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TMI Blog2005 (12) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants is as follows:- An executive order was passed by the Deputy Inspector General of Police vide his D.O. letter No.4322/SAP in furtherance of a policy decision that quarters were to be allotted to all the Orissa State Armed Police Personnel for a minimum period of three years. This order was passed keeping in view the dearth of family accommodation which at the relevant point of time was an acute problem for the Orissa State Armed Policy Battalion. It was also done with a view to ensure that every police personnel enjoyed the facility of rent-free accommodation and that is why it was done on rotational basis. The practice had continued uninterruptedly for a long time. Military police establishments normally function in a separate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Original Application. It was held that since quarters were allotted by contractual allotments, the Special Accommodation Rules do not apply. Thereafter 21 persons filed writ petition before the High Court which was registered as O.J.C No.6383 of 1992. One of the writ petitioners was Panchu Sahu who was also one of the applicants in O.A. No. 1250/1991. After dismissal of O.A. No. 758/1989, the applicants before the Tribunal filed writ petition O.J.C. No.3193 of 1992. The writ petition No. 6383/1992 was dismissed as withdrawn on 7.7.1994. It was noticed by the Division Bench that since the Bench was not inclined to entertain the writ petition, the writ-petitioners wanted to withdraw the petition. In writ petition no. O.J.C. 3193/1992 the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment does not appear to be agreeable to the Court it cannot interfere. The correctness of the reasons which prompted the Government in decision making taking one course of action instead of another is not a matter of concern in judicial review and the Court is not the appropriate forum for such investigation. The policy decision must be left to the Government as it alone can adopt which policy should be adopted after considering all the points from different angles. In matter of policy decisions or exercise of discretion by the Government so long as the infringement of fundamental right is not shown Courts will have no occasion to interfere and the Court will not and should not substitute its own judgment for the judgment of the execu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be transferred, he may immediately be asked to vacate the quarters. A person retires and/or his service ceases, it may be appreciated that he should immediately vacate the quarters. But when a person remains posted, to vacate the quarters after three years notwithstanding his continuity, is certainly not fair, justifiable or rational. On repeated query no satisfactory explanation has been given to us. What is the ultimate goal behind this policy is in order to avoid discontentment or to please very body. Such a policy does not fulfil the test of fair play and justness. 5. Having gone through the detailed averments and also considering the allegations and counter allegations, we find that the grievance of the petitioners is genuine. If t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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