Section 6B   [ View Judgements ]

Punishment of members of neglect of duty, etc


..-(1) The Commandant shall have the authority to suspend, reduce or dismiss or fine, to an amount not exceeding fifty rupees, any member of the Home Guards, under his control, if such member, without reasonable cause, on being called out under section 4 neglects or refuses to obey such order or to discharge his functions and duties as a member of Home Guards or to obey such any lawful order or direction given to him for the performance of his functions and duties or is guilty of any breach of discipline or misconduct. The Commandant shall also have the authority to dismiss any member of the Home Guards on the ground of conduct which has led to his conviction on a criminal charge. The Commandant General shall have the like authority in respect of any member of the Home Guards appointed to a post under his immediate control.



(1A) Notwithstanding any thing contained in this Act, 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 member are no longer required. The Commandant General shall have the like authority in respect of any member of the Home Guards appointed to a post under his immediate control.



(2) When the Commandant General or the Commandant passes an order for suspending, reducing, dismissing or fining any member of the Home Guards under sub-section (1), he shall record such order or cause the same to be recorded, together with the reasons therefore and a note of the inquiry made in writing and no such order shall be passed by the Commandant General or the Commandant unless the person concerned is given an opportunity to be heard in his defence.



(3) Any member of the Home Guards aggrieved by an order of the Commandant may appeal against such order to the Commandant General and any such member aggrieved by an order of the Commandant General may appeal against such order to the Chief Commissioner of Delhi, within thirty days of the date on which he was served with notice of such order. The Commandant General or the Chief Commissioner of Delhi as the case may be, may pass such order as he thinks fit.



(4) The Commandant General or the Chief Commissioner of Delhi may at any time call for and examine the record of any order passed by the Commandant or Commandant General, respectively, under sub-section (1) or (1A) for the purpose of satisfying himself as to the legality or propriety of such order passed by the Commandant or the Commandant General as the case may be, and may pass such order with reference there to as he thinks fit.



(5) Every order if no appeal is made there from as herein before provided and every order passed in appeal or revision under this section shall be final.



(6) Any fine imposed under this section may be recovered in the manner provided by the Code of Criminal Procedure, 1898 (V of 1898) for the recovery of fines imposed by a Court as if such fines ware imposed by a Court.



(7) Any punishment inflicted on a member of the Home Guards under this section shall be in addition to the penalty to which such member is liable under section 7 or any other law for the time being in force.



Explanations.-Where the Commandant General while exercising the powers of the Commandant passes any order under sub-section (1) or (1A) -



( i ) the appeal from such order shall lie to the Chief Commissioner of Delhi;



( ii ) for the purposes of sub-section (4), the power of revision in respect of such order shall vest in the Chief Commissioner of Delhi.



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