JUDGMENT : Nelson Sailo, J. Heard Mr. M. Khan, learned counsel for the petitioners and Ms. K. Phukan, learned State counsel appearing for all the respondents. 2. The two (2) petitioners before this Court are the Special Reserve Force Progressive Society (the Society) represented by its President and the President by name. The petitioner's society comprises of members of the Assam Special Reserve Force (Reserve Force) and the Society is registered under the Societies Registration Act of 1860 (the Act) on 23.11.2012 vide No. RS/KAM(M)/263/B/455 of 2012-2013. Grievance projected is that the respondent authority concerned issued a show cause notice to the President of the Society (petitioner No.2) who is also the Platoon Commander of the Reserve Force on 05.11.2013, alleging that he was found to be involved in forming an unauthorised society and therefore, he should submit a written statement in defence within 10 days from the date of receipt of the communication. Two other similar communications were also made to the petitioner No. 2 and to two other Platoon Commanders with the same allegation. Thus, being aggrieved with the said 3 (three) communications, all dated 05.11.2013 which are annexed to the writ petition as Annexure - 6, 7 & 8, the petitioners have approached this Court through this writ petition. 3. The petitioners contend that the Reserve Force is under the Directorate of Civil Defence and Home Guards, Assam and the members of the Society are working in different districts in the State of Assam. Their service is governed by the Civil Defence Act, 1968, the Assam Services (Conduct) Rules, 1965 and the Assam Services (Discipline and Appeal) Rules, 1964. According to the petitioners, the idea to form an association emerged since long time back in the year 2000 with noble aims inter-alia including, all round development and well being of the employees of the Reserve Force and to protect their legal and Fundamental Rights as envisaged by the Constitution of India and the laws framed thereunder. Initially the Association was formed in the name and style of "Assam Special Reserve Force Battalion, Unnayan Samity" which started functioning since 22.02.2000. Initially the Association was formed in the name and style of "Assam Special Reserve Force Battalion, Unnayan Samity" which started functioning since 22.02.2000. However, the said association was not registered and the State Government having noticed that the grievances of the members working in the Reserved Force required to be looked into, constituted a committee under the Chairmanship of the Commissioner & Secretary to the Government of Assam, Home Department having 3 (three) other members with the Under Secretary, Home (B) Department as the Member Secretary vide Notification dated 29.11.2002 (Annexure 3 series). However despite the constitution of the committee, as the grievances of the members of the Reserve Force was not properly addressed, the Society as already stated hereinabove was formed. 4. Soon after the Society was registered, the Senior Staff Officer (G) (respondent No. 3) vide his communication dated 26.07.2013 (Annexure-4) asked the petitioner No. 2 and two other office bearers of the Society as to whether permission was obtained from the competent authority before registration of the Society. The communication dated 26.07.2013 is abstracted as below:- "GOVERNMENT OF ASSAM OFFICE OF THE DIRECTOR GENERAL OF CIVIL DEFENCE AND COMMANDANT GENERAL OF HOME GUARDS, ASSAM BELTOLA, GUWAHATI-28 No. CG.33/2000/359 Dated Beltola the 26 th July, 2013 To, 1. Shri Moniram Ligira, Platoon Commander ASRF Bn.II, Karagaon, Karbi-Anglong and self styled President of Special Reserve Force Bn. progressive Society, Jatia, Dispur, Guwahati-06. 2. Shri Taser Ali Ahmed, Havildar, AISF Bn.-I, Tezpur and self styled General Secretary of Special Reserve Force Bn. progressive Society, Jatia, Dispur, Guwahati06. 3. Shri Nripen Barman, Platoon Commander AISF Bn.-I Bahbari, Tezpur and self styled Advisor of Special Reserve Force Bn. progressive Society, Jatia, Dispur, Guwahati-06. Subj:- Regarding Registration of Society of Special Reserve Force Bn. With reference to the subject cited above, as directed, I am to ask you, whether you have obtained permission from your respective Heads of Unit or from the DGCD & CGHG, Assam regarding registration of Special Reserve Force Bn. progressive Society. As this Directorate of CD & HG is not aware of regarding the so called Society, Please specify the following i) whether Draft Bye law, constitution and composition of Office Bearers have been, submitted to your respective Heads of Unit or to the Directorate of CD & HG, Assam, Guwahati-28. If it has already been submitted please quote letter no etc. of the same. If it has already been submitted please quote letter no etc. of the same. ii) whether you have followed the general procedure as per provision of Assam Civil Services conduct rules, 1965. iii) On what capacity you have moved to the Hon'ble Chief Minister of Assam informing the registration of the so called Society. Therefore, you are asked to submit replies on the above count categorically, within 7 (seven) days from the date of receipt of this letter. (S.C. DAS) SENIOR STAFF OFFICER (G)" 5. Against the said communication, the petitioner No. 2 gave his reply to the respondent No. 3, stating that there was no particular provision which required prior sanction from the department for registering an association. He wrote that the provision of the Assam Civil Services (Conduct) Rules, 1965 was duly followed and insofar as his knowledge was concerned, there was no embargo for forming an association. As for the information given to the Chief Minister, the same was because he was also the Home Minister. The petitioner No. 2 further wrote that the basic object of the association was to provide voluntary service and it was for the welfare of the employees of the Reserve Force and free from any political connection. Further, if there was any omission or commission on their part, the same may be ignored or they may be called for rectification of the same. The said reply however was not accepted and accordingly, the 3 (three) impugned communications and orders as already stated hereinabove, were issued. 6. Mr. M. Khan, learned counsel for the petitioners submit that the Reserve Force is under the control and management of the Director, General of Civil Defence and Commandant, General of Home Guards, Assam and their services is governed by the Civil Defence Act, 1968 as well as the Assam Services (Conduct), Rules, 1965 and the Assam Services (Discipline and Appeal), Rules, 1964. That under the said provision, there is no stipulation for obtaining prior approval or permission to form an association. 7. Referring to the memorandum of association of the society, the learned counsel submits that the object of the society is to extend a helping hand to its members in the event of injury or to the nearest family member in case of death. 7. Referring to the memorandum of association of the society, the learned counsel submits that the object of the society is to extend a helping hand to its members in the event of injury or to the nearest family member in case of death. He submits that the further aim of the Society is to extend financial help to the children of its members who are meritorious and to assist them for availing better and higher education. Besides this, it is to render medial aid and to protect the legal rights of its members as permissible under law. The learned counsel also submits that in response to the explanation called vide communication dated 26.07.2013, the petitioner No. 2 had also given his reply on 07.08.2013, explaining the purpose of forming the association while stating that there was no such provision, which required prior sanction from the department concerned. In spite of such explanation given, the respondent authority concerned directed drawing up of departmental proceeding against the petitioner No. 2 and 2 (two) other persons of the Reserve Force on ground of doubtful integrity, misleading the authority and criminal misconduct and also forming unauthorised society while keeping the authority in darkness. The learned counsel submits that the impugned action contemplated against the petitioner No. 2 and the other 2 (two) persons are wholly unjustified and therefore, Court may suitably intervene in the matter. 8. Ms. K. Phukan, the learned State counsel, on the other hand by referring to the affidavit-in-opposition filed by the respondent Nos. 1, 2 & 3 submits that the Society is not a society recognised by the Directorate of Civil Defence and Home Guards, Assam since was not formed as per the procedure and with the prior approval from the competent authority. She submits that some of the members whose names were unlisted in the memorandum of association denied their participation and maintained that they never gave consent to be a member of the Society. The contention of the petitioner No. 2 and others amounts to impersonation and is therefore a criminal misconduct. 9. She submits that some of the members whose names were unlisted in the memorandum of association denied their participation and maintained that they never gave consent to be a member of the Society. The contention of the petitioner No. 2 and others amounts to impersonation and is therefore a criminal misconduct. 9. The learned State counsel further refers to the Police Forces (Restriction of Rights) Act, 1966 (Act of 1966) and submits that as per the said provision, more particularly Section 3(a) of the said Act, no member of a police force shall have the right to form an association or associated with association or trade union etc. without the expressed sanction of the Central Government or of the prescribed authority. Therefore, the action of the petitioners are also in violation of the said Act of 1966 and as such, the respondent authorities are fully justified in passing the impugned orders and the show cause notice against the petitioners. 10. I have heard the submissions made by the learned counsels for the rival parties and I have perused the materials available on record. 11. From the above narration, the issue to be considered is whether the petitioners are within their right to form an association and get the association registered under the Societies Registration Act and whether, the respondents are justified in contemplating a departmental proceeding against the petitioners through the impugned order, communication and show cause notice, all dated 05.11.2013. 12. According to the respondents, the Reserve Force is an organisation under the Directorate of Civil Defence and Commandant General of Home Guards, Assam. There are 2 (two) wings viz; the Civil Defence Establishment and the Home Guards Establishment. Civil Defence Establishment is governed by Civil Defence Act and Assam Non-Gazette Civil Defence Services Rules. In case of the Home Guards Wing, there are two set of services i.e., voluntary and permanent services. The voluntary service is administered by the Assam Home Guards Act, 1947 and the Rules framed thereunder. Under the permanent nature of service, there are four numbers of armed batallion in the name and style of Assam Special Reserve Force (ASRF) Battalion I & II and the Assam Industrial Security Force (AISF) I & II, which is governed by the Assam Non-Gazette, Home Guards Services Rules, 1991. Under the permanent nature of service, there are four numbers of armed batallion in the name and style of Assam Special Reserve Force (ASRF) Battalion I & II and the Assam Industrial Security Force (AISF) I & II, which is governed by the Assam Non-Gazette, Home Guards Services Rules, 1991. The members of the four Home Guards Arms Battalion are deployed under the police for law and order duty and other public and private sector undertaking for security of man and materials. The respondents contend that the members of the Society come under the provisions of the Assam Home Guards Non-Gazette Services Rules, 1991 as amended in 1997 and the Assam Services (Discipline & Appeal) Rules, 1964 but not under the Civil Defence Act. While such is the contention of the respondents, the learned State counsel is not able to show any particular provision which restricts members of the organisation to obtain permission to form an association. The Act of 1966 at Section 3 no doubt provides for restriction in respect of forming association, freedom of speech etc. but there is no certainty on the applicability of the Act to the Reserve Force which is under the Home Guards and Civil Defence. Section 1(3) (b) of the Act of 1966 provides that the Act shall come into force on the date appointed in this behalf by a notification of the State Government and published in the Official Gazette. On a pointed query to the learned State counsel as to whether any date for application of the Act has been notified in the State Gazette, the learned State counsel is unable to give a reply. 13. It may further be noticed from the affidavit-in-opposition filed by the respondent Nos. 1, 2 & 3 on 03.02.2014, it is not even their stand that the restriction to form an association is provided by the Act of 1966. The petitioners on the other hand have specifically maintained that there is no such provision barring the members of the establishment concerned from forming a lawful and legitimate association. The response of the respondent Nos.1, 2 and 3 at paragraph Nos. 17 and 18 of their counter affidavit is abstracted below:- "17. The petitioners on the other hand have specifically maintained that there is no such provision barring the members of the establishment concerned from forming a lawful and legitimate association. The response of the respondent Nos.1, 2 and 3 at paragraph Nos. 17 and 18 of their counter affidavit is abstracted below:- "17. That with regard to the statements made in paragraph 15 of the writ petition, the deponent begs to state that if there is no restriction in forming an Association by the public servant the petitioner could have obtained permission from the competent authority rather than forming an Association clandestinely. 18. That with regard to the statements made in paragraph 16 of the writ petition, the deponent begs to state that the authority asked the petitioners simply that if they have obtained prior permission to form an Association. It does not mean that authority trying to impose restrictions on them. But they failed to comply the requisite materials related to procedure for formation of a society/association rather they put the names of some members in the working committee without consent as stated in para No. 2 which amounts to criminal misconduct." 14. From the above abstract, it may be seen that the respondents concerned basically have accepted that permission to form an association is not required. The further contention that the petitioners failed to comply the requisite materials for forming the society also appears to be misplaced in as much as it is the Registrar of Societies Assam, Guwahati who as the registering authority has to satisfy itself whether the association fulfils the criteria to be registered as a society and not the respondents. 15. Thus, from the materials available on record and on an overall view of the matter, there appears to be no specific provision requiring the members of the Reserve Force to obtain formal permission to form an association. Having come to such finding, the impugned Order dated 05.11.2013 (Annexure-6), Communication dated 05.11.2013 (Annexure-7) and the Show Cause Notice dated 05.11.2013 (Annexure-8) cannot be sustained and accordingly, they are set aside. 16. However, while coming to the above finding, it is clarified that the acceptability and recognition of the Society as a government recognized service association has not been determined. It will therefore be up to the respondents to recognize the Society as per the norms and guidelines formulated in this regard if any. 17. 16. However, while coming to the above finding, it is clarified that the acceptability and recognition of the Society as a government recognized service association has not been determined. It will therefore be up to the respondents to recognize the Society as per the norms and guidelines formulated in this regard if any. 17. The writ petition accordingly stands disposed of. No cost.