PABITRA KUMAR DUTTA Vs. GENERAL MANAGER EASTERN RAILWAY

JUDGEMENT

(1.) The fifteen petitioners in this writ petition (the fifteenth petitioner is an association) question the similar orders of the Senior Divisional Commercial Manager, Eastern Railway, Howrah dated May 5th, 2005.

(2.) One of the orders reads as follows :-

(3.) It is argued that the orders are violative of Arts. 19 and 21 of the Constitution of India Counsel says that they are also violative of Art. 14 in that the unfair and unreasonable step was taken without any disclosed reason, and also without following the due process of law. His argument is that without initiating requisite proceedings the authorities were not empowered to decide to remove the persons concerned from the parts of the railway occupied by them on the strength of the respective licences granted by the authorities in the past. It is further argued that the policy decision sought to be put into use by the authorities is violative of Art. 14 of the Constitution of India. Counsel relies on a division bench decision of the Allahabad High Court dated March 23rd, 2005 given in Civil Misc. Writ Petition No. 475 of 2005 (reported in 2005 All LJ 2015) (A. H. Wheller and Company (P) Ltd. & Anr. v. Union of India & Ors.).