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Govt’s policy decisions not susceptible to judicial review: High Court
9/28/2022 10:58:53 PM

Early Times Report

Jammu, Sept 28: The Jammu & Kashmir and Ladakh High Court has held that the deployment of armed forces with the UN Peace Keeping Mission cannot be equated with Formed Police Units as both play separate roles according to UN mandate.
Justice Wasim Sadiq Nargal while dismissing the petition observed that policy framed by the Government of India has reasonable classification with the objects sought to be achieved and the law has been settled that the policy decisions of the Government are not susceptible to Judicial Review.
This significant judgment was passed by Justice Wasim Sadiq Nargal in a petition filed by Rajender Singh Saini and others seeking quashment of order issued by the Government of India, Ministry of Home Affairs, by virtue of which, sanction was accorded to the grant of Overseas Allowance to ITBP personnel deployed on UN. Mission at Congo at US$ 2120 per month for officers, US$ 1600 per month for subordinate officers and US$ 925 per month for other ranks, besides, seeking a writ of mandamus commanding the respondents to reimburse the overseas allowance to the petitioners in accordance with the Memorandum of Understanding between the Government of India and United Nations for contribution of Formed Police Units I & II to MONUC by paying the petitioners the arrears of the allowance with interest.
Justice Wasim Sadiq Nargal after hearing both the sides observed that the order impugned has been issued by the Ministry of Home Affairs which falls within the realm of the policy decision by the Government of India whereby the Government of India have powers to fix the Overseas Allowance according to the grade and work assigned to those personnel deployed in Formed Police Unit with UN Peace Keeping Mission.
Thus, the order impugned which has been issued by the Ministry of Home Affairs with regard to the Overseas Allowance for CPFs personnel deployed in UN Mission (MONUC) falls within the realm of policy decision of Government of India and the same is not susceptible to judicial review as no fault can be found with regard to the aforesaid policy. The petitioners have failed to project as to how and under what circumstances, the petitioners are aggrieved of the order impugned. (JNF)
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