Patna High Court
Amit Kumar vs The Union Of India on 2 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24121 of 2019
======================================================
Amit Kumar son of Sri Binay Kumar Sinha Resident of Mohalla- Vijay Nagar,
P.O.- Lohia Nagar, P.S. Patrakar Nagar, Kankarbagh, District- Patna- 20.
... ... Petitioner/s
Versus
1. The Union of India through the General Manager, East Central Railways,
Hajipur.
2. The General Manager, East Central Railways, Hajipur.
3. The Divisional Railway Manager (D.R.M), East Central Railway, Danapur,
Patna.
4. The Additional Divisional Railway Manager (A.D.R.M), East Central
Railway, Danapur, Patna.
5. The Chief Engineer, East Central Railways, Hajipur.
6. The Sr. Divisional Engineer-1, East Central Railway, Danapur.
7. The Sr. Divisional Engineer- 2, East Central Railway, Danapur.
8. The Assistant Divisional Engineer, East Central Railway, Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Sahay, Advocate
For the UOI : Mr. A.K. Pandey, SGC
Mr. R.K. Sharma, CGC
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 02-01-2023
Petitioner has prayed for the following relief(s):-
"(I) For quashing of order termination of
contract of the petitioner with effect from
01.08.2019, issued vide letter nos. W-
7/13/Misc./RGD/Open/ 2017-18 dated
24.09.2019, under the signature of Sr. Divisional
Engineer (1) (i.e. Respondent No.-6) as contained
in Annexure-P-4, whereby and where under the
said authority has been terminated the Contract
Patna High Court CWJC No.24121 of 2019 dt.02-01-2023
Agreement No. W-7/13/ Misc. / RGD / Open /
2017-18 dated 08.12.2017 of the petitioner in
most arbitrary manner and having ulterior motive
against him.
(II) For direction upon the concerned respondent
either allow the petitioner to complete the work in
question at the old rate within 10 months next
(from the date of allowing the same). Or direct
them to pay/refund all lawful amount including
entire Earnest Money & Security Deposit amount
relates to said contract of the petitioner
immediately.
(III) For declaring that the order of termination
dated 24.09.2019 as contained in Annexure-P-4, is
totally arbitrary, malafide, violation of principal of
natural justice and contrary to the provision of the
agreement as well as illegal.
(IV) For passing such an order or orders for which
the petitioner is entitled under the law in the facts
and circumstances of this case."
After the matter was heard for some time, learned
counsel for the petitioner seeks permission to withdraw the
present petition reserving liberty to take recourse to such
remedies as are otherwise stipulated in the agreement and are
available in accordance with law.
Liberty as prayed for is granted.
As such, we dispose of the present petition reserving
liberty to take recourse to such remedies as are available in
Patna High Court CWJC No.24121 of 2019 dt.02-01-2023
accordance with law.
We are sure that as and when any such proceedings is
initiated, the same shall be adjudicated expeditiously in
accordance with law.
Without expressing any opinion on merits, leaving all
questions of fact and law open, the present application is disposed
of as withdrawn with the liberty aforesaid.
It is made clear that we have not expressed any opinion
on merits. All questions of fact and law are left open.
Needless to say that while considering such request,
principles of natural justice shall be followed and due opportunity
of hearing afforded to the parties.
If aggrieved by the said order, the petitioner shall have
liberty to approach this Court by way of separate petition(s), if so
required and desired.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Prakash/Sujit
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
