CHANDUBHAI KANJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) C. K. THAKKAR, J. : 1. Rule. Mr. Bambhania waives service of Rule. The petitioners are members of the Home Guard Organisation and their service (Honorary service) is sought to be terminateden masseon the basis of the Government decision dt. 2nd December 1995 on the basis of which the Home Guards Headquarters had addressed a letter Annexure -A to all the District Commandants to relieve all with immediate effect and the Liason Officer of the Ahmedabad City, Sectors 1, 2 and 3 were directed to obtain resignations. The letter Annexure -A makes it clear that it was because of the direction of the Government in Home Department that this mass termination was started.

(2.) Rule 8 of the Bombay Home Guards Rules, 1953 provides that the term of the office of the Member of the Home Guards shall be three years.It also provides that the person appointed shall be eligible for re -appointment.

(3.) Section 6 B(1 -A) of the Bombay Home Guards Act, 1947 provides that the commandant shall have the authority to discharge any member of the Home Guards at any time subject to such conditions as may be prescribed if, in the opinion of the Commandant, the services of such members are no longer required.