JUDGMENT

1. The challenge in the present Writ Petition is to an Order dated 16.01.2023, passed by the Respondent No.2 herein, keeping the empanelment of the Petitioner in abeyance for providing catering and back end services to the Indian Railways for a period of six months w.e.f. 11.01.2023. By the said Order penalty of Rs.2 lakhs has also been imposed on the Petitioner.

2. At this juncture, it is pertinent to mention that this Court on 19.01.2023 had kept the impugned Order in abeyance subject to the Petitioner depositing Rs.2 Lakhs with the Registrar General of this Court. The said amount was deposited by the Petitioner. It is also pertinent to mention that the period of six months got over and the Petitioner made a submission before the Court that the Writ Petition has become infructuous and, therefore, the Petitioner sought leave to withdraw the Writ Petition with a direction to the Registrar General of this Court to release the amount of Rs.2 lakhs. Accordingly, vide Order dated 25.07.2023, the Writ Petition was disposed of as withdrawn with a direction to the Registrar General to release the sum of Rs.2 lakhs to the Petitioner.

3. CM APPL. 54127/2023 was filed by the Petitioner for recall of the Order dated 25.07.2023 on the ground that the Petitioner has not actually undergone the period of six months in view of the interim directions passed by this Court on 19.01.2023. This Court vide Order dated 03.01.2024 recalled the Order dated 25.07.2023 and restored the Writ Petition to its original number and the matter was heard at length.

4. The facts, leading to the present Writ Petition are as under:

a. It is stated that the Petitioner is engaged in providing back-end services to the Railways such as housekeeping and catering services and is an empanelled service provider with the Indian Railways.

b. A notification dated 02.06.2022 bearing No. 2017/TG-1/645/02 Pt-I was issued by the Director of the Railway Board by which in order to prevent fire accidents, cooking in pantry cars of the trains was prohibited. A subsequent notification was brought out on 23.08.2023 wherein it was clarified that there is no restriction on flameless cooking in the pantry cars in trains.

c. It is stated that Respondent No.2 floated a notice inviting tenders on 17.11.2022 calling for applications for providing back-end services in South India divine “Swadesh Darshan” Train from 20.11.2022 to 28.11.2022. It is stated that the said train was to contain 18 coaches and the total number of passengers in the train was 940 (470 seats in the budget class, 470 seats in the standard class and 62 seats in 3 AC). It is stated that the Petitioner participated in the said tender and was found to be the highest bidder and was subsequently awarded the tender as a service provider for providing back-end services in the South India divine “Swadesh Darshan” Train from

20.11.2022 to 28.11.2022.

d. The tour programme of the South India divine “Swadesh Darshan” Train was issued on 18.11.2022 and the train was handed-over to the Petitioner on 19.11.2022. Material on record indicates that though there was a pantry car in the South India divine “Swadesh Darshan” Train but it has provisions for only LPG Cylinder based cooking and had no provision for flameless cooking. Material on record also indicates that the Petitioner had written to the Respondent No.2 that the Pantry car which has been provided to the Petitioner is a Non- LHV(ICF) and in such a condition it is not possible for the Petitioner to provide unlimited hot food to the passengers. The Petitioner also made a request to the Respondents to provide LHV Rake so that quality service can be provided to the passengers during journey. The train departed on 20.11.2023 with a delay of 15 hours. It is stated that on 24.11.2022, a surprise inspection was conducted by the Railway Protection Force at the Madurai Railway Station and 5 LPG cylinders were seized from the train and the officials of the Petitioner were told not to LPG