Delhi High Court
Aidsa Association vs Union Of India (Uoi) And Ors. on 22 November, 2002
Equivalent citations: 101 (2002) DLT 464, 2003 (66) DRJ 213
Author: A D Singh
Bench: A D Singh, R Sodhi
JUDGMENT
Anil Dev Singh, J.
1. By this writ petition, the petitioner seeks the
following reliefs:
"a) issue writ of mandamus directing the
Respondents to publish all the
non-statutory administrative instructions/orders,
memoranda etc. governing the
terms and conditions of service/pensions
of persons in Armed Forces and military
pensioners within 3 months:
b) issue writ of mandamus directing the
Respondents to make the said publications
freely available to public;
c) in the alternative issue writ of
mandamus directing respondents to supply
all the administrative instructions/orders
and memoranda etc with up to date
amendments to the Petitioner with
permission to publish at their cost and
right to sell the same; and
d) pass any other order or further orders
as deemed fit and proper in the interest
of justice."
2. The terms and conditions of service of Armed
Forces are governed by the statutory acts and
regulations framed therein. The conditions of service
of the Armed Forces are also contained in various
orders, notifications, memoranda and instructions. The
allegation of the petitioner is that these documents
are not published and therefore are not available to
the members of the Forces with the result that they are
nt aware of their rights under the various statutory
provisions, regulations, orders, notifications,
instructions and memoranda. It cannot be disputed that
it is the right of the members of the Armed Forces to
know the rules, regulations, orders, instructions,
memoranda and notifications dealing with their service
condition including matters relating to pensionary
benefits etc. In case the acts, rules, orders,
instructions, memoranda, notifications, etc., are not
published, it will result in violation of the right of
the members of the armed forces to information which is
guaranteed by the Constitution.
3. The leaned Additional Solicitor General
candidly states that the acts, rules, regulations,
instructions, orders and memoranda dealing with the
service conditions of the members of the Armed Forces
which have not been published by the Services, shall be
published subject to security clearance by the
concerned Directorate of Service Headquarters. The
learned Additional Solicitor General has also invited
our intention to para 10 of the counter affidavit,
which states as follows:
"10. That in reply to ground 'C' it
is submitted that all such documents
governing terms and conditions of
service of Servicemen and Ex
Servicemen subject to security
clearance by the concerned
Directorates of Service HQs and
Section of Ministry of defense from
time to time would also be made
available on website in due course of
time."
4. Keeping in view Article 19(1) of the
Constitution and the stand of the respondents, we
direct that all statutes, rules, orders, regulations,
notifications, memoranda, instructions and all other
documents by whatever name they may be called, dealing
with service conditions of the members of the Armed
Forces including those dealing with their retiral
benefits, except the ones which relate to and affect
security of the State and whose disclosure shall not be
in the public interest, shall be published by the
respondents. The aforesaid material relating to the
service conditions of the members of the Armed Forces
shall be made available on the website but this shall
be subject to security clearance by the concerned
Directorate of Service HQs and Section of Ministry of
defense. The aforesaid documents shall be published in
the first instance through Sainik Board. The task
shall be completed within a period of six months.
5. With the aforesaid direction, CW 2206/2002
stands disposed of.
