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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
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
The petitioner, as a commission vendor, has no legal right to assert that he can continue to act as a commission agent from the stall located at Platform no. 1 and to assail the decision of the respo....
The court ruled that a Commission Vendor has no inherent right to operate from a specific stall, emphasizing the principal-agent relationship and the public interest in maximizing revenue.
The court affirmed that a Commission Vendor has no inherent right to operate from a specific location, and the Railway authorities can terminate the vendorship and initiate a tender process for publi....
Renewal of catering unit licenses is not automatic and is subject to fulfilling specified conditions as per the Catering Policy, 2010.
Point of law: Nature of dispute between the members of the petitioners association and the Railways cannot be brought within the ambit of the dispute resolution clause of the Agreement, i.e., Article....
The court established that policy decisions made by the Railway Administration regarding the relocation of catering stalls for public safety and decongestion are valid and not subject to judicial int....
Licenses under Catering Policy are subject to renewal only upon satisfactory performance; violations of service standards invalidate renewal expectations.
The court established that renewal of a contractual licence is not an automatic right and requires strict adherence to stipulated conditions, including timely submission of mandatory documents.
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