K.MADHU BABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Shorn of the facts, the issue broadly involved in the present batch of cases is removal of Home Guards on different grounds. Their grievance is that they were discontinued / removed / terminated from the roles of Home Guards Organization, without conducting any enquiry in gross violation of principles of natural justice, that the orders of removal are without jurisdiction and contrary to the Andhra Pradesh Home Guards Act, 1948 etc., and as such they are entitled for reinstatement / continuation of their duties as Home Guards.

(2.) For the sake of convenience, some of the details of the petitioners / Home Guards, dates of removal from the roles and reasons are tabulated below:

(3.) So far as the appeals referred to above filed by the State, a learned Single Judge, after considering the matter in detail vide Orders dtd. 1/4/2021 in W.P.No.16218 of 2019 & batch, directed the reinstatement of the writ petitioners therein as Home Guards, inter alia, observing that "sub-rule (4) of Rule 7 of the Madras Home Guards Rules confers the power on the Commandant, for good and sufficient reasons, to impose on any Home Guard the penalties, namely, reprimand, suspension, reduction of rank, removal and dismissal. But, in all such cases, a reasonable opportunity shall be given to the delinquent Home Guard to show cause against the penalty proposed to be imposed on him. If Sec. 4 of the Andhra Pradesh Home Guards Act read with Rule 7 (4) of the Madras Home Guards Rules is taken into consideration, it can safely be concluded that the Commandant is competent to take appropriate action against the Home Guards for their misconduct in discharging their duties as Home Guards and the Superintendent of Police has no jurisdiction to suspend / dismiss or remove any Home Guard from the office" and set aside the dismissal / removal orders of Home Guard/s for non-compliance of the mandatory procedure of issuance of show-cause notice.