MAHBOOB ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this writ petition, petitioner seeks direction to the Railways against preparation of en route meals in Pantry Cars, pick up the same from departmental run base kitchens and serve the passengers and not to allow pantry Cars in trains with sufficient number of stoppages particularly when the time-gap between two stoppages is less than two hour duration. Further relief sought by the petitioner is to direct the respondents to give wide publicity for issuance of tenders so that interested contractors may also fill up the tenders and remove eligibility criteria of turn-over of rupees three crores per annum.

(2.) THIS is a Public Interest case initiated by petitioner, who is ex-Railway Contractor. Precisely, his grievance is that the Railways are permitting contractors of Pantry Cars to prepare meals and serve to the passengers en route in various trains mentioned in the writ petition. For this purpose, gas cylinders are being used. This is being done in violation of Circulars and catering Policy - 2000, providing for how pantry cars are to be run and meals to the passengers to be provided through casserole from departmental run base kitchens. Violation of the policy, circulars and directions involves risk to the public and passengers in the trains since Pantry Car contractors keep number of gas cylinders in running trains for preparing meals to be served to passengers, which may catch fire and are dangerous to life and safety of passengers. Something could be said about long distance trains running late hours but short distance trains should not be provided with pantry cars.

(3.) FURTHER, tenders for pantry car contracts should be such that more and more contractors become eligible to participate in the tenders for pantry car contracts, otherwise fixing annual turnover of three crores of rupees means excluding number of contractors and inclusion of favourites who are monopolising these contracts either by taking them in their names or in the name of other contractors. Tenders should be invited through wide publication in the newspapers of national importance and local newspapers so that favouritism is excluded and system becomes more transparent and acceptable.