ALLIED-TRIVENI-MODERN (JV) Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the dismissal of the writ petition dated October 09, 2013. The appellant was the writ petitioner, who approached the learned Single Judge complaining of the action of the respondent Railways as arbitrary and illegal for not affording an opportunity of hearing while the notice of termination was issued.

(2.) A tender was invited for earthwork in cutting and embankment with mechanical compaction, supplying, spreading and compaction of stone dust blanketing, extension of minor bridges, construction of new platform shed, and Foot over bridge, extension and widening of existing platforms, construction of panel buildings, linking of track and points and crossing, supplying, stacking and spreading of machine crushed stone ballast on cess, transporting of P. Way materials and other ancillary works between station Jiaganj and Bhagwangola in connection with doubling of railway line between Lalgola and Jiaganj.

(3.) It is not in dispute by virtue of letter dated May 06, 2013 work order pertaining to tender No. 37 of 2010-2011 was issued in favour of appellant. Terms and conditions laid down in the tender notice as well as the work order or contract agreement between the parties postulated which detailed programme in the form of approved bar chart indicating how the work has to be completed within a period of 18 months as stipulated in the terms of the agreement.