- (1.) M/S Express Food Service the petitioner and its partner Shiva Kant Pandey have filed this petition for quashing the order dated 20 December 2010 passed by the Group General Manager, Indian Railway Catering and Tourism Corporation Limited, Northern Zone, New Delhi IRCTC and for a direction upon the respondents to permit the petitioners to start operating Stall No.4 at Platform No.1 of the Etawah Railway Station by ignoring clause 26.1.2 of the New Catering Policy, 2010 circulated on 21 July 2010. The petitioners have also sought a declaration that the said condition no.26.1.2 is null and void.
(2.) It transpires from the records of the writ petition that IRCTC invited tenders on 5 February 2009 for awarding licence for operation and management of stalls at various railway stations, including that at Etawah Railway Station. The petitioner is concerned with Stall No.4 at Platform No.1 of Etawah Railway Station for which the petitioner had submitted a tender. The tenders were opened on 16 March 2009. The petitioner qualified the technical bid and was also found to be the highest bidder when the financial bids were opened. A communication dated 19 November 2009 was sent to the petitioner that the Competent Authority had decided to award licence to the petitioner for operation and management of Stall No.4, at Platform No.1 of the Etawah Railway Station at a licence fee of Rs.4.10 lacs for a period of five years, subject to the terms and conditions mentioned in the bid document. The petitioner was also required to deposit Rs.62,500/- as security deposit. It was also provided that the stall should be commissioned within 30 days of the handing over of site in consultation with the Chief Regional Manager, Lucknow. The petitioner deposited the entire amount that was demanded. Subsequently, a communication dated 23 March 2010 was sent by the IRCTC to the Chief Regional Manager, IRCTC, Lucknow with the copy to the petitioner, in continuation of the letter dated 19 November 2009. After noticing that the licensee had deposited the annual licence fee of Rs.4.10 lacs and Rs.62,500/- towards the security deposit, the Chief Regional Manager, IRCTC, Lucknow was requested to depute an officer to coordinate (1) handing over of space earmarked for the stall (2) ensure provision of electricity and water connection (3) PFA License and (4) medical certificates to the vendors in consultation with the Railway Authorities.
(3.) A communication dated 30 April 2010 was also sent by Assistant Manager, LCSRO, Lucknow to the Area Officer, IRCTC, Northern Zone, Allahabad to coordinate the smooth commissioning of the Stall. The officer was also advised to intimate the date of commissioning of the Stall. This was followed by a communication dated 11 May 2010 sent by the Station Officer, IRCTC, Northern Zone, Tundla to the petitioner to take over charge of the place allotted so that Stall could be commissioned at the earliest. Various instructions were, thereafter, given to the petitioner. It is stated that Rs.2 lacs for construction of Stall, Rs.1 lac for decoration of Stall and Rs.2 lacs for other equipments were spent by the petitioner and though the contract had also been executed but the petitioner was not permitted to operate the Stall. The petitioner submitted a representation dated 13 July 2010 to the Group General Manager, IRCTC, Northern Zone, New Delhi with the prayer that the petitioner may be permitted to start operating the Stall.;