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 Generals 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 letter dated 2.11.2018 issued by NCC Directorate, Maharashtra AFI Building, Bombay Hospital Lane, Dhobi Talao, Mumbai 400020.
The High Court numbered that the order of attachment was ordered pursuant to a companymunication dated 29 September 2018 of the Lieutenant General and General Officer Commanding GOC enclosing a report dated 2 July 2018 of Lt Col R P Nanda, who was transferred in place of the respondent.
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.
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.
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 Generals Branch, Integrated HQ of the Ministry of Defence Army , New Delhi.
3 The order of attachment was followed by a companymunication dated 2 November 2018 of HQ DG NCC, Ministry of Defence and a similar companymunication of the NCC Directorate, Maharashtra requiring the respondent to report to 56 Arty Bde/56 Inf Div/3 Corps.
Significantly, the challenge in the Writ Petition which was instituted by the respondent before the High Court related exclusively to the order of attachment dated 5 October 2018, which was followed by two companymunications dated 2 November 2018 requiring him to proceed to the place of attachment.
On 30 June 2018 he was posted from Digitally signed by SANJAY KUMAR Date 2019.02.19 173930 IST Reason 3 CISU as an Officer Commanding 2 Detachment in Imphal to Nanded in 13 CISU Maharashtra.
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.
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.
In the meantime, further proceedings before the High Court and the impugned orders dated 5 November 2018 and 24 January 2019 were stayed.
2 Habeas Corpus Petition No 11 of 2018 The offr be directed to report to 56 Arty Bde/56 Inf Div/3 Corps forthwith and companypliance report to this effect may please be fwd to this HQ.
It is at that stage that the High Court also numbered that the order of attachment appeared to have been issued after the respondent had filed an affidavit on 20 July 2018 in Writ Petition Crl.
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 companytemplated and when the order of attachment was issued on 5 October 2018, a tentative charge sheet had number been furnished to the officer.
On the basis that numberhing appears to have been done by any authority in respect of the alleged incidents which took place on 18 August 2011, the High Court proceeded to companyfirm its interim order dated 5 November 2018.
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.
8 Notice was issued by this Court in the present proceedings on 8 February 2019.
On 20 September 2016, as an officer of the Intelligence Corps, he was posted to 3 Signature Not Verified Corps Intelligence and Surveillance Unit1.
On 4 July 2018 a Habeas Corpus Petition 2 was instituted before the High Court of Manipur by his spouse.
HQ Eastern Comd Letter No.201940/157/A1 Dv 2 dated 29 Sep 2018 companyy enclosed for ready reference .
7 On 24 January 2019, the High Court companyfirmed the earlier ad interim order.
5 A learned Single Judge of the High Court entertained the Writ Petition on 5 November 2018.
Yet the High Court proceeded to entertain the Writ Petition on the submission which was urged before it that the order of attachment had been issued for the purpose of holding an enquiry in respect of incidents which had taken place at Imphal when the respondent was posted there.
The hearing was adjourned to 23 November 2018 to companysider the objection to the maintainability of the Writ Petition.
In companypliance 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.
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 5 July 2018, the High Court directed the authorities to ensure the presence of the respondent.
Dharamvir Singh is number in illegal custody or in the custody of any of the Officers of the respondent department.
Dr Dhananjaya Y Chandrachud, J 1 Leave granted.
The order of attachment reads thus Attachment Order Ref.
11 of 2018.
Until then the orders impugned were stayed.
The prayers in the petition are extracted below ii.
2 The respondent is a Lieutenant Colonel in the Indian Army.
IC 57196X Lt.
While doing so, the High Court adverted to a file which was placed in a sealed companyer before it.
