NAVSHARDUL CONSTRUCTION PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ application is ostensibly directed against the decision of the Divisional Railway Manager, East Central Railway, Danapur (respondent no.3) dated 7.6.2005 (Annexure I to the counter affidavit), which decision was communicated by the Divisional Engineer (Co-ordination) East Central Railway, Danapur, by his letter dated 16.6.2005 (Annexure 23 to the writ petition). The decision impugned is to the effect that the contract given to the petitioner was being terminated and consequently fresh tenders were to be issued for the remaining works at "risk and cost" of the petitioner.

(2.) It is the contention of the petitioner that the said decision is vitiated as a matter of law, for having been taken without due notice to the petitioner and having been based on non est facts ignoring material jurisdictional facts and as such the decision is clearly vitiated being perverse, capricous and arbitrary and thus amenable to judicial review by this court in writ jurisdiction.

(3.) In this writ petition the petitioner is a private limited company doing civil construction and other allied construction works and has its registered office at Patna. Respondent No. 3 is the Divisional Railway Manager, East Central Railway, Danapur, respondent no. 4 is the Divisional Engineer (Co-ordination), East Central Railway, Danapur and respondent no. 5 is the Divisional Engineer (Bridge), East Central Railway, Danapur.