ASHOK CHOUDHURY Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. D. P. Borah, learned counsel for the petitioner and Mr. B. Sharma, learned Standing counsel, Railways appearing for the respondent No. 1, 2 & 3 were heard on 5/12/2025 and the judgment was reserved. The matter was listed under the column of 'to be spoken to' on 9th of December 2025, and certain clarifications were sought and the matter was fixed for delivery of judgment.

(2.) The petitioner has preferred this writ petition under Article 226 of the Constitution of India, being aggrieved by the termination notice dtd. 20/1/2022 issued by the Divisional Engineer/I, N.F Railway, Tinsukia, thereby rescinding the work of "Re-spacing of SC sleeper at Br. No.-561 between BOJ-TSK and Br No. 24 & 30 between SLGR-MRHT Br. No.-14, 24 & 29 between MRHT-DMGN Sec. " and for direction to the respondent authorities not to forfeit the security deposit and not to encash the performance guarantee submitted by the petitioner.

(3.) It is relevant to note here that the learned counsel appearing for the contesting parties had submitted in consonance that the performance guarantee submitted by the petitioner had been invoked during the pendency of this writ petition and that the work had been completed by other agencies.