LT. COLONEL DHARAMVIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri Shreeji Bhavsar, learned counsel appearing for the petitioner and Shri S. Suresh, learned ASG for the respondents on 21/1/2019 with the direction that the order be pronounced on 23/1/2019 as regards the continuation of the interim order but for want of time, it could not be pronounced that day and accordingly, the same is being pronounced today.

(2.) The instant writ petition has been filed by the petitioner praying for issuing a writ of certiorari or any other appropriate writ to quash and set-aside some letters including the letter dtd. 5/10/2018/ order of attachment issued by the Additional Directorate General, Discipline and Vigilance Adjutant General's Branch, Integrated HQ of MoD (Army), New Delhi on the inter-alia grounds that the respondents have issued the said letters to harass him as he had disclosed certain facts about the killing of innocent youths of Manipur by the army authority. On 5/11/2018 when the writ petition was listed for motion, this Court while issuing notice to the respondents, suspended the letters including the letter dtd. 5/10/2018 which was extended till date and in the meantime, counter affidavit on behalf of the respondents had been filed by Lt. Col. Karam Raja Singh wherein the allegations made in the writ petition have been denied as false.

(3.) The order of attachment vide letter dtd. 5/10/2018 was issued by the Dy. DIR/DV-2 on behalf of the Adjutant General in exercise of power conferred under the provisions of Army Instruction No. 30/86 which provides that an officer against whom disciplinary action is contemplated, may be attached to other units at the discretion of the Army headquarter for the purpose of investigation and progress of the disciplinary case and that such attachment will be ordered only when a prima facie case is established against him and not during the investigation stage by a Court of enquiry. An exception has been carved out in the said Army instruction whereby in exceptional case where an officer's continued retention in his appointment say as CO, is not desirable, he may be attached to another unit.