section 9
Punishment of members for neglect of duty, etc.
The Karnataka Home Guards Act, 1962Defence196218 sections
Statutory text
- (1) The Commandant shall have the powers to suspend, reduce or dismiss, or to impose fine not exceeding a sum of fifty rupees on any member of the Home Guards under his control, if such member neglects or refuses to discharge his functions and duties as a member of the Home Guards or to obey any lawful order or direction given to him for the due performance of his functions and duties or is guilty of any breach of discipline or misconduct.
- (2) The Commandant General may in respect of any member of the Home Guards appointed to a post under his control impose any penalty specified in subsection (1), and may also dismiss any member of the Home Guards on the ground of conduct which has led to his conviction on a criminal charge.
- (3) Notwithstanding anything contained in this Act, the Commandant General or the Commandant may 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 General or the Commandant, as the case may be, the services of such member are no longer required.
- (4) When the Commandant General or the Commandant passes an order suspending, reducing, dismissing or fining any member of the Home Guards under sub-section (1) or sub-section (2) he shall record such order together with the reasons therefor, and no such order shall be passed by the Commandant General or the Commandant unless the person concerned is given a reasonable opportunity to be heard.
- (5) (a) Any member of the Home Guards aggrieved by an order of the Commandant may appeal against such order to the Commandant General, and any member of the Home Guards aggrieved by an order of the Commandant General may appeal against such order to the State Government.
- (b) An appeal under clause (a) shall be filed within thirty days from the date on which the order is communicated to the member of the Home Guards.
- (6) The Commandant General or the State Government, may either suo motu or on application call for and examine the record of any order passed by any officer subordinate to him or it under this Act for the purpose of satisfying himself or itself as to the legality or propriety of such order and may pass such order with reference thereto as he or it may think fit.
- (7) Any penalty on a member of the Home Guards under this section shall be in addition to any punishment to which such member is liable under section 10 or any other law for the time being in force.
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