'Cannot Scrutinize or Monitor Commercial Decisions': Karnataka HC Rejects Plea Challenging Revised Catering Policy Of Indian Railways
The Karnataka High Court said that it cannot interfere with decisions for the Railways such as preparation of food, distribution of food, quality of such preparation and efficiency of such distribution.
The court reiterated that the High Courts cannot sit in the place of experts to scrutinize or monitor commercial decisions like these.
In that context, the Bench of Justice M Nagaprasanna observed that, "What would unmistakably emerge from the judgments rendered by the Apex Court is that this Court would not sit in the arm chair of experts to scrutinize or monitor commercial decisions of the State, in the case at hand, the Railways. Preparation of food, distribution of food, quality of such preparation and efficiency of such distribution are in the realm of commercial decisions in public interest by the Railways. Therefore, I find no ground to interfere on the submissions qua the distinction and differentiation between food preparation and food distribution. It is for the respondents/Railways to manage its house in the aforesaid circumstances."
Senior Counsel Jayakumar S Patil appeared for the petitioner, while SG Tushar Mehta appeared for the respondents.
A petition was filed by the South Western Catering Contractors Association and others challenging the Commercial Circular issued on 14-11-2023. The petitioners contended that the Catering Policy of 2017, initiated based on a cabinet decision, was amended without the required cabinet approval. They argued that the addendum, contrary to the original policy which restricted involvement to IRCTC contractors, now allowed external contractors. The respondents asserted that the addendum aimed at ensuring hygiene, responsibility, and accountability for food served on trains.
The petitioners emphasized that the Ministry of Railways, not individual ministers or the Railway Board, should be the authority for policy initiation. It was clarified that IRCTC had contracted with various kitchen operators, leading to accountability issues. To address this, adjustments were made to specify the base kitchen for food preparation. The new food packets included QR codes for real-time tracking of the kitchen of origin and hygiene levels. Despite the addendum's journey through the Railway Minister, the petitioners challenged its validity.
The Court observed that, "None of the submissions of the learned senior counsel for the petitioner would merit acceptance for this Court to interfere with the policy making of the Railways, through the impugned Commercial Circular."
Consequently, the petitions were rejected, and the railways were given the liberty to take the tender so notified to its logical conclusion.
Appearances:
Petitioner: Senior Counsel Jayakumar S Patil, Counsel Mahammad Tahir
Respondents: SG Tushar Mehta, Counsel S Rajashekar
Cause Title: South Western Railway Catering Contractors vs Union of India & Ors.
Click here to read/download the Judgment
