Patna High Court
M/S Raj Information Construction vs The Union Of India on 16 December, 2022
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16768 of 2022
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M/s Raj Information Construction through its sole Proprietor Bharat Kumar
Singh, (Male), aged about 50 years, S/o Late Baldeo Singh, resident of
Mohallah- D.N. Singh Lane, B-Area, Mithapur, P.O.- G.P.O. Patna, P.S.
Jakkanpur, District- Patna, Bihar.
... ... Petitioner/s
Versus
1. The Union of India through the Ministry of Railway, Rail Bhawan, New
Delhi-1.
2. The General Manager (G.M.) East Central Railway (E.C.R.) Hazipur Zone,
Vaishali at Hazipur.
3. The Principal Chief Mechanical Engineer (PCME) East Central Railway
(ECR) Zone Hazipur, Vaishali at Hazipur, Bihar.
4. Divisional Railway Manager (D.R.M.) Samastipur Division (E.C.R.)
Samastipur.
5. Assistant Divisional Rail Manager (ADRM) Samastipur Division (ECR)
Samastipur.
6. Senior Divisional Mechanical Engineer (Sr. DME) Samastipur Division
(ECR) Samastipur.
7. The Divisional Mechanical Engineer (D.M.E.), Samastipur Divisional
(ECR), Samastipur.
8. The Divisional Environment House Manager (DENHM) Samastipur
Division (ECR) Samastipur.
9. The Additional Divisional Mechanical Engineer (ADME) Samastipur
Division (ECR) Samastipur.
10. The Senior Section Engineer (SSE/Linen) Samastipur Division (ECR)
Samastipur.
11. The Coaching Depot. Officer/Assistant Mechanical Engineer, ECR,
Darbhanga, Samastipur Division,ECR, Samastipur.
12. The Coaching Depot. Officer/Assistant Mechanical Engineer Jai Nagar,
Samastipur Division, ECR, Samastipur.
13. The Coaching Depot. Officer/Assistant Mechanical Engineer Raxol,
Samastipur Division, ECR, Samastipur.
14. The Coaching Depot. Officer/Assistant Mechanical Engineer Saharsa,
Samastipur Division, ECR, Samastipur.
15. The Senior Section Engineer/ Carriage and Wagon (C and W) Darbhanga,
Samastipur Division, ECR, Samastipur.
16. The Senior Section Engineer/ Carriage and Wagon (C and W), Jai Nagar,
Samastipur Division, ECR, Samastipur.
17. The Senior Section Engineer/ Carriage and Wagon (C and W), Raxol,
Patna High Court CWJC No.16768 of 2022 dt.16-12-2022
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Samastipur Division, ECR, Samastipur.
18. The Senior Section Engineer/ Carriage and Wagon (C and W), Saharsa,
Samastipur Division, ECR, Samastipur.
19. The Senior Section Engineer/Section Engineer/Junior Engineer/Bed Roll
Counting Incharge, Darbhanga Depot. Samastipur Division, ECR,
Samastipur.
20. The Senior Section Engineer/Section Engineer/Junior Engineer/Bed Roll
Counting Incharge, Jai Nagar Depot. Samastipur Division, ECR, Samastipur.
21. The Senior Section Engineer/Section Engineer/Junior Engineer/Bed Roll
Counting Incharge, Raxol Depot. Samastipur Division, ECR, Samastipur.
22. The Senior Section Engineer/Section Engineer/Junior Engineer/Bed Roll
Counting Incharge, Saharsa Depot. Samastipur Division, ECR, Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate
Mr.Vinod Kumar, Advocate
For the Respondent/s : Dr. K.N. Singh (ASG)
Mr. Kumar Priya Ranjan, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/ Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also, the Advocates and the Staffs joined
the proceedings through Video Conferencing from their
residences/offices.)
Date : 16-12-2022
Petitioner has prayed for the following relief(s):-
"(a) To quashing the letter no. M/ 277/ Mech/
Bed Roll Distribution/ 2022 dated 17/10/2022
issued by the office of the DRM (Mechanical)
Samastipur, signed by Senior Divisional
Mechanical Engineer (C&W) EC Railway
Samastipur by which the contract for
distribution of bed roll to the passenger of AC
Coaches in trains of SPJ(Samastipur) Division
Patna High Court CWJC No.16768 of 2022 dt.16-12-2022
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has been rescined and further order to encased/
forfeited the performance guarantee (P.G.)
amount and further ask the petitioner to deposit
an amount of Rs. 1,87,96,343.37 (Rupees one
Crore Eighty seven lakhs, Ninety six thousands,
Three hundred forty three and thirty seven paisaj
towards linen loss up to 30/9/2022 and also
ordered to deposite the amount of linen loss up
to date of termination and further debarred the
petitioner from participation in the bid for
executing any work being tender by the said
Railway division for period of two years from
the date of issue of the letter (Annexure-10)
(b) For quashing the letter no M/277/Mech/Bed
roll distribution/2022 dated 2/11/2022 issued by
the office of the DRM Mechanical EC Railway
Samastipur. With reference to GCM contract
No. GEMC-511687714904303 dated 21/6/2022
in connection with distribution of bed roll to the
passenger AC Coaches in trains of SPU Division
addressed to all the Sr. DEEG Sr. DFM, Sr.
DME (C&W) of all the Railway Zone by which
an information forwarded to all concerned that
the contract of petitioner has been terminated by
office letter dated 17.10.22 and further informed
loss of an amount of Rs 2,18,84,436.00 (Rupees
Two Crores Eighteen Lacks, Eighty four
thousands four hundred and thirty six Only)
with a request to recover from the firm's
(petitioner) current bills, on account bills
security deposit performance guarantee if any
(Annexure 11)
Patna High Court CWJC No.16768 of 2022 dt.16-12-2022
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(c) For directing the respondents to calculate
the loss occurred if any, by the act of the
petitioner, in view of the rate on which the
quantity of loss of linen item calculated by the
Darbhanga Depot, Jainagar Depot, Saharsa
Depot and Raxaul depot of ECR (Eastern
Central Railway).
(d) For directing the respondents to recall the
letter no. M/277/Mech./Bedroll
distribution/2022 dated 2/11/2022 issued by the
office of the DRM Mech. E.C. Railway
Samastipur by which a request has been made to
all the railway zones in India for loss of an
amount of Rs. 2,18,84,436.00 (Rupees Two
Crores Eighteen Lahks, Eighty four thousands,
four hundred and thirty six Only) to recover
from the firm's (petitioner) current bills, on
account bills, security deposit performance
guarantee if any with reference to GCM contract
No. GEMC- 511687714904303 dated 21/6/2022
and further to communicate the same to all
Railway Zones in India.
(e) For directing the respondent concerned to fill
up the measurement book with respect to the
work done by the petitioner in view of contract
no. GEMC-511687714904307 dated 21/6/22
and further submit the bill for making payment
to the petitioner in view of the letter dated
14/9/22issued by the office of DRM Mechanical, Samastipur divisions (Annexure 5)
(f) For to pass such other order for orders as your Lordships may deem fit and proper in the Patna High Court CWJC No.16768 of 2022 dt.16-12-2022 5/6 facts and circumstances of this case." After the matter was heard for some time, Shri Y.V. Giri, learned senior counsel for the petitioner, states that even though the contract provides for a grievance redressal mechanism, it would be only appropriate in the attending circumstances, more so when the respondents have deducted amounts from other agreements entered into between the parties and that the petitioner has been debarred for a period of two years from executing any other work, that respondent No. 6, namely Senior Divisional Mechanical Engineer (Sr. DME) Samastipur Division (ECR), Samastipur considers the petitioner's request, subject-matter of the instant petition, which the petitioner shall be making in due course.
Mr. Kumar Priya Ranjan, learned counsel for the respondents, states that it would be only appropriate for the petitioner to take recourse to the remedies provided under the agreement, but nonetheless, any request made by the petitioner shall be considered and decided expeditiously in accordance with law.
We only hope and expect that any request made by the petitioner shall be dealt with strictly in accordance with law Patna High Court CWJC No.16768 of 2022 dt.16-12-2022 6/6 and decided expeditiously and preferably within a period of four weeks.
Petition is disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/-DKS AFR/NAFR CAV DATE Uploading Date 20.12.2022 Transmission Date