2005 Supreme(Raj) 2973
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Y.R.Meena, J.R.Goya, JJ.
Narendra Singh Kuntal - Appellant
Versus
State of Rajasthan and Others - Respondent
D.B. Civil Special Appeal (W) No. 530 of 2002.
Decided On : 1-03-2005
For the Appellant:Mrs. Naina Saraf, Advocate.
For the State:Mr. S.S. Sharma Deputy Government Advocate.
Headnote:Constitution of India, Art. 14 and 226 – A policy decision taken for Govt. Servants – policy stated those Govt. Servants whose career is tainted with the charge of embezzlement of Government funds etc., shall not be posted at a place where they are in direct contact with public – the same has been challenged in this appeal – dismissing the appeal the court observed that the policy was proper and no infirmity was found.
"It is now well settled by the decisions of Apex Court that it is neither within the domain of the courts nor the scope of Judicial review to embark upon an enquiry as to whether a particular public policy is wise or better public policy can be invoked. Nor are the Courts inclined to strike down the policy at the behest of petitioners merely because it has been urged that a different policy would have been fairer or wiser or more scientific or logical.
The policy decision taken by Government for the Government servants whose career is tainted with the charge of embezzlement of Government funds, misappropriation of irregularities not to post them on the postings involving direct contact with the public or handling of cash, cannot be said to be arbitrary, unfair, unreasonable or against the constitutional and legal provisions."
*******