"Despotic Exercise Of Power": Manipur High Court Raps Commandant General Of Home Guards For Recommending Arbitrary Promotions

A Division Bench of Chief Justice Sanjay Kumar and Justice M.V. Muralidaran criticised the lackadaisical manner in which the Commandant General of Home Guards exercised his power. It observed,

"In any event, absence of guidelines, by itself, would not clothe the authorities with whimsical and arbitrary power to pick and choose their own blue-eyed boys for higher posts. The discretion vesting in them under Sections 6(1) and 6(2) of the Act of 1989 would have to be exercised judiciously and not subjectively, bereft of rhyme or reason, based purely on nepotistic tendencies. As Lord John Dalberg-Acton put it succinctly more than two centuries ago, power tends to corrupt and absolute power corrupts absolutely! Despotic exercise of such power is manifest in the case on hand."

Factual Background:

One of the writ petitions was filed by Md. Yakup Ali, a Division Commander in the Manipur Home Guards. His grievance was that Md. Wahid Ali (respondent No. 4 therein), a Company Commander, who had only been assigned Division Commander duty on acting/temporary basis, was promoted to the rank of Battalion Commander and posted as such by order dated 06.01.2019. Assailing the said promotion, the writ petition was filed. The second writ petition was filed by Md. Tolen, a Division Commander of Manipur Home Guards, on similar lines, challenging the promotion of Md. Wahid Ali as a Battalion Commander.

The third writ petition was filed by Md. Abdul Rajak, another Division Commander of Manipur Home Guards. He was the senior-most amongst the Division Commanders, standing at Sl. No. 1 of the Seniority List dated 07.03.2018, whereas Md. Yakup Ali, respondent No. 4 therein, stood at Sl. No. 5. The cause for his grievance was that, after Md. Yakup Ali filed a writ petition against Md. Wahid Ali's promotion, an order dated 17.07.2019 was issued promoting Md. Yakup Ali to the rank of Battalion Commander, subject to the outcome of his writ. Hence, he assailed this action on the part of the authorities, as he was senior to Md. Yakup Ali.

A Single Judge set aside the orders of promotion dated 06.01.2019 and 17.07.2019 of Md. Wahid Ali and Md. Yakup Ali respectively and remitted the matter to the authorities for consideration afresh within a time frame. Hence, being aggrieved by the order, these writ appeals were filed by the above-stated two persons.

Observations of the Court:

The Court noted that neither the Manipur Home Guards Act, 1989 ("the Act") nor the Manipur Home Guard Rules, 1996 ("the Rules") provide for any procedure to be followed while making promotions within the Home Guards service. That sphere has been left completely to the discretion of the Commandant General/Commandant. Nonetheless, Rule 7 of the Rules, which prescribes a term of office of three years does not entitle the authorities to desist from framing guidelines for making promotions and continue to make subjective choices.

The Court further observed that Division Commanders are superior in rank to Company Commanders. These superior posts would have ordinarily formed the feeder category for promotion to the rank of Battalion Commander, notwithstanding the wide discretion created (in favour of Commandant) under Section 6 of the Act. However, the Court held, taking advantage of the absence of rules and procedures, the authorities have been resorting to an "arbitrary pick-and-choose policy" for promoting persons of their choice to higher posts without reference to rank or seniority. The Court resentfully observed that the instant case is a blatant example of discrimination yet again.

Though Md. Wahid Ali was assigned Division Commander duties on acting/unpaid temporary basis on 19.09.2016, he did not figure amongst the Division Commanders as on 07.03.2018. Surprisingly, the Court noticed, the promotion order dated 06.01.2019 in favour of Md. Wahid Ali was issued by the Commandant General with such carelessness and lack of application of mind that the wrong date '06.01.2018' appears therein at not one but two places. Further, it describes Md. Wahid Ali as a 'Division Commander', which he obviously was not. The order does not even mention as to what inspired the Commandant General to choose Md. Wahid Ali, superseding all his superiors in the rank of Division Commander.

The Court proceeded to observe,

"This Court is informed that a Committee has now been constituted by the State Government to frame appropriate guidelines for effecting promotions within the Home Guards but that exercise is yet to yield fruitful results. We trust that the Government will pursue this exercise in right earnest so that proper guidelines are framed at least now for effecting promotions within this uniformed service which, as is the case with any uniformed service, requires a high degree of discipline and morale. It would not be in the interest of the service to perpetuate arbitrary and discriminatory promotions, without reference to rank and seniority."

Accordingly, it dismissed the writ appeal filed by Md. Wahid Ali and disposed of the writ appeal filed by Md. Yakup Ali directing the respondent authorities to undertake the exercise of filling up the vacant posts in the rank of Battalion Commander, keeping in view the seniority of Division Commanders, as communicated under the letter dated 07.03.2018.

Case Title: Md. Yakup Ali v. Md. Abdul Rajak & Ors.

Case No.: WA No. 44 of 2021

Date of Judgment: 02 March 2022

Coram: Chief Justice Sanjay Kumar and Justice M.V. Muralidaran

Citation: 2022 LiveLaw (Man) 4