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2019 (10) TMI 555 - HC - GSTTerritorial Jurisdiction - shifting of Office - shifting of the Chief Commissioner’s Office from Shillong to Guwahati - HELD THAT:- The decision making process in arriving at the decision to shift the Chief Commissioner’s Office from Shillong to Guwahati does not suffer from arbitrariness, nor can the same be said to have been done irrationally or unreasonably. The duty of the Courts in exercise of powers of judicial review over administrative action is to determine whether the action and to see that the same is not illegal, irrational or vitiated by procedural impropriety and that administrative action must be seen to have been done fairly, impartially and reasonably. In the instant case, the impugned action of the respondents cannot be said to meet any of the conditions, which would warrant interference by this Court and the decision making process cannot be faulted with. The stated position also being that the same being a policy decision, it is a settled law that a policy decision will not be interfered in a routine manner unless the policy is contrary to the provisions of statutory rules or in violation of provisions of the Constitution. Unless the same is established, the said policy decision must be left to the Government to decide as to which policy should be adopted. In the case of KAILASH MEGHWAL AND OTHERS VERSUS STATE OF RAJASTHAN AND OTHERS… [1982 (11) TMI 180 - RAJASTHAN HIGH COURT], the Hon’ble High Court of Rajasthan has held that “the establishment of circle office of PHED or its shifting from one district to another is neither a matter of prima facie judicial, nor legislature domain and none is concerned in such matters because it is neither legislative nor judicial. As executive or administrative decision simpliciter cannot be put to judicial review”. With regard to the locus standi of the petitioners to challenge the shifting of the Chief Commissioner’s Office from Shillong to Guwahati, this aspect need not be considered in view of the discussions made herein above on other issues. However, with regard to dislocation of the petitioners and other staff working in the Chief Commissioner’s Office, on the basis of the submissions advanced by the respondents, it is directed that an option shall be given to the concerned staff to opt for Guwahati, or to be accommodated in other Central Excise and Customs Office in Shillong, to avoid any forced dislocation. There being no illegality or arbitrariness in the action of the respondents and the decisions arrived at being in pursuant to policy and in public interest, the writ petition being devoid of merit and is accordingly dismissed. Petition dismissed.
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