JUDGMENT :

Heard Mr. K.K. Mahanta, learned Senior counsel assisted by Mr. K. Sinha, learned counsel for the petitioner and Mr. B. Sarma, learned standing counsel for the Railways.

2. The case projected by the petitioner:

I. The petitioner is an approved contractor of NF Railway. The respondent No. 6 issued a tender notice being No. DY.CF/CON/JRBM/Maintenance-Water Supply/2013/17 for maintenance of security barrack and water supply arrangement including other ancillary works between Ch. 0.00 & 32.74 km under Dy.CE/CON/JRBM/I at Silchar in connection with the construction of new BG railway line from Jiribam to Tupul (Imphal).

II. The petitioner participated in the said tender process and was successful and accordingly letter of acceptance dated 08.04.2014 was issued to the petitioner.

III. Subsequently by the impugned communication dated 25.09.2014, the contract was terminated on the ground that the petitioner has failed to submit the performance guarantee as per clause 5.2 of the tender document as well as the petitioner has not honoured the letter of acceptance.

IV. By the said impugned termination notice, amongst other the petitioner was debarred from participating in the re-tender proc