2025:CGHC:60221-DB NAFR RAHUL JHA HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by RAHUL JHA Date: 2025.12.11 18:41:40 +0530 WPC No. 5902 of 2025 M/s Dynamics Services, Through Its Proprietor, Jugal Kishore Bhagat, Aged About 49 Years, S/o Harinaraya Bhagat, Address 139, Dakshindari Road, Lake Town, North 24 Parganas, West Bengal, 700048 Petitioner(s)

Versus

1 - South East Central Railway (SECR) Through The General Manager, Wouth East Central Railway (SECR), Bilaspur Zone, Bilaspur, (C.G.) -495004

2 - Divisional Railway Manager (Comml) South East Central Railway, Bilaspur Division, Bilaspur (C.G.) -495004

3 - Senior Divisional Commercial Manager South East Central Railway, Bilaspur Division, Bilaspur (C.G.) -495004 Respondent(s)

(Cause-title taken from Case Inf For Petitioner(s) : Mr. Rupesh Shrivastava, Advocate For Respondent(s) : Mr. R.K. Mishra, DSGI Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

11/12/2025

1. By the present writ petition, the petitioner is challenging Letter No.

Com/G-13/HK/UKR-KLPG/22 dated 11/09/2025 03/07/2024 (Annexure-

P/4) passed by the respondent No.2, whereby, the respondent No.2 terminated the contract/agreement entered between the petitioner and Respondents authorities and also blacklisted/debarred the petitioner for 2 years in participating in all kinds of tenders issued by them. For which, the petitioner is seeking following reliefs:-

“10.1 That, this Hon'ble Court may kindly be pleased to call the entire records pertaining to the case of the petitioner.

10.2 That, this Hon'ble Court may kindly be pleased to Quash and set aside the impugned order dated

11.09.2025 (Annexure P/4).

10.3 That, this Hon'ble Court may kindly be pleased to direct the Respondents to pay the bill from September 2024 to September 2025.

10.4 That, this Hon'ble Court may kindly be pleased to direct the Respondents to restore the Petitioner's eligibility to participate in future tenders of the South East Central Railway.

10.5 That, this Hon'ble Court may kindly be pleased to direct the Respondents to reconsider the matter afresh after granting a personal hearing.

10.6 Any other relief or relief(s), which this Hon'ble Curt deems fit and proper in view of the facts and circumstances of the case, may also be granted.

10.7 Cost of the petition may also be awarded.

2. (a) Learned counsel for the Petitioner would submit that the

Respondents issued an e-Tender Notice dated 07.12.2022 for providing

cleaning and housekeeping services at UKR–KLPG Railway Station under the Bilaspur Division of SECR. The Petitioner participated in the said tender process and was declared the lowest successful bidder (L-1). Accordingly, a Letter of Acceptance (LOA) was issued, followed by execution of the formal agreement, and work orders were granted for a period of four years commencing from 01.03.2023 to 30.03.2027. It is submitted that the Petitioner duly commenced and continued to perform all contractual obligations in terms of the agreement. However, despite successful execution of the work, the Respondents failed to release the Petitioner’s legitimate bills from September 2024 up to the termination order dated 11.09.2025. It is further submitted that timely payment of bills is an essential reciprocal obligation, and non-payment by the employer severely prejudices the contractor’s ability to maintain manpower, materials and operational efficiency, thereby frustrating the contract itself.

(b) Learned counsel submits that during execution of the contract, the Respondents issued a notice dated 17.07.2025 alleging minor deficiencies. Although the Petitioner could not submit a written reply, all alleged shortcomings were immediately rectified on the ground. Despite this, a performance notice dated 31.07.2025 and a subsequent seven-day notice were issued. It is urged that the Respondents acted arbitrarily and capriciously in terminating the contract without granting any personal he