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KAUSHIK GOSWAMI
Rathour Services – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Kaushik Goswami, J.
1. Heard Mr. A. Chowdhury learned Senior Counsel assisted by Ms. Barnali Chowdhury, learned counsel for the petitioners.Also heard Mr. TusharMehta, learned Solicitor General of India assisted by Mr. K. Gogoi, learned CGC and Mr. N. Anix Singh, learned Standing Counsel for the IRCTC.
2. The challenge made in this writ petition is to the Commercial Circular No. 24/2023 dated 14.11.2023, issued by the respondent Railway Board, Ministry of Railway, Government of India, New Delhi whereby paragraph No. 3 of Catering Policy 2017, has been superseded by providing stringent eligibility conditions for awarding of catering contract.
3. The brief facts of the case are that the petitioner No. 1 has been empanelled since the year 2018, as a catering service provider for railway in IRCTC and as on date the petitioner No. 1 is providing on board services in 20 Mail Express Trains of the Indian Railways including Train No. 19305-06 DADN-KYQ Express (Dehradun-Kamrup Express). Over the years the petitioner no. 1 has emerged as a serious player in the catering business of the Indian railways and due to satisfactory delivery of the petitioner no. 1 services, the petitioner no
The court upheld the Railway Board's authority to set stringent eligibility criteria for catering contracts, emphasizing public interest and accountability in food services on trains.
The court upheld the revised eligibility criteria in the Catering Policy, emphasizing public interest in improving food quality and hygiene, while rejecting claims of monopoly and discrimination.
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....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
Court upheld tender criteria requiring specific experience, emphasizing public interest and the rationality of conditions set by the state authority.
The court ruled that the renewal of food stall licenses must adhere to the Catering Policy 2010, emphasizing the rights of existing licensees despite the expiration of their licenses.
Government Contract – Tender Call Notice – Judicial review in these matters is equivalent to judicial restraint in these matters. Writ court does not have expertise to correct such decisions by subst....
A monetary penalty imposed by the RBI for non-compliance with regulatory guidelines does not constitute an adverse advisory or directive under a tender requirement prohibiting such directives.
Government contract - Tender Process - In event of tender being issued in favour of successful bidder and upon issuance of work order, if transport contractor or any other person, contravenes provisi....
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