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Calcutta High CourtWPA/21634/2025disposed

Surya Alloy Industries Limited And ANR v. Union Of India And ORS.

2025-09-19Hon'Ble Justice Amrita Sinha2 pages

19th Sept.,2025 In the High Court at Calcutta Item no.D/L 05 Court No. 14 Pradip, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 21634 of 2025 In the matter of :

Surya Alloy Industries Limited & Anr.

.... Petitioners VS.

Union of India & Ors.

....Respondents For the Petitioners:

Mr. Bikash Ranjan Bhattacharya, Sr. Adv.

Mr. S. Majumdar Mr. T. Chakraborty Mr. Kallol Saha Mr. Farhan Ghaffer ....Advocates For the State:

Mr. Rajesh Upadhyay Mr. Supriyo Kundu ....Advocates

1. Affidavits of service filed in Court today are taken on record.

2. The petitioners are aggrieved by the notice to show-cause dated 20th August, 2025.

3. Learned senior counsel for the petitioners refer to Clause 15.1 of the Corrigendum no. 2 of October, 2023 of the Indian Railways Standards Specification For Elastic Rail Clips (Serial No. T-31-2021) and Clause 1502 of the Standard Conditions of Contract revised on September, 2022 Railway Board, Ministry of Railways, Government of India in support of the submission that the show-cause notice could not have been issued at all.

4. It is settled law that issuance of show-cause notice does not give rise to any cause of action, far less, any punitive or coercive action.

5. The time period to submit reply to the show-cause notice has not expired. It will be open for the petitioners to respond to the show-cause notice.

6. The concerned authority shall consider the response of the petitioners to the show-cause notice in accordance with the legal statutory conditions.

7. The writ petition stands disposed of.

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)