Delhi High Court dismisses PIL against deputation of Indian Army officers/personnel to Assam Rifles

The Delhi High Court recently dismissed a public interest litigation (PIL) petition challenging the deputation of Indian Army officers and personnel to Assam Rifles [AR 196 Commandant Wazir Singh Panghal Retd v Union of India and Ors]..Assam Rifles is the oldest paramilitary force in India and is primarily responsible for carrying out anti-insurgency operations in the North-East..A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed the plea noting that it is a service matter and, therefore, a PIL is not maintainable.“In the considered opinion of this Court, the relief sought by the Petitioner relates to ‘service matter’ and in light of the judgment passed by the Apex Court in Dr. Duryodhan Sahu & Ors v. Jitendra Kumar Mishra & Ors., (1998) 7 SCC 273, the present writ petition is not maintainable,” the Court said..However, the bench granted liberty to any individual who has been posted to Assam Rifles and aggrieved by the same, to approach the court..The PIL was filed by one Wazir Singh Panghal who had served as a commandant in the Assam Rifles.It demanded issuance of a writ to withdraw the appointment of all Army Officers and personnel to the Assam Rifles. The plea also sought an investigation into allegation of corruption by army officers in claiming deputation allowance while being posted with Assam Rifles.This was alleged to have been done in connivance with the officials of the respective ministries and treasury department..The Central government opposed the petition stating that similar prayers were made in an earlier petition where court martial proceedings under Section 140 of the Assam Rifles Act, 2006 were under challenge on the ground that the petitioner there was an Army personnel on deputation and therefore he cannot be subjected to Assam Rifles Act.A Division Bench had passed a detailed order in that case holding that a person appointed on deputation to the Assam Rifles is also an ‘officer’ for purposes of Section 90 of the Assam Rifles Act and the term ‘officer’ in Section 90 does not refer to only persons directly appointed to the force..“The relief not granted by the Division Bench again forms part of the prayer clause in the present PIL,” the Court noted in its order..Advocate Krishan Kumar appeared for the petitioner in the case.Union of India was represented through Central Government Standing Counsel Harish Vaidyanathan Shankar along with Srish Kumar Mishra, Sagar Mehlawat and Alexander Mathai Paikaday. .[Read Order]