IMPORTANT POINT
Service conditions of Punjab Home Guards are governed by 1963 Rules.

Headnote:(a) Punjab Home Guard Rules, 1963 – Rule 22(2) r/w Rule 31, Punjab Home Guards and Civil Defence (Field) Class III Service Rules, 1983 – Appointment of volunteers is not envisaged under the scope of the 1983 Rules – Volunteers could be appointed only under the Punjab Home Guard Rules, 1963. (Para 17)
        (b) Punjab Home Guard Rules, 1963 – Rule 22(2) r/w Rule 31, Punjab Home Guards and Civil Defence (Field) Class III Service Rules, 1983 – There is clear distinction between ‘volunteers’ and ‘members of service’ and 1983 Rules are not applicable to Volunteers – Therefore services of Home Guards are to be governed by 1963 Rules. (Para 19)
        (c) Interpretation of judgment – A judgment, as is well known is the authority for the proposition which it decides and not what can logically be deduced from. (Para 21)
        (2006) 1 SCC 368 – Relied upon
        (d) Service Law – Discharge – Discharge would connote for any other reason ejusdem generis except for discharge due to misconduct – No enquiry is contemplated for discharge. (Para 26 and 27)
        (1997) 10 SCC 79 – Relied upon
        (1958) SCR 828; (1966) 3 SCR 106 – Referred
        (e) Service Law – Discharge – Appellants discharged for acts of indiscipline – Not a discharge simpliciter, but termination – Rule 27 of the 1963 Rules attracted – Enquiry and affording opportunity mandatory – Even an order of discharged cannot be passed in in an arbitrary manner. (Para 28, 29 and 32)
        (2006) 2 SCC 309 – Distinguished
        (f) Punjab Home Guard Rules, 1963 – Rule 18 – Any member of the service may be discharged under the circumstances stated in the Rules – Instantly, the order of discharge not relating to any such circumstance – Order of discharge issued due to indiscipline – Not a discharge but termination casting stigma. (Paras 30 and 31)
       Facts of the case:
        This case relates to service conditions of Home Guards.
       Finding of the Court:
        The impugned judgment cannot be sustained.
       Result : Appeal allowed.

JUDGMENT

H.L. Dattu, J. —

Leave granted.

2) The appellants have come before this Court, being aggrieved by the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh dated 11.09.2006 in CWP No. 5142/2005 and CWP No. 5144/2005. Both the appeals involve identical questions of law and facts. Consequently, both of them are clubbed and disposed of by this common Judgment.

3) The appellants in the instant case are ‘volunteers’ of the Punjab Home Guards. They were recruited and appointed sometime in the year 1989 under the Punjab Home Guards Act, 1947 and the Rules framed thereunder. They were paid consolidated wages of Rs.2700/- per month, from the date of their appointment till their services were dispensed with. In the order of termination, it is alleged that the appellants were involved in an act of indiscipline at the Amritsar railway station on 02.10.2004. The order of termination was challenged before the High Court in the above mentioned civil writ petitions. The view of the High Court is that ‘volunteers’ are persons engaged in Honorary capacity. They have no civil rights and, therefore, the termination of their services on account of the allegations leveled against them cannot be considered to be in violation of law. The High Court has also placed reliance on the observations made by this Court in the case of State of Gujarat Vs. Akshay Amrutlal Thakkar,1 (2006) 2 SCC 309.

4) The learned counsel Sri Sanjay Sharawat appearing for the appellants, apart from others, submitted, that, the appellants, being temporary employees working from last 15 to 17 years, were entitled to Protection Guaranteed under Article 311(2) of the Constitution of India before being terminated. Reference is made to the decision of this Court in the case of Parshotam Lal Dhingra Vs. Union of India,2 (1958) SCR 828; and Divisional Personnel Officer, Southern Railway, Mysore Vs. S. Raghavendrachar,3 (1966) 3 SCR 106; since the appellants are governed by the provisions of Punjab Home Guards Act, 1947 and Punjab Home Guards and Civil Defence (Field) Class III Rules, 1983, their services could not have been terminated without issuing Show Cause Notice and without holding departmental enquiry. Alternatively, it is contended that the order of termination passed by the respondents is not only stigmatic but the same has been passed as a consequence of an alleged misconduct committed by the appellants at the Railway Station, Amritsar on 02.12.2004. Therefore, it is submitted that before any action could have been taken against the appellants, they ought to have been afforded a reasonable opportunity of hearing in consonance with the principles of natural justice. It is, therefore, contended that the action of the respondents is arbitrary and in violation of Principles of Natural Justice.

5) It is the contention of the learned senior counsel Dr. Rajeev Dhawan that the appellants are ‘volunteers’, though their appointment is under the Act and the Rules and, therefore, in view of the specific provisions under the Rules, their services could be discharged at any time without issuing a Show Cause Notice and without holding any enquiry, much less a departmental enquiry. Alternatively, it is contended that the appellants have no civil rights as they are engaged only as volunteers. Since, the appellants have no civil rights, their services could be terminated for the reasons stated in the order of termination. The learned senior counsel invites our attention to the extract of Para 14.4 of Compendium of Instructions on Home Guards issued by Ministry of Home Affairs, which authorizes the Commandant General or the Commandant to discharge any Home Guard at any time, if in his opinion, the services of such Home Guard are no longer required. It is also submitted that the appellants are not temporary employees, but only volunteers in the Organisation and they are governed by Punjab Homes Guards Rules, 1963 and not the Punjab Home Guards and Civil Defenc

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2010 Supreme(SC) 850

IMPORTANT POINT Service conditions of Punjab Home Guards are governed by 1963 Rules.

Cases Referred (5)

IMPORTANT POINT
Service conditions of Punjab Home Guards are governed by 1963 Rules.