1. The petitioner is a contractor who had been issued a work order by the NF Railways for construction of approach road to 21 railway level crossings. Pursuant to his tender having been accepted by railways letter dated 14.12.2006, he was asked to start work and complete by 13.3.2007. He was also advised to sign contract agreement within seven days and deposit performance guarantee. For various reasons not relevant for the present, neither contract agreement was signed nor performance guarantee given nor work completed.

Petitioner then, citing difficulties, sought for extension of time. By railways letter dated 21.6.2007 (Annexure-3), time was extended to complete the work by 30.9.2007. The petitioner submitted performance guarantee on 16.7.2007 even though the time granted had been extended upto 30.9.2007 by letter dated 21.6.2007 on 13.8.2007 that is one and a half months before the time was to expire, by the impugned order as communicated by letter dated 13.8.2007 (Annexure-7), the work order and the contract was terminated. This was preceded by a seven days notice issued on 12.7.2007 which was about three weeks from the date the extension was granted and a 48 hours noti