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MANISH CHOUDHURY
Khokhan Dey S/o Late Monoranjan Dey – Appellant
Versus
Union of India, Rep. by the Secretary, New Delhi – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. 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 this Court to assail: (i) a Termination Notice dated 28.07.2021, issued by the respondent no. 4; (ii) a Notice Inviting Tender (NIT) no. C-LMG-39-2021 dated 09.08.2021, published by the respondent Northeast Frontier (N.F.) Railway and (iii) a Vacation Notice dated 02.09.2021. By the Termination Notice dated 28.07.2021, the petitioner’s engagement as Commission Vender had been terminated purportedly pursuant to an order of the General Manager, N.F. Railway and Additional General Manager, N.F. Railway, allegedly on the ground of unsatisfactory performance. By the NIT no. C-LMG-39-2021 dated 10.09.2021, the respondent N.F. Railway invited e-Tenders from bidders for provisioning of Catering Services at Special Minor Unit (SMU) no. GHYTS-9 located at Platform no. 6/7 between Pillar no. 3-4 by earmarking it for ‘War Widow/Freedom Fighter/Widow of Railway Employees who have been dislocated/displayed due to their land having been taken over by Railway for its own use’ category A-1 C
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....
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 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....
Renewal of catering unit licenses is not automatic and is subject to fulfilling specified conditions as per the Catering Policy, 2010.
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.
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....
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