JUDGMENT

B.N.KIRPAL, J.

(1) SPECIAL leave granted.

(2) THE decision of the central government to locate the headquarters of South Western Railways at Hubli instead of Bangalore was successfully impugned by the respondents before the High Court of Karnataka. It was the case of the respondents that once the railways had decided to establish the headquarters at Bangalore and spent public funds in putting up part of the establishment a subsequent decision of shifting the headquarters to Hubli was bad in law.

(3) THE High Court came to the conclusion that this decision was vitiated on account of legal mala fides as the appellants herein had decided to shift the zonal office from Bangalore to Hubli without any changed or compelling circumstances and without taking into account all relevant and material facts.

(4) IT is contended by the learned Solicitor eneral that where the headquarters of a zonal railway should be, is only a question of policy and it is no business of the court to interfere with a policy decision. He drew out attention to the fact that it is the Ministry of Railways which had initially decided with the approval of the Union Cab