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IN THE HIGH COURT OF GAUHATI
Nelson Sailo, J.
Special Reserve Force Progressive Society And Anr. - Appellants
Vs.
State of Assam And Ors. - Respondents
Writ Petition (Civil) No. 6788 of 2013
Decided On : 18-11-2019
Association - Formation of Association by Reserve Force Members - Civil Defence Act, 1968, Assam Services (Conduct) Rules, 1965, Assam Services (Discipline and Appeal) Rules, 1964 - The court found that there is no specific provision requiring the members of the Reserve Force to obtain formal permission to form an association. The impugned orders and show cause notice were set aside.
Fact of the Case:
The petitioners, members of the Special Reserve Force Progressive Society, were issued show cause notices alleging the formation of an unauthorized society. The petitioners approached the court through a writ petition, contending that the Reserve Force is governed by the Civil Defence Act, 1968, Assam Services (Conduct) Rules, 1965, and Assam Services (Discipline and Appeal) Rules, 1964, and there is no stipulation for obtaining prior approval or permission to form an association.
Finding of the Court:
The court found that there is no specific provision requiring the members of the Reserve Force to obtain formal permission to form an association. The impugned orders and show cause notice were set aside.
Issues: The issue to be considered was whether the petitioners were within their right to form an association and get the association registered under the Societies Registration Act, and whether the respondents were justified in contemplating a departmental proceeding against the petitioners.
Ratio Decidendi: The court held that there is no specific provision requiring the members of the Reserve Force to obtain formal permission to form an association, and therefore, the impugned orders and show cause notice were set aside.
Final Decision: The court set aside the impugned Order, Communication, and Show Cause Notice, stating that there is no specific provision requiring the members of the Reserve Force to obtain formal permission to form an association. The acceptability and recognition of the Society as a government recognized service association were left to the respondents.
JUDGMENT :
Nelson Sailo, J.
Heard Mr. M. Khan, learned counsel for the petitioners and Ms. K. Phukan, learned State counsel appearing for all the respondents.
2. The two (2) petitioners before this Court are the Special Reserve Force Progressive Society (the Society) represented by its President and the President by name. The petitioner's society comprises of members of the Assam Special Reserve Force (Reserve Force) and the Society is registered under the Societies Registration Act of 1860 (the Act) on 23.11.2012 vide No. RS/KAM(M)/263/B/455 of 2012-2013. Grievance projected is that the respondent authority concerned issued a show cause notice to the President of the Society (petitioner No.2) who is also the Platoon Commander of the Reserve Force on 05.11.2013, alleging that he was found to be involved in forming an unauthorised society and therefore, he should submit a written statement in defence within 10 days from the date of receipt of the communication. Two other similar communications were also made to the petitioner No. 2 and to two other Platoon Commanders with the same allegation. Thus, being aggrieved with the said 3 (three) communications, all dated 05.11.2013 which are annexed to the writ petition as Annexure - 6, 7 & 8, the petitioners have approached this Court through this writ petition.
3. The petitioners contend that the Reserve Force is under the Directorate of Civil Defence and Home Guards, Assam and the members of the Society are working in different districts in the State of Assam. Their service is governed by the Civil Defence Act, 1968, the Assam Services (Conduct) Rules, 1965 and the Assam Services (Discipline and Appeal) Rules, 1964. According to the petitioners, the idea to form an association emerged since long time back in the year 2000 with noble aims inter-alia including, all round development and well being of the employees of the Reserve Force and to protect their legal and Fundamental Rights as envisaged by the Constitution of India and the laws framed thereunder. Initially the Association was formed in the name and style of "Assam Special Reserve Force Battalion, Unnayan Samity" which started functioning since 22.02.2000. However, the said association was not registered and the State Government having noticed that the grievances of the members working in the Reserved Force required to be looked into, constituted a committee under the Chairmanship of the Commissioner & Secretary to the Government of Assam, Home Department having 3 (three) other members with the Under Secretary, Home (B) Department as the Member Secretary vide Notification dated 29.11.2002 (Annexure 3 series). However despite the constitution of the committee, as the grievances of the members of the Reserve Force was not properly addressed, the Society as already stated hereinabove was formed.
4. Soon after the Society was registered, the Senior Staff Officer (G) (respondent No. 3) vide his communication dated 26.07.2013 (Annexure-4) asked the petitioner No. 2 and two other office bearers of the Society as to whether permission was obtained from the competent authority before registration of the Society. The communication dated 26.07.2013 is abstracted as below:-
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