Calcutta High Court (Appellete Side)
Sanjoy Kumar Singha & Anr vs The Union Of India & Ors on 2 December, 2010
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Present : The Hon'ble Mr Justice Jayanta Kumar Biswas
W.P.No.23467(W) of 2010
Sanjoy Kumar Singha & Anr.
-vs-
The Union of India & Ors.
Mr. Bipul Kumar Mondal ....for the petitioners
Mr. Swapan Banerjee ....for the respondents
Heard on : December 2, 2010 Judgment on : December 2, 2010 The Court : After going through the order dated November 23, 2010 made in W.P.No.22212(W) of 2010 (Asraful Haque v. The Union of India & Ors.), Mr Banerjee, counsel for the respondents, has invited me to make an order setting aside the tender process questioned in this petition and permitting the railway administration to decide whether the petitioners are entitled to work as halt contractors for an indefinite period.
The case of the petitioners is that since the agreement under which they were appointed entitled them to work as halt contractors for an indefinite period, without first terminating their appointment according to law, the respondents cannot initiate any process for appointing another halt contractor for the same place.
After hearing counsel for the parties, I am of the view that it will be appropriate to accept Mr Banerjee's suggestion. It seems to me that it will be appropriate to direct the General Manager of Eastern Railway within whose jurisdiction the petitioners have been working as halt contractors to decide the question whether under the agreement the petitioners are entitled to work as halt contractors for an indefinite period.
For these reasons, I dispose of the art.226 petition ordering as follows. The impugned tender process is hereby quashed. The General Manager of Eastern Railway shall decide the question whether the agreement under which the petitioners were appointed as halt contractors entitled them to work as such for an indefinite period. The decision shall be given after making necessary enquiry, recording proceedings and hearing all concerned including the petitioners. The petitioners will be at liberty to submit their case in writing. The decision shall be communicated to all at once. No costs. Certified xerox.
(Jayanta Kumar Biswas, J) sb