STATE OF GUJARAT Vs. AKSHAY AMRUTLAL THAKKAR

JUDGEMENT

(1.) Leave granted in SLP(C) Nos.10865-10874 of 1998.

(2.) These appeals are directed against judgments rendered by different Division Benches of the Gujarat High Court holding that the orders of disengagement of the respondents who were working as Home Guards and Home Guards Commandants were without legal sanction. The orders of engagement of the respondents were passed in purported exercise of powers conferred under Section 2 of the Bombay Home Guards Act, 1947 (in short the Act). Subsequently being of the view that the respondents activities were in violation of the guidelines contained in Government Resolution No. HGD/1078/5355/F dated 3-9-1979 of the Home Department, the orders of disengagement were passed. Akshay Amrutlal Thakkar-the respondent in Civil Appeal No.2456 of 1998 filed a writ application challenging the order of disengagement which was dismissed by learned Single Judge. The Letters Patent Appeal filed by him was allowed. The respondents in the connected Civil Appeals had filed writ applications which were allowed by a Division Bench of the Gujarat High Court. It was held that the act of the Bombay Home Guards Rules, 1953 (in short the Rules) did not empower the Government to direct termination of the services of any member of the Home Guard or all the members of the Home Guards as was sought to be done by the impugned decision of the Government on 2nd December, 1995. Reliance was placed on a decision of this Court in Anirudhsinhji Karansinhji Jadeja and Anr. vs. State of Gujarat (1995) 5 SCC 302) for accepting the present respondents stand.

(3.) The Division Bench by the impugned judgment in Civil Appeal No. 2456 of 1998 followed the earlier decision of the Division Bench and allowed the Appeal, setting aside the learned single judges order.