Page No.# 1/3 GAHC010134642025 2025:GAU-AS:8564 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3430/2025 IMAMUL HOQUE S/O LATE ABU SHAMA VILL- CHENIMARI BILL NC, P.S. JURIA DIST. NAGAON, ASSAM PIN- 782124 MOBILE NO. 91010-49240 VERSUS FOOD CORPORATION OF INDIA (FCI) AND 3 ORS. TO BE REPRESENTED BY ITS GENERAL MANAGER, ASSAM REGION, PALTAN BAZAR, GUWAHATI-08. 2:THE DIVISIONAL MANAGER FCI NORTH LAKHIMPUR K.B. ROAD NORTH LAKHIMPUR ASSAM -787001. 3:THE AGM (EM/HK) FCI REGIONAL OFFICE JANATA HOTEL BUILDING GS ROAD PALTAN BAZAR GUWAHATI-781008 ASSAM Page No.# 2/3 4:THE MANAGER (A /CS) DIVISIONAL OFFICE K.B. ROAD NORTH LAKHIMPUR ASSAM- 787001 Advocate for the Petitioner : MR M R ADHIKARI, MOTIUR RAHMAN Advocate for the Respondent : SC, F C I, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 25.06.2025 Heard Mr. M.R. Adhikari, learned counsel for the petitioner and Mr. V.K. Singh, learned counsel for the FCI. 2. The petitioner’s case is that the petitioner’s contract was terminated vide letter dated 06.06.2025, issued by the FCI, without issuing any prior notice, in terms of Clause 14 of the General Terms and Conditions of the NIT dated 23.04.2024. 3. The petitioner’s counsel submits that the contract can be terminated only on two conditions. Firstly, when the services of the petitioner are not found satisfactory and secondly, by serving a 3(three) months’ calender notice, if the services of the DG set is not required. 4. Mr. V.K. Singh, learned counsel for the FCI submits that the petitioner’s contract has been terminated by giving him 1(one) month’s notice, inasmuch as, the service of the present DG set is no longer required and as a higher capacity DG set is going to be installed by the respondents. 5. I have heard the learned counsels for the parties. 6. Clause 14 of the General Terms and Conditions of the NIT dated 23.04.2024 Page No.# 3/3 states as follows:- “14. The contract shall remain in force initially for a period of two year from the date of installation and satisfactory commissioning of the D.G. Set at site. However the contract is subject to termination at any time if the services are not found satisfactory. Also FCI can terminate the contract by serving three calendar months notice if the service of DG set is not required. The contract may be renewed for further period of one year at half of the rate quoted for the entire 24 months and on terms & conditions of satisfactory services rendered by the generator supplier and requirement of the offices.” 7. A perusal of the same clearly goes to show that in the event the service of the DG set is no longer required, the contract can be terminated if the petitioner/contractor is given 3(three) months’ prior notice. The petitioner’s contract has been terminated on the ground that the service of the present DG set is no longer required, which requires the respondents to issue to the petitioner, 3 months’ prior notice. As the same has not been done in terms of Clause 14 of the General Terms and Conditions of the NIT, the impugned letter dated 06.06.2025 is not sustainable. The same is accordingly set aside. However, liberty is given to the respondents to invoke Clause 14 of the General Terms and Conditions of the NIT dated 23.04.2026, by strictly following the same in letter and spirit. 8. The writ petition is accordingly disposed of. JUDGE Comparing Assistant