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2021 Supreme(Online)(Pat) 24

MR. PARTHA SARTHY, J
Ram Naresh Rai – Appellant
Versus
Union of India through the Ministry of Railway, Eastern Central Railway, Sonpur – Respondent


Advocates:
For the Appellants/Petitioners:M/s Rajendra Narain, Sr. Advocate, Surendra Kishore Thakur, Advocate
For the Respondents:M/s P.K.Verma, Sr. Advocate, Dr. Anand Kumar, Advocate

Table of Content
1. petitioner was highest bidder in a tender agreement. (Para 2 , 3 , 4)
2. cancellation based on complaints without notice. (Para 5)
3. contract cancellation upheld by ignorance of inquiry findings. (Para 10 , 11)
4. orders based on arbitrary reasoning violate natural justice. (Para 16 , 17)

CAV JUDGMENT

Date : 20/09/2021

Heard learned senior counsel appearing for the petitioner and learned senior counsel for the Railways.

2. The petitioner has filed the instant writ application for the following reliefs:

“(i) For issuance of writ in appropriate nature for quash- ing of the letter dated, 19 March 2020, issued under the signature of Zonal Manager Eastern Central Rail- way Sonpur, whereby and where under Tender agree- ment Sonpur/w-5/1814 dated 6.11.2019 agreement number/214/STALLAGE (TAHBAZARI) Has been cancelled.

(ii) For direction to the respondent authorities to allow the petitioner for holding stallage (TAHBAZARI), as the petitioner is the highest bidder and was allotted said tender, and has deposited earnest amount but without calling any show cause, the respondent au- thority’s has cancelled the deed of agreement.

(iii) For direction to the respondent authority’s not to

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