SANJU DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) By instituting the present writ petition under Article 226 of the Constitution of India, the petitioner has sought to invoke the extra-ordinary and discretionary jurisdiction of this Court to assail - [i] a Termination Notice dtd. 29/7/2021, issued by the office of the Chief Commercial Manager, North-East Frontier Railway, Maligaon, Guwahati; [ii] a Notice Inviting Tender [NIT] no. C-LMG-33-2021 dtd. 9/8/2021, published by the respondent North-East Frontier [N.F.] Railway; and [iii] a Vacation Notice dtd. 31/8/2021. By the Termination Notice dtd. 29/7/2021, the petitioner's services as Commission Vender had been terminated allegedly on the ground that his services were no longer required as per the Catering Policy. By the NIT no. C-LMG-39-2021 dtd. 10/9/2021, the respondent N.F. Railway invited e-Tenders from bidders for Catering Services at General Minor Unit [GMU] no. GHYTS-7 located at Platform no. 4/5 between Pillar no. 9-10 of Category A-1 Class for a period of five years. By the Vacation Notice dtd. 2/9/2021, the petitioner was asked to vacate the departmental stall located at Platform no. 4/5 between Pillar no. 9-10 of Guwahati Railway Station within a period of ten days from the date of receipt of the Vacation Notice in order to avoid complication at the time of handing over of the departmental stall to the successful bidder.

(2.) The basis of such assailment for the petitioner is a Letter dtd. 22/3/2005, issued by the Assistant Commercial Manager/Catering for the Chief Commercial Manager.

(3.) It is the case of the petitioner that the family of the petitioner was running the business as Commission Vendor from a departmental stall located at Platform no. 4/5 between Pillar no. 9-10 of the Guwahati Railway Station since about the year 1963, after entering into an arrangement with the respondent N.F. Railway authorities. It has been stated that the father of the petitioner was appointed as a Commission Vendor in the year 1963 and after being so appointed, the petitioner's father was running the said stall as a Commission Vendor and on his term being extended from time to time, he was running it till his death on 16/8/2004. By a Letter dtd. 22/3/2005, the petitioner had been informed to the effect that the Competent Authority had accorded approval to transfer the Vending Licence of the petitioner's father, Late Suresh Dutta as a Commission Vendor for the departmental stall [tea stall] at Guwahati Railway Station under the Departmental Catering Unit to his name with retrospective effect from 1/1/2005 to 30/6/2005, subject to the terms and conditions, mentioned therein.