Dhananjaya Y. Chandrachud, J. - (1.) Leave granted.
(2.) The respondent is a Lieutenant Colonel in the Indian Army. On 20 September 2016, as an officer of the Intelligence Corps, he was posted to 3 Corps Intelligence and Surveillance Unit ["3 CISU"]. On 30 June 2018 he was posted from 3 CISU as an Officer Commanding 2 Detachment in Imphal to Nanded in Maharashtra. 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. 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 4 July 2018 a Habeas Corpus Petition (Habeas Corpus Petition No 11 of 2018) was instituted before the High Court of Manipur by his spouse. On 5 July 2018, the High Court directed the authorities to ensure the presence of the respondent. In compliance 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.Col.Dharamvir Singh is not in illegal custody or in the custody of any of the Officers of the respondent/department." 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. 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 General's Branch, Integrated HQ of the Ministry of Defence (Army), New Delhi. The order of attachment reads thus : "Attachment Order : 1. Ref. HQ Eastern Comd Letter No.201940/157/A1(Dv-2) dated 29 Sep 2018 (copy enclosed for ready reference). 2. IC 57196X Lt. Col. 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. 3. The offr be directed to report to 56 Arty Bde/56 Inf Div/3 Corps forthwith and compliance report to this effect may please be fwd to this HQ."
(3.) The order of attachment was followed by a communication dated 2 November 2018 of HQ DG NCC, Ministry of Defence and a similar communication of the NCC Directorate, Maharashtra requiring the respondent to report to 56 Arty Bde/56 Inf Div/3 Corps.;