Though it has been contended on behalf of the petitioner
that for any instance of licensee himself/his agent or staff, if found in
drunken condition/indulging in bad conduct or involved in activities
amounting to moral turpitude in Railway premises, the Contractor may be
penalized up to Rs. 5,000/- as per clause -19 of the Contract agreement,
we are of the view that Clause-23 referred to hereinabove is of
supervening import authorizing the Railway to terminate the contract
agreement in case of breach of any of the condition embodied therein and
effect forfeiture of the deposits as contemplated.
IN THE HIGH COURT OF ORISSA : CUTTACK
W.P.(C) No. 9555 of 2012
An application under Articles 226 & 227 of the Constitution of India.
M/s. Sagar Vision Advertising
-Versus-
Sr. Divisional Commercial Manager,
East Coast Railway, Khurda Road
Division & Another.
PRESENT:
THE HONOURABLE CHIEF JUSTICE MR. AMITAVA ROY
AND
THE HON’BLE DR JUSTICE B. R. SARANGI
Date of Order
:
26.08.2014
Citation;AIR 2015(NOC)349(ORISSA)