Delhi HC dismisses PIL against posting army officers to Assam Rifles

New Delhi: The Delhi High Court has dismissed public interest litigation (PIL) seeking a direction to the central government to withdraw the posting of all army officers and personnel from Assam Rifles.

A bench headed by Chief Justice Satish Chandra Sharma said a PIL is not maintainable in service matters and any individual aggrieved with his posting with Assam Rifles has the liberty to approach the court.

The court also noted that reliefs claimed in the instant petition have already been refused by a division bench of the high court in another case.

“The relief not granted by the division bench again forms part of the prayer clause in the present PIL. Otherwise also, in service matters, no PIL is maintainable,” observed the bench, also comprising Justice Subramonium Prasad, in its order dated October 17.

“The present writ petition is not maintainable. However, liberty is granted to any individual, who has been posted to Assam Rifles and is aggrieved in the matter. The petition is dismissed with the above observations,” the court ordered.

The petitioner, a retired Assam Rifles commandant, objected to the posting of army officers with Assam Rifles in the PIL and urged that there should be an end to the violation the Assam Rifles Act, Rules and Regulations in matters of posting of army officers there and that the directions issued by the Supreme Court for such deputation should be strictly followed.

In the plea, the petitioner also sought the Centre’s direction to “call for an investigation in the matter of heavy financial embezzlement of illegally claiming ‘deputation allowance’ by army officers while posted in Assam Rifles in connivance with the officials”.

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