LAWS(CAL)-2012-9-79

JAYANTA KUMAR GHOSH Vs. UNION OF INDIA

Decided On September 05, 2012
JAYANTA KUMAR GHOSH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner responded to a tender notice issued by Indian Railway Catering and Tourism Corporation Limited (hereafter the Corporation) for operation and management of catering and on-board services on 2345-46, Saraighat Express and 2331-32, Himgiri Express trains (hereafter the said trains). THE Corporation by its letter dated November 23, 2006 conveyed to the petitioner the decision of awarding him licence for management of catering and on-board services on the aforesaid trains on payment of licence fee of Rs. 43,35,155.00 per annum, subject to other terms and conditions mentioned therein as well as the bid documents. THE bid documents provided that term of licence for pantry cars would be five years from the date of commencement of services and that there shall be no extension.

(2.) THE petitioner claims that he complied with all terms and conditions and started rendering services from January 4, 2007 to the full satisfaction of all concerned including the passengers who boarded the said trains.

(3.) ON or about February 3, 2012, a tender was floated by Eastern Railway for grant of licence for management of on-board and catering services in the said trains. Such tender, according to the petitioner, was a secret one issued to frustrate the pending application for extension dated January 27, 2012.