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2022 Supreme(Gau) 212

DEVASHIS BARUAH
D. G. Raj Highway Services – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS P D NAIR

JUDGMENT :

1. Heard Mr. P.D. Nair and Mr. G. Alam, learned counsel appearing on behalf of the petitioners and Mr. B.K. Das, the learned counsel appearing on behalf of the respondents.

2. The instant petition under Article 226 of the Constitution of India challenges the communication bearing No.CM/VP Leasing (05960/05959)/TSK/21, dated 03.01.2022, whereby the contract was terminated by the respondent authorities with forfeiture of the entire Security Deposit amounting to Rs.40,03,415/- and further imposing debarment from participating in the Parcel Leasing Tender in Tinsukia Division and over N.F. Railway for a period of 2 (two) years with immediate effect i.e. on and from 03.01.2022.

3. This Court vide order dated 08.02.2022 had issued notice and in the interim, the impugned order dated 03.01.2022, as well as the consequential ETender Notice No.CM/VP Leasing (15960/15959)/TSK/21-22, dated 17.01.2022, was stayed. The railway authorities on 11.03.2022 filed an application for modification/alteration/vacation of the interim order dated 08.02.2022 which was registered and numbered as IA(C) No.1023/2022. The said application for modification/alteration/vacation of the interim order dated 0

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