- (1.) The present appeal arises out of the order dated 7.11.2009 passed in CWJC No. 1055 of 2007 wherein the Appellant herein being the Petitioner has questioned the tender notification published in the local Newspaper (Hindustan) dated 14.1.2007/15.1.2007 (Annexure-7 to the writ application) on the ground that the Respondent authority failed to follow the procedure laid down in the Circular dated 25.6.1987, Annexure-A to the counter affidavit filed in this appeal.
(2.) According to the learned Counsel for the Appellant writ Petitioner it has been stated in the Circular that if the Divisional Railway Manager (DRM) of the concerned Railway was of the opinion that a Cooperative Society in a particular area is not functioning properly in the past or the rates being asked are unreasonable, he had the freedom to float open tenders for award of contracts obtaining prior approval of the concerned departments.
(3.) Learned Counsel for the Appellant writ Petitioner submits that the prescribed procedure has not been followed by the concerned authority of the railways in the case of the Appellant-Society and Respondents have illegally issued re-tender notification in contravention of the relevant circular issued by the Railway Board.;