POORVANCHAL CATERERS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who was awarded with the contract of onboard catering service on Train No.15639-40 (Guwahati-Puri Express), by the present petition has challenged the communications dated 19.07.2011 issued by the Deputy Chief Commercial Manager (T&C) terminating the licence granted to it for onboard catering service in the aforesaid train w.e.f. 21.07.2011 and also the subsequent communication dated 22.07.2011 issued by the same authority intimating detachment of the pantry car in the said train w.e.f. 21.07.2011 and discontinuing the licence of the petitioner with effect from the said date on the ground of expressing inability to operate the pantry car service in the said train. By the said communications, the petitioner has been advised to handover the possession of the pantry car as per terms of the contract. THE petitioner has also prayed for a direction to the respondent railway to extend the period of licence by 6(six) months w.e.f. 21.07.2011, in consonance with the Railway Board's circular dated 1st(4th) July, 2011.

(2.) PURSUANT to the policy guidelines issued by the Railway Board the process for settlement of the onboard catering service on various trains including the train No.15639-40 (Guwahati-Puri Express) was initiated, in which process the petitioner, having been found technically qualified and its financial bid being the highest, was allotted the onboard catering service in the said train by issuing the letter of award dated 29.01.2003. The said service, however, could commence from 14.07.2005 and the contract between the partners of the petitioner's firm and the Indian Railway Catering and Tourism Corporation Ltd. (in short IRCTC) was executed on 07.02.2006, giving effect from 14.07.2005. The period of the said contract was for 5(five) years w.e.f. 14.07.2005. The petitioner was also awarded with the contract for onboard catering service in another train being No.15941-42 (Dibrugarh-Jhajha Express).

(3.) I have heard Mr. Brijesh Kumar, learned counsel for the petitioner and Mr. U.K. Nair, learned standing counsel N.F. Railway appearing for the respondents.