IMPORTANT POINT
High Court should not entertain a writ petition on service matter of Army personnel which subject of within jurisdiction of the Armed Forces Tribunal.

Headnote:Constitution of India – Article 226 r/w Section 3(o) and 14, Armed Forces Tribunal Act 2007 – Service matters of army personnel – Jurisdiction of Tribunal – Held, High Court erred in entertaining writ petition on a subject within jurisdiction of the Tribunal. (Para 15)
       Facts of the case:
       On 20 September 2016, as an officer of the Intelligence Corps the respondent Lieutenant Colonel was posted to 3 Corps Intelligence and Surveillance Unit, [“3 CISU”]. On 30 June 2018 he was posted from 3 CISU as an Officer Commanding 2 Detachment in Imphal to Nanded in Maharashtra. His successor, Lt Colonel RP Nanda addressed two letters on 30 June 2018 and 2 July 2018 to his Commanding Officer implicating breaches of discipline, violations of the Arms Act 1959, and security and administrative lapses by the respondent. According to the petitioners, on being directed to report to Unit Headquarters by his Commanding Officer at 3 CISU, the respondent moved to Dimapur. On 4 July 2018 a Habeas Corpus Petition (Habeas Corpus Petition No 11 of 2018) was instituted before the High Court of Manipur by his spouse. On 5 July 2018, the High Court directed the authorities to ensure the presence of the respondent. In compliance with the order of the High Court, the respondent appeared in Court
       On 5 October 2018 an order was issued attaching the respondent to Hq 56 Artillery Brigade Unit for initiating disciplinary action under Army Instructions 30/86. He instituted a Writ Petition before the High Court of Manipur under Article 226 of the Constitution, seeking to challenge the validity of the attachment order dated 5 October 2018 issued by the Additional Directorate General, Discipline and Vigilance, Adjutant General’s Branch, Integrated HQ of the Ministry of Defence (Army), New Delhi.
       The orders impugned were stayed.
       Finding of the Court:
       The Writ Petition ought not to have been entertained by the High Court.
       Result: Appeal allowed.

JUDGMENT :

DHANANJAYA Y CHANDRACHUD, J.

1. Leave granted.

2. The respondent is a Lieutenant Colonel in the Indian Army. On 20 September 2016, as an officer of the Intelligence Corps, he was posted to 3 Corps Intelligence and Surveillance Unit, [“3 CISU”]. On 30 June 2018 he was posted from 3 CISU as an Officer Commanding 2 Detachment in Imphal to Nanded in Maharashtra. His successor, Lt Colonel RP Nanda addressed two letters on 30 June 2018 and 2 July 2018 to his Commanding Officer implicating breaches of discipline, violations of the Arms Act 1959, and security and administrative lapses by the respondent. According to the petitioners, on being directed to report to Unit Headquarters by his Commanding Officer at 3 CISU, the respondent moved to Dimapur. On 4 July 2018 a Habeas Corpus Petition (Habeas Corpus Petition No 11 of 2018) was instituted before the High Court of Manipur by his spouse. On 5 July 2018, the High Court directed the authorities to ensure the presence of the respondent. In compliance with the order of the High Court, the respondent appeared in Court, when an order was passed, recording that:

“Prima facie as on today, Lt.Col.Dharamvir Singh is not in illegal custody or in the custody of any of the Officers of the respondent/department.”

On 5 October 2018 an order was issued attaching the respondent to Hq 56 Artillery Brigade Unit for initiating disciplinary action under Army Instructions 30/86. He instituted a Writ Petition before the High Court of Manipur under Article 226 of the Constitution, seeking to challenge the validity of the attachment order dated 5 October 2018 issued by the Additional Directorate General, Discipline and Vigilance, Adjutant General’s Branch, Integrated HQ of the Ministry of Defence (Army), New Delhi. The order of attachment reads thus :

“Attachment Order :

1. Ref. HQ Eastern Comd Letter No.201940/157/A1(Dv-2) dated 29 Sep 2018 (copy enclosed for ready reference).

2. IC 57196X Lt. Col. Dharamvir Singh ex OC No.2 FID, 3 CISU presently posted to 52 Maharashtra NCC Bn, Nanded, Maharashtra is hereby attached to 56 Arty Bde/56 Inf Div/3 Corps under the provisions of AI 30/86.

3. The offer be directed to report to 56 Arty Bde/56 Inf Div/3 Corps forthwith and compliance report to this effect may please be fwd to this HQ.”

3. The order of attachment was followed by a communication dated 2 November 2018 of HQ DG NCC, Ministry of Defence and a similar communication of the NCC Directorate, Maharashtra requiring the respondent to report to 56 Arty Bde/56 Inf Div/3 Corps.

4. The Writ Petition which was instituted before the High Court of Manipur on 5 November 2018, specifically called into question the legality of these orders.

The prayers in the petition are extracted below:

“ii. Issue a Writ in the nature of Certiorari for quashing (i) the letter dated 5.10.2018 issued by the Additional Directorate General, Discipline and Vigilance, Adjutant General’s Branch, Integrated HQ of MOD (Army), New Delhi 110011, (ii) letter dated 2.11.2018 issued by the HQ DGNCC, Ministry of Defence, West Block-IV, RK Puram, New Delhi – 110066 and

(iii) letter dated 2.11.2018 issued by NCC Directorate, Maharashtra AFI Building, Bombay Hospital Lane, Dhobi Talao, Mumbai – 400020.”

5. A learned Single Judge of the High Court entertained the Writ Petition on 5 November 2018. A submission was made before the High Court that an order of attachment, as prescribed under Army Instruction No.30 of 1986, can be ordered only when a disciplinary action has been contemplated and when the order of attachment was issued on 5 October 2018, a tentative charge-sheet had not been furnished to the officer.

6. An objection was raised to the jurisdiction of the High Court to entertain the Writ Petition, since the respondent at the time of the initiation of the action of attachment was based at Nanded in Maharashtra and the orders were issued by the Headquarters at New Delhi. Yet the High Court proceeded to entertain the Writ Petition on the submission whi

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2019 Supreme(SC) 332

SUPREME COURT OF INDIADHANANJAYA Y CHANDRACHUD, HEMANT GUPTA, JJ.UNION OF INDIA & ORS – AppellantVersusLT COLONEL DHARAMVIR SINGH – RespondentCivil Appeal No.1714 of 2019 (Arising out of SLP(C) No.3480 of 2019)Decided on : 15-02-2019

IMPORTANT POINTHigh Court should not entertain a writ petition on service matter of Army personnel which subject of within jurisdiction of the Armed Forces Tribunal.

SUPREME COURT OF INDIA
DHANANJAYA Y CHANDRACHUD, HEMANT GUPTA, JJ.
UNION OF INDIA & ORS – Appellant
Versus
LT COLONEL DHARAMVIR SINGH – Respondent
Civil Appeal No.1714 of 2019 (Arising out of SLP(C) No.3480 of 2019)
Decided on : 15-02-2019

IMPORTANT POINT
High Court should not entertain a writ petition on service matter of Army personnel which subject of within jurisdiction of the Armed Forces Tribunal.