Calcutta High Court
WPA/2019/2026 of SUNIL KUMAR MEENA Vs THE UNION OF INDIA AND ORS. on 8 October 2026
Ct. No.6 b.das IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri
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08.10.2026 Ct. No.6 b.das
IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction
WPA No. 2019 of 2026
Sunil Kumar Meena
Vs.
Union of India & Ors.
Mr. Mainak Ganguly Mr. Swarup Saha Mr. Sandipan Das …for the petitioner.
Mr. Sudipto Kr. Mazumdar Mr. Tridip Saha Mr. Sourab Kar …for the respondents.
Affidavit of service filed by the petitioner and report submitted by the respondents are taken on record. The termination letter issued by the North Eastern Frontier Railway on 26th August, 2026 is under challenge in the present application. It is not in dispute that the letter was issued without granting an opportunity of hearing to the petitioner. Several allegations have been raised with regard to the breach of terms and conditions of the contract by the petitioner. Despite such allegations, the petitioner was entitled to an opportunity of hearing before his source of livelihood was directed to be snatched by the authority.
In view of the above, this Court is inclined to hold that the termination letter issued upon the petitioner without granting an opportunity to defend himself before the authority is required to be set aside. Accordingly, the letter of termination dated 27th August, 2026 is quashed/set aside. The Assistant Commercial Manager, Northeast Frontier Railway having its office at Katihar, Bihar, being the 5th respondent herein, is directed to revisit the issue upon granting reasonable opportunity of hearing to the petitioner and take a reasoned decision in terms of the licence agreement executed by and between the parties in August, 2022. Report of the inspection held by the respondents be made over to the petitioner at the earliest. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)