FIRDOUS AHMAD BHAT Vs. U.O.I.

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner stating therein that he is aggrieved of the NIT issued by IRCTC vide NIT No. CIN No. U74899DL1999GOI101707 dated 20.06.2019 issued for provision of on board catering services in mail/express/superfast trains having pantry car/mini pantries in partial/complete unbundling model for a period of 06 months. It is further contended that the respondents in terms of their previous policies fixed the minimum tenure period for the contract of five years. However, in terms of Annexure-'I', the period for contract has been fixed for 06 months only.

(2.) Learned counsel for the petitioner submits that in terms of the catering policy vis-a-vis Cabinet decisions and Indian Railway Code, the tenure of the contract has to be of five years, whereas in the instant case the period of contract has been fixed for six months. Therefore, in terms of NIT, the tenure is neither justifiable in law nor the same is in accordance with the catering policies in vogue. In this regard, the petitioner had requested the respondent authority to re-consider and revisit the NIT to the extent that petitioner has already approached the Managing Director i.e. respondent No. 3 vide communication dated 25.06.2019 Annexure-V, page 145 of the writ petition. The copy of the aforesaid communication has been provided to all the respondents who are party in this writ petition, however, the respondents have not considered the same.

(3.) Learned counsel for the petitioner submits that he would be satisfied in case the petition is disposed of, with a direction to the respondents to consider the representation dated 25.06.2019, contended to have been filed by petitioner before handing over the possession of catering in terms of NIT. His statement is taken on record.