2026:CGHC:9002-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 769 of 2026 M/s Janki Technology Through Its Proprietor Varun Kumar Jain, Having Registered Office At Behind Rajdhani Mart, Near Shrishti Palazzo, Sita Vihar Colony, Avanti Vihar, Telibandha, Raipur, Chhattisgarh.

... Petitioner(s)

versus

1 - Union Of India Through Its Secretary, Ministry Of Railways, Rail Bhawan, New Delhi 110001.

2 - South Eastern Central Railway Through Its Divisional Railway Manager, Raipur, Distt. Raipur, Chhattisgarh.

3 - Senior Divisional Electrical Engineer (Trs) South Eastern Central Railway, Bhilai, Distt. Durg, Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Gagan Tiwari, Advocate.

For Respondent(s) : Mr. Ramakant Mishra, Deputy Solicitor General.

Hon’ble Mr. Ramesh Sinha, Chief Justice H on’ble Mr. Arvind Kumar Verma, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

20/02/2026

1. Heard Mr. Gagan Tiwari, learned counsel for the petitioner as well as Mr.

Ramakant Mishra, learned Deputy Solicitor General for the Union of India/respondents.

2. Today, the matter is listed for hearing on IA No. 2, application for exemption from filing typed copy of certain pages. The application is allowed and with the consent of learned counsel appearing for the parties, the matter is heard finally.

3. By this petition under Article 226 of the Constitution of India, the petitioner seeks for the following relief(s):

“10.1 To issue suitable directions/orders/writs to the respondent authorities to set-aside the impugned order dated 11.02.2026 (Annexure P-1) issued by Respondent No.3 by which the Respondent No.03 has been debarred for a period of 02 years and the contract dated 13.02.2025 has been terminated by the Respondent No.03 for being illegal and arbitrary;

10.2 To grant any other relief(s)/order(s)/direction(s) in favour of the petitioner, which may deem fit and proper in the facts and circumstances of the case, may also be allowed.”

4. The petitioner is a proprietorship firm involved in transportation business namely "M/s Janki Technology" and provides transportation solutions/ hiring/ renting of vehicles and primarily participates in tenders rolled out by the instrumentalities of the State and provides transportation services to various Government bodies. The respondent No.03 issued tender for "Hiring of one four wheeler Non-AC diesel driven vehicle for DME/TRS/BIA of Electric Loco Shed, SEC Railway, Bhilai for two years". As per the requirements of the tender documents, the petitioner placed his bid at GeM Portal and emerged as successful bidder and thereafter GeM Contract No. 511687731921877 was executed between the petitioner and the respondent authorities on 13.02.2025. The respondent No.03 vide letter dated 13.02.2025 issued the order for commencement of work and further directed for payment of 5% performance guarantee and submission of certain documents before commencement of work. The respondent No.03 also directed to make available certain documents with respect to the rented vehicle. Another reminder letter dated 01.04.2025 with respect to the earlier letter dated 13.02.2025 was issued. The petitioner submitted the performance guarantee of Rs. 75000/- and also showed the relevant documents with respect to the rented vehicle to the respondent authorities and commenced work from 25.03.2025 in lieu of the work commencement order and the vehicle was placed at the designated place as per the conditions of the contract.

5. Mr. Gagan Tiwari, learned counsel for the petitioner submits that the respondent No. 3 was callous with respect to issuing of the monthly remuneration even though the bills were raised by the petitioner on a monthly basis and as the bills were not cleared by the respondent No.03 the petitioner started facing difficulties in paying the Drivers timely as a result of which the Drivers retaliated by not showing up with vehicle for two days on 19.06.2025 and 20.06.2025. Even though the respondent No.03 did not make any payment as