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2023 Supreme(Gau) 1443

MANISH CHOUDHURY
Padmaraj R. J. , S/o - Late. V. K Raghavan – Appellant
Versus
Union of India, represented by the secretary to the Government of India, Ministry of Railways – Respondent


Advocates Appeared:
For the Petitioner: Mr. T.H. Hazarika.
For the Respondents: Mr. B. Sarma, Mr. D. Mozumder, Sr. Adv., Mr. N.M. Sarkar.

JUDGMENT :

By instituting the present writ petition under Article 226 of the Constitution of India, the petitioner has sought to invoke the extra-ordinary and discretionary jurisdiction of the Court to assail – [i] a Termination Notice dated 28.07.2021, issued by the respondent no. 4; [ii] a Notice Inviting Tender [NIT] dated 09.08.2021, published by the respondent Northeast Frontier [NF] Railway; and [iii] a Vacation Notice dated 02.09.2021. By the Termination Notice dated 28.07.2021, the petitioner’s services as Commission Vender had been terminated purportedly pursuant to an order of the Chief Commercial Manager, NF Railway, allegedly on the ground of unsatisfactory performance. By the NIT no. C-LMG-00-2021 dated 09.08.2021, the respondent NF Railway invited e-Tenders from bidders for provision of Catering Services at General Minor Unit [GMU] no. GHYTS-3 at Platform no. 1 between Pillar no. 24 & 25 of the Guwahati Railway Station, for a period of 5 [five] years. By the Vacation Notice dated 02.09.2021, the petitioner had been asked to vacate the stall [South Indian Stall and its extension counter]’ located at Platform no. 1 and Platform no. 4/5 of Guwahati Railway Station within

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