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1 - 7 of 7 (0.42 seconds)Section 2 in The Railway Claims Tribunal Act, 1987 [Entire Act]
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Section 16 in The Railway Claims Tribunal Act, 1987 [Entire Act]
The Powers-Of-Attorney Act, 1882
Subodh Kumar Singh Rathour vs The Chief Executive Officer on 7 July, 2023
59. Therefore, what can be culled out from the
above is that although disputes arising purely
out of contracts are not amenable to writ
jurisdiction yet keeping in mind the obligation
of the State to act fairly and not arbitrarily or
capriciously, it is now well settled that when
contractual power is being used for public
purpose, it is certainly amenable to judicial
review.‖
6.15. The Office Memorandum dated 31.03.2020 read with
Letter dated 28.02.2020 juxtaposed with the Revised
Guidelines contained in the Office Memorandum dated
14.12.2022 as referred to above along with subsequent
Office Memoranda without any ambiguity reveals that
the disputes qua Railway vis-à-vis the present nature is
sought be kept outside the purview of ―Administrative
W.P.(C) No.22483 of 2025 Page 34 of 62
Mechanism for Resolution of Disputes‖. Therefore, the
present writ petition questioning the decision making
process in assigning arbitrary reason is maintainable. In
such view of the matter, this Court is convinced that the
writ petition is maintainable in the instant case to
consider whether the rejection of the Bid of the petitioner
by the Tendering Authority is tainted with arbitrariness
and unfairness.
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