Delhi High Court - Orders
M/S Tmi Enterprises Pvt. Ltd vs Union Of India & Anr on 15 February, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1457/2023 and CM APPL. 5457/2023
M/S TMI ENTERPRISES PVT. LTD ..... Petitioner
Through: Mr. Kshitiz Karjee & Mr. Mrinal
Agarwal, Advocates. (M:
9990556838)
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Ms. Archana Surve & Ms. Roopali,
Advocates for R-1.(M: 9921498000)
Mr. Saurav Agarwal, Mr. Ansuman
Chowdhary, Ms. Divya and Mr.
Anmol, Advocates. (M:9539106247)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 15.02.2023
1. This hearing has been done through hybrid mode. CM APPL. 5457/2023(for stay)
2. The present petition challenges the letter dated 16th January, 2023 issued by Respondent No.2- Indian Railway Catering & Tourism Corporation Ltd. ('IRCTC') by which six months' debarment and penalty of Rs.2 lakhs has been imposed upon the Petitioner.
3. A show-cause notice dated 30th November, 2022 was issued by IRCTC to the Petitioner qua multiple lapses during the trip of Varishth Nagrik Tirth Yatra Yojna Train Ex. Lalgarh (Bikaner) (hereinafter 'train') from 21st November, 2022 to 28th November, 2022.The said notice was replied to by the Petitioner vide reply dated 7th December, 2022 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 1457/2023 Page 1 of 4 Signing Date:16.02.2023 16:45:15 controverting all the allegations of IRCTC.
4. Ld. counsel for the IRCTC submits that the breaches by the Petitioner were too many. As per the conditions of empanelment, no LPG cylinders could have been carried on the train by the Petitioner. The excuse being given by the Petitioner, that there is no other form of cooking the food, is not sustainable inasmuch as the food on this particular train was not to be cooked at all and the pantry area was meant to be used only for the purposes of service of food. In fact, on 22nd November, 2022, once the 13 LPG cylinders were offloaded from the train, for the remaining 5 to 6 days, the Petitioner has provided the catering service without cooking food on the train. Further, on the enquiries from the IRCTC officials, it was revealed that the Petitioner was transporting 13 LPG cylinders for industrial use to his Pune office and the same was not for use on the train at all. This according to the IRCTC constitutes a gross misuse of the train by the Petitioner.
5. On the other hand, ld. Counsel for the Petitioner submits that the letter written on 25th November, 2022 by the IRCTC to the Government of Rajasthan shows that the pantry operations were closed on 22nd November, 2022. However, thereafter, the said arrangements were found to be satisfactory.
6. When this writ petition was listed on 6th February, 2023, no interim protection was granted in favour of the Petitioner. The Court has observed as under:
"5. The case of the Petitioner is that the only reason for which it has been debarred is because of the presence of LPG cylinders during the joint inspection of the train. Further, it is the submission of the ld. Counsel for the Petitioner Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 1457/2023 Page 2 of 4 Signing Date:16.02.2023 16:45:15 that the case at hand is covered by the order of this Court dated 19th January, 2023 in W.P.(C) 638/2023 titled Zenith Leisure Holidays Ltd. v. Union of India & Anr.
6. On the other hand, ld. Counsel for the IRCTC submits that this case is completely distinguishable from the facts of Zenith Leisure (supra), inasmuch as the show cause notice itself highlights various other breaches and violations by the Petitioner including non-serving of proper meals, tea and other deficiencies of service including poor quality services between 21st November, 2022 and 28th November, 2022. In addition, it is also alleged that the medical certificates, and police verification certificates for staff on board were not there.
7. Issue notice.
8. Considering the nature of the matter, this Court is of the prima facie opinion that the present writ petition is distinguishable from the facts of W.P.(C) 638/2023, in view of the various additional violations and breaches which are alleged by the IRCTC in the present case. Accordingly, no case is made out at this stage for grant of interim order in favour of the Petitioner.
9. At this stage, the Petitioner submits that it is willing to pay an increased penalty amount, if the debarment is lifted by IRCTC. On this issue, the Respondent's counsel wishes to seek instructions."
7. It is submitted by ld. Counsel for the IRCTC that this is a limited empanelment for limited tender on tourist trains only. There is no likelihood of any immediate tender being floated in this category. Ld. counsel for the Petitioner, however, submits that the Petitioner is unable to even access the portal to see if any new tenders are floated or not.
8. Considering the overall facts and circumstances, the interim application seeking stay is disposed of in the following terms:
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 1457/2023 Page 3 of 4 Signing Date:16.02.2023 16:45:15i. The Petitioner shall deposit within two weeks, with the IRCTC, a sum of Rs.2,00,000/- as demanded vide its letter dated 16th January, 2023.
ii. Subject to the said deposit being made, the Petitioner's access to the portal where limited tenders are floated shall be permitted. iii. If there is any tender which the Petitioner comes across, where it would be entitled to bid, the Petitioner is free to approach this Court by way of an application.
W.P.(C) 1457/2023
9. Let the counter affidavit be filed within four weeks. Rejoinder, thereto, be filed within four weeks.
10. List before Registrar on 27th April, 2023.
11. List before Court on 25th July, 2023.
PRATHIBA M. SINGH, J.
FEBRUARY 15, 2023 dj/rp Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 1457/2023 Page 4 of 4 Signing Date:16.02.2023 16:45:15