"Purely Administrative In Nature": Delhi High Court Dismisses Plea Of Two Female ITBP Constables Seeking Redeployment In Afghanistan

The Delhi High Court has recently dismissed a plea filed by two female constables working with Indo Tibetan Border Police (ITBP) who sought redeployment at the Indian Mission, Afghanistan.

Justice Rajiv Sahai Endlaw and Justice Amit Bansal observed that the issues with regards to deployment and re-deployment of personnel based at a foreign mission are purely administrative in nature which cannot be interfered by the Courts.

"Whether there is a requirement for services of the petitioners in Afghanistan cannot be assessed by the petitioners on their own. The said decisions have to be taken on the basis of administrative and operational exigencies by the respondent alone and interference by Courts in the same is not permitted under the exercise of Article 226 of the Constitution of India," the Court said.

The petitioners, currently posted in 8 Battalion and 47 Battalion respectively sought redeployment at the Indian Mission, Afghanistan in place of the officials who had served maximum period of service. 

It was the case of the petitioners that they were posted in the Embassy of India at Kabul, Afghanistan as Security Assistants in August, 2020 for a tenure of two years. However, they were re-deployed back to India on 13th June, 2021, i.e. within 10 months. Therefore, it was submitted that they were entitled to a stay of two years in Afghanistan. 

The petitioners submitted that they were required in Kabul for the purpose of frisking of children and females visiting the Embassy of India at Kabul, Afghanistan as well as for the purpose of security as they were duly trained for the same. 

On the other hand, the counsel appearing for ITBP submitted that three female Constables were working at the Embassy of India at Kabul performing the same functions as the petitioners. It was also submitted that the three personnel had completed lesser tenure of posting in Afghanistan than the two petitioners and therefore, in terms of the Policy document, they had to be retained in Afghanistan.

The Court placed reliance on the recent decision of the High Court wherein similar petitions filed by 30 Indo Tibetan Border Police (ITBP) personnel seeking redeployment in Afghanistan were dismissed after observing that matters pertaining to deployment and re-induction were administrative in nature, decisions of which were taken based on the exigencies of the situation. 

"The petitioners as personnel of armed force like ITBP can be posted anywhere based on the requirement of the force. They have no vested right to be deployed in Afghanistan. Rather it amazes us that in view of the dangerous situation prevailing in Afghanistan currently, the petitioners are keen to be deployed there", the Court had opined.

In view of this, the High Court reiterated thus:

"The petitioners being part of an armed force like ITBP have no vested right to be posted in Afghanistan, and can be posted anywhere based on requirement as assessed by the respondent."

"The issues raised in the present petition are purely administrative in nature, with regard to deployment and re-deployment of personnel based at a foreign mission. Whether there is a requirement for services of the petitioners in Afghanistan cannot be assessed by the petitioners on their own."

The plea was accordingly dismissed.

Case Title: RANI DEVI & ANR. v. INDO TIBETAN BORDER POLICE

Click Here To Read Order