WP/19939/2005 of P. Vasant Kumar, Vs The General Manager, on 29 December 2005

ORDER:

1. Proceedings No.C/C/17/Dev/Telephone/PCO/2005, dated 5.8.2005 of the fourthrespondent are under challenge in this writ petition.

2. Petitioners are licensee to run STD/ISD/PCO/ booth at Secunderabad RailwayStation. Initially the period of license was for one year and subsequently it wasextended. The license is subsisting up to a period of 24.7.2007. The respondentauthorities having noticed some violations of the conditions of the license terminatedthe license under proceeding impugned in the writ petition.

3. Counter affidavit has been filed by the respondents. Details of the counter affidavitare not required to be referred in view of the order proposed to be passed.

4. Heard learned counsel for the petitioner and Sri B.H.R.Choudary, learnedstanding counsel appearing for the respondents.

5. It is not in dispute that the petitioner is having license to run the STD/ISD/PCObooth at Secunderabad railway station. The extended period of license is up to24.7.2007. Under 2002 policy the license can be terminated after issuing due notice.I deem it appropriate to refer relevant clause of 2002 policy with regard to freshallotment of STD/ISD/PCO/FAX at railway station and it reads as under:

“ The administration, i.e., Divisional Railway Manager or General Manager,will have the right to impose fine/terminate the license if the license is notconfirming to the conditions laid down by the railways and if there arecomplaints against him/her for overcharging, etc. The contract will beterminated after issuing due notice. The termination of the license may bedone on the basis of the defaults committed by the licensee and at least 3chances may be afforded by imposing fine. The compounding of defaultsmay be empowered to Divisional Railway Manager with the powers ofimposing fine not less than Rs.500 after due observance of the principles ofnatural justice.”will have the right to impose fine/terminate the license if the license is notconfirming to the conditions laid down by the railways and if there arecomplaints against him/her for overcharging, etc. The contract will beterminated after issuing due notice. The termination of the license may bedone on the basis of the defaults committed by the licensee and at least 3chances may be afforded by imposing fine. The compounding of defaultsmay be empowered to Divisional Railway Manager with the powers ofimposing fine not less than Rs.500 after due observance of the principles ofnatural justice.”

6. It is explicit from the above referred clause of the policy that notice is required tobe issued before terminating the license. There seems to be no notice beforetermination of the license. In that view of the matter, the impugned proceeding in thiswrit petition is to be treated as show cause notice.

7. In the result, the writ petition is disposed of directing the petitioner to treat thenotice dated 5.8.2005 as show cause notice and submit his explanation within tendays and thereafter the respondent authorities have to pass appropriate orders. Noorder as to costs.

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Justice B.Seshasayana Reddy

29[th] December,2005

KM

THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

29th December, 2005