MAHENDRA KUMAR TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a public spirited person has called in question the propriety and validity of the action of the Railway authorities who have in total violation of the established norms and procedure and on consideration of extraneous facts have granted catering licences to the respondents 4 to 6, though the Railway Administration on objective assessment of complaint had cancelled their licences on earlier occasion.

(2.) The essential facts which need narration for disposal of the present application are as follows :-

(3.) A return has been filed by the respondents 1 to 3, the Railway authorities. While traversing the allegations made by the petitioner they have stated that as initially there was an order of status quo by the Court and the licensees continued but ultimately on assessment of their performance their licences were terminated. In the second round of litigation before the Civil Court, the Court refused to grant any interim order of injunction. They have disputed the fact of issuance of avertisement to fill up the vacancies caused due to termination of licences of respondents 4 to 6. Their stnd is that a Notification was issued for filling up to vacancies caused due to the termination of the licence of Shri V. P. Diwadkar, a catering licensee of Itarsi. It is also disputed by the Railway Administration that no loss had ever been caused to the Railways. However, it is admitted by the said respondents that though the licences of the respondents 4 to 6 were terminated but on a review of the matter it was decided to restore their licences on ad hoc basis on certain terms and conditions for a period of six months. The said grants have been made by order dated 26-2-97 which has been brought on record under R-3.