M/S Patel Enginnering Ltd vs Union Of India & Anr on 11 May, 2012
28. As explained by the Supreme Court in M/s Patel Engineering
Ltd. v. Union of India and Anr.: (2012) 11 SCC 257, an Executive
Authority would have the discretion to decide as to whom it would
deal with. The Railway Authorities have a right to refrain from dealing
with any person. The only limitation being that such action should not
be arbitrary or unreasonable. In the present case, the concerned
Railway Authorities have found that the petitioner had repeatedly
overloaded the cabin to an unreasonable extent, thus, putting the train
and the lives of the passengers at risk. Plainly, this would be sufficient
ground for the respondent to take an action to refrain from dealing
with the petitioner. This Court finds no ground to interfere with the
W.P.(C) 1871/2017 Page 13 of 14
decision of the Railway Authorities to blacklist the petitioner for a
period of five years.