of licence on 24.10.2006 on flimsy grounds. It is further stated that the licence of the petitioner was terminated without issuing any show cause notice. The Government of India vide letter dated 24.4.2006 addressed to the Chief Commercial Managers, all Zonal Railways directing them to renew the licences of RTSAs, which are due for renewal for a full term of three years subject to condition that as and when the new scheme is implemented it will have immediate effect. In such circumstances the petitioner had filed this writ petition.