MOHHAMAD SABIR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition challenges the legality of the order of termination dtd. 6/6/2023 issued by the Railway Authority, which pertains to the contract entered into with the petitioner. The petition also questions the consequent forfeiture of the security deposit, the issuance of a new work order dtd. 22/6/2023, and the publication of a fresh e-auction notice dtd. 18/8/2023 inviting quotations from interested traders. Additionally, the petitioner seeks a direction upon the respondents to allow the petitioner to continue and complete the remaining scheduled trips under the terms and conditions of the original contract relating to the parcel service on Train No. 12311 Netaji Express (Ex-HWH to KLK, SLR).

(2.) Sans unnecessary details, the necessitous facts, as unfurled in the writ petition, that need to be adumbrated are as follows:

(3.) The petitioner challenged the legality and fairness of the impugned actions on multiple grounds. It was alleged that the goods were not weighed in the presence of the petitioner, rendering the claim of overweight detection arbitrary and baseless. Furthermore, the petitioner was neither given prior notice nor afforded an opportunity to respond or present a defence before the alleged weighment was conducted. This is particularly significant given that, in accordance with Clause 27.8, the Railway authorities were obligated to make a bona fide effort to conduct the weighment in the presence of the concerned leaseholder. The failure to adhere to this requirement constitutes a clear violation of the principles of natural justice.