Delhi High Court rejects Major General’s petition for Military Intelligence officer to be appointed DGMI

In his petition, Major General S S Khara, who had served as Additional Director General of Military Intelligence (ADGMI), had also sought the Ministry of Defence to release a special vacancy for the Intelligence Corps to compensate for the “long injustice meted out to the said Corps”.

In his petition, Major General S S Khara had prayed the court to issue an appropriate writ, order or direction under Article 226 of the Constitution of India directing the respondents to quash and set aside the promotion policy dated December 23, 2017, to the extent that it excludes the Intelligence Corps of the Indian Army from being considered for promotion to the rank of Lt General from the Non-General Cadre Staff Stream (NGCSS) vacancies.

He had also sought the respondents to include the Intelligence Corps to be considered for promotion in the NGCSS vacancies and create a vacancy at the rank of Lt General for the officers to be promoted from the Intelligence Corps.

His third prayer was to direct the respondents to release a special vacancy for the Intelligence Corps to compensate for the long injustice meted out to the said Corps and direct the respondents to consider the petitioner for promotion to the rank of Lt. General against the special vacancy with the restoration of 1985 seniority in the NGCSS.

Finally, the petition had asked for an officer of the rank of Lt. General from the Intelligence Corps to be designated as Head of Arm of the Intelligence Corps and a separate officer from the same Corps to be the DGMI, in the national interest.

Rejecting this last prayer, the Delhi High Court quoted judgements which said that the High Court in the exercise of its power under Article 226 of the Constitution of India cannot give a direction for framing of recruitment rules that too in a particular manner as being sought by the petitioner.

The HC order further quoted a Supreme Court judgement which said the High Court, in the exercise of powers under Article 226, can neither issue a mandamus to direct a department to sanction and create a post nor it can direct the Government/Department to formulate a particular regularisation policy. “In fact, the Supreme Court was of the view that making policy, as is well recognized, is not in the domain of the Judiciary,” the order said.

The HC disposed off the petition asking the petitioner to approach the AFT for seeking relief regarding the other prayers made by him except the prayer to appoint MI officers as DGMI and create a post of Lt Gen as head of arm for MI Corps.

“It goes without saying that if the petitioner approaches the AFT, the AFT shall decide the same in accordance with law. In view of the aforesaid, the petition is disposed of,” HC order said.