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IN THE COURT OF MANIPUR AT IMPHAL
JUDGMENT & ORDER :
A.GUNESHWAR SHARMA, J.
[1] Heard Mr. Kh. Tarunkumar, learned senior counsel assisted by Ms. Kh. Maria, learned counsel for the petitioner and Mr. Shyam Sharma, learned G.A. for the State respondents.
[2] WP(C) Nos. 478 of 2022, 479 of 2022 and 480 of 2022 are filed by the petitioners for quashing/setting aside the impugned orders dated 30.06.2022 issued by the Commandant Home Guards (VA), Manipur Lamphelpat, Imphal and letter dated 29.06.2022 issued by the Addl. Director General of Police (HG), Manipur and directing the respondents to reinstate the petitioners to their post/rank of Divisional Commander (unpaid) within a stipulated period with all the consequential benefits including back wages. However, WP(C) No. 539 of 2023 is filed by the petitioner who is also petitioner in WP(C) No. 478 of 2022 for directing the respondents particularly respondent No. 4 to allow the petitioner to discharge his duty as Divisional Commander of Battalion-I (HQ) of the Manipur Home Guards within a stipulated time.
[3] The petitioners were initially appointed as member of the Manipur Home Guards by giving their Home Guard Nos. 81268, 92185 and 932005 vide orders dated 13.05.1982, 28.1
A.P.Police Manual or Police Standing Orders are not binding on the Home Guards since Home Guards are governed by A.P. Home Guards Act, 1948 and rules framed thereunder in view of the adoption of the ....
As per Scheme of Rajasthan Home Guards Act, 1963, it was imperative upon respondents to make a note of enquiry in writing, after giving proper opportunity of hearing.
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 up....
Home Guards are civil servants entitled to due process under Article 311(2) of the Constitution, necessitating a fair inquiry before removal.
The court upheld the discharge of Home Guards as valid due to the expiration of their Command Certificates, affirming that temporary employees can be replaced under specific statutory provisions.
An acquittal in criminal proceedings may necessitate re-engagement in public service if charges are identical, reinforcing the need for proper judicial consideration of circumstances in disciplinary ....
The decision to dismiss an individual from service without a departmental inquiry must be based on reasonable grounds, especially when national security implications are involved.
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