IMPORTANT POINT
The main legal point established in the judgment is that disciplinary actions against Home Guards must comply with the statutory requirements, and the fundamental rights of the individuals must be upheld.

ORDER :

Heard.

1. Since facts & issue involved in both the cases is similar, they are being considered and decided together by this common order.

2. The present petitions have been filed by the petitioners, who are Home Guards, being aggrieved by the dismissal orders dated 15/04/2011 Annexure P/7 (passed in respect of six petitioners in WPS No.94 of 2014) & Annexure P/8 (passed in respect of petitioner in WPS No.7089 of 2017).

3. According to the petitioners, who were working as Home Guards they were initially suspended by order dated 26/03/2011 & 27/02/2011, respectively, and show-cause notice was issued to them on 31/03/2011 Annexure P/5 & P/6, respectively. The reply was filed by the petitioners and the respondents not being satisfied with the reply terminated the services of the petitioners on 15/04/2011 without conducting any enquiry or referring the matter to the State.

4. The short question therefore falls for consideration is as to whether the services of the petitioners as Home Guard can be dispensed with by termination simplicitor.

5. Learned counsel for the petitioners would submit that the petitioners' services were terminated for the reason that they have formed an association namely; Home Guard Sainik Avm Parivar Kalyan Sangh with an object to provide support to the widow of the deceased Home Guard, their Children and to make them self-dependent so that they can add value to the nation. He would further submit that it was not to inculcate indiscipline in the Home Guards but the higher officers having not been satisfied with the same, issued show-cause notice and the reply though was filed the services of petitioners were terminated simplicitor without any inquiry. He would further submit that the services of the Home Guard are governed by the C.G. Home Guards Act, 1947 (hereinafter referred to as 'the Act, 1947) and the rules framed thereunder namely; the Chhattisgarh (Central Provinces and Berar) Home Guards Rules, 1947 (hereinafter referred to as 'the Rules, 1947') and Rule 12 (6) of the Rules, 1947 purports that punishment other than reprimand, confinement to barracks or suspension cannot be imposed by the Senani or the Pradhan Senani unless it is referred to the provincial government. He placed his reliance in the case of Davinder Singh and others Vs. State of Punjab and others {(2010) 13 SCC 88} and would submit that in such situation the termination of the petitioners under the circumstances since it is the violative of the fundamental rights, they are required to be reinstated.

6. Per contra, learned counsel for the Respondents State would submit that the work of the Home Guard is for a specific purpose which needs discipline and if certain congregation of the like nature to form a society is made in the Home Guards it will destroy the discipline in force and it being the offence against the force, after giving show-cause notice and the reply having not been satisfactory, their services were terminated which is in duly compliance of the Act & Rules, 1947.

7. I have heard learned counsel for the parties and perused the documents.

8. The initial show-cause which is on record dated 31/03/2011 reads as under:-

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