RASHMI METALLIKS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The subject matter of challenge in this writ petition is an order dated Nov. 15, 2017 passed by the Additional Member (Commercial), Railway Board, Ministry of Railways, by which the request of the petitioner No.1 as a customer under the Wagon Investment Scheme (hereinafter referred to as WIS) to carry the consignments of third parties was rejected.

(2.) The petitioner No.1 is a company incorporated under the Companies Act, 1956. On June 15, 2009 the petitioner entered into an agreement with the Union of India for procurement of guaranteed supply of wagons, that is, 6 rakes per month in addition to normal supply of rakes as supplied in the previous financial year on terms and conditions incorporated in the said deed of agreement. The agreement was executed between the petitioner No.1 and the Union of India on the basis of WIS formulated by the Railway Board, Ministry of Railways, Government of India on March 30, 2005 and on Sept. 26, 2006. On July 18, 2016 the petitioner submitted an application before the respondent no.7, Chief Commercial Manager (F. M.), South Eastern Railway requesting the said respondent to accord permission for movement of rakes under WIS by providing services to third parties. On Oct. 19, 2016 the petitioner No.1 again submitted an application before the respondent no.5, Additional Member (Commercial), Railway Board, Ministry of Railways requesting the said respondent to grant permission for movement of rakes under WIS by providing services to third parties, where the petitioner No.1 was neither a consignor nor a consignee. On Nov. 9, 2016 the respondent no.9, Deputy Chief Commercial Manager (F.M.), South Eastern Railway communicated to the petitioner the decision of the respondent No.5 refusing to grant permission to the petitioner No.1 for movement of rakes under WIS by providing services to the third party.

(3.) The petitioner No.1 by a letter dated Jan. 2, 2017 made a detailed representation before the concerned railway authorities alleging that the rejection of the prayer of the petitioners to provide services to third parties under the WIS was contrary to the provisions of the agreement and requested the concerned authority to furnish a copy of the order or decision of the Railway Board on the basis of which the order dated Nov. 9, 2016 was passed. No such decision was supplied to the petitioner. Aggrieved by the order dated Nov. 9, 2016, the petitioner filed a writ petition before this Court being W.P. No.5385 (W) of 2017. By an order dated April 20, 2017, a learned Single Judge of this Court quashed the order/letter dated Nov. 9, 2016 with a direction upon the respondent No.2, that is, the Railway Board, Ministry of Railways, Government of India to consider the application dated Oct. 19, 2016 filed by the petitioner No.1 before the Additional Member (Commercial) Railway Board, afresh, in accordance with law and in the light of the observations made by the said learned Judge in the said judgment and order, with regard to the matter of granting permission to the petitioners for providing services to third parties under the WIS and in terms of the deed of agreement dated June 15, 2009 within a period of six weeks from the date of communication of said order.