SENBO - NAYAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, learned Senior counsel for the petitioner and Mr. G. Goswami, learned Standing Counsel, Railways.

(2.) Considering the nature of the case and also as submitted by learned Senior counsel for the petitioner, this Court is of the view that the present writ petition can be disposed of at this stage without issuing any formal notice to the respondents.

(3.) This writ petition arises out of the termination of contract which was awarded in favour of the petitioner for execution of certain works relating to construction of Single Line BG Tunnel No.1 (App. Length 1733 RM) from km 2.090 to Km 3.823 in between station Bhairabi to Sairang in connection with construction of New Railway BG Line from Bhairabi to Sairang, Mizoram. It appears that the said work was to be completed within 24 months. However, the petitioner could execute about 98% of the work in about 84 months. The petitioner states that because of various difficulties faced in the course of execution of the work, the Railway authorities themselves extended the time up-to 30.04.2020. However, as his bad luck would have it, because of the Covid pandemic, the petitioner could not complete the remaining work because of which the Railway authorities issued the notices of termination of the contract as provided under the terms and condition of the agreement, by a 7 days notice and second by a 48 hours notice vide notice dated 04.03.2020 and 19.03.2020. Thereafter, termination notice was issued on 23.03.2020 (wrongly typed as 23.03.2019 in the termination letter).