DES RAJ PATHAK Vs. UNION OF INDIA (UOI) ETC.

JUDGEMENT

(1.) These two writ petitions are connected matters and the main question raised in both of them is with regard to the jurisdiction of the General Court Martial to try the Petitioners who happen to be civilian officers serving in General Reserve Engineer Force ( hereinafter shortly referred to as the G.R.E.F.) which is working under the Border Roads Development Board (hereinafter referred to as the Board) which functions in accordance with the rules of business framed by the Prime Minister from time to time in the Ministry of Transport and Shipping, Government of India. It is almost an admitted fact that the G.R.E.F. is primarily a departmental civilian agency though the pattern of the organisation is basically modeled on the Army. Broadly speaking, except where specially legislated, the G. R. E. F. personnel are governed by the normal rules as would apply to the corresponding non -industrial civilian of Defence Services. The Director of the Board exercises control over the G.R.E.F. through the Chief Engineers functioning in specified areas. A Chief Engineer is responsible for control and administration of G.R.E.F. and Army units and formulations placed under his command. We shall refer to the relevant provisions in this connection at an appropriate stage. It should, however, be noted at this stage that by virtue of the provisions contained in Sec. 4(1) and (4) of the Army Act, 1950, the Central Government has framed statutory rules and orders (hereinafter referred to as the S.R.O.) No. and according to S.R.O. No. 329 and 330 dated 23 -9 -1960, the said Government has applied all the provisions of the Army Act with certain exceptions and subject to the modifications set forth in schedule 'B' attached to S.R.O. 329. By S.R.O. 330 Army Rules, 1954 as amended from time to time have been applied to G. R. E. F. personnel with certain exceptions as mentioned therein. Thus by these S.R.O.s. the G.R.E.F. Personnel are governed by Army Act, 1950, and Army Rules, 1954 with certain exceptions.

(2.) It is further found that on 20 -11 -1969 the President of India has prescribed with immediate effect the terms and conditions of service' of the members of the G.R.E.F. as shown in the annexure to the letter of an Under Secretary to the Ministry of Shipping and Transport dated 20 -11 -1969 to the Director General Border Roads, Kashmir House, New Delhi. The Petitioners have relied upon para 13 of these terms and conditions of service, and the corresponding para 32 of Border Roads Regulations which is a Government publication compiling all the rules and regulations by which the G.R.E.F. personnel are governed.

(3.) We shall make a detailed reference to the relevant provisions of the Army Act, 1950, Army Rules, 1954, Border Regulations as compiled in the above referred government publications, and the terms and conditions of the service of the G.R.E.F. personnel as prescribed by the President on 20 -11 -1969. Before making this detailed reference, it would be necessary to state shortly the background of facts which have given rise to both these petitions.