- (1.) The petitioner in this WP under art.226 dated November 16, 2011 is questioning a decision of South Eastern Railway dated October 13, 2011 (at p.198) terminating the contract between the parties under Clause 62 of GCC, 2001 of S.E. Railway with immediate effect. South Eastern Railway issued a notice dated September 28, 2011 (at p.196) stating and demanding as follows: The above mentioned work was awarded to your firm vide Agreement no under reference with the stipulation to complete the work within 10.02.2012, i.e. eleven months from the date of issue of acceptance letter. Despite of repeated instructions and correspondence as referred above as well as verbal instruction to complete the work pertaining to above agreement in subject matter, you have failed to show adequate progress for completing the works.
(2.) Since no other alternative was left with the Railway 7(seven) days notice was issued vide letter quoted under reference (i) above. But you have taken no action to commence the work/show adequate progress of the work. As such, there is no other alternative left with the Railway Administration but to issue 48 hour notice.
(3.) You are hereby given 48 hour notice in terms of Clause 62 of General condition of contract 2001 and on expiry of this period the above contract will stand rescinded and the work under this contract will be carried out as per relevant clause of GCC/agreement. This notice is being served without prejudice to any other rights and remedies available to the Railway administration.;