Punishment for neglect of duty etc.

(1) The Commandant shall have the power to suspend, reduce or dismiss or to impose fine not exceeding a sum of rupees two hundred and fifty 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 Manipur Home Guards or disobeys any lawful order or direction given to him for the due performance of his functions and duties or is guilty of any breach of the discipline or misconduct. (2) The Commandant General may in respect of any member of Home Guards appointed to a post immediately under his control impose any penalty specified in sub-section (1) and may also dismiss any member of the Manipur 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 maybe prescribed, if in the opinion of the Commandant General or the Commandant, as the case may be; services of such member are no longer required. (4) When the Commandant General or the Commandant passes an order suspending, reducing, dismissing or imposing fine on any member of the Manipur Home Guards, under sub-section (1) or subsection (2) he shall do so only after due enquiry and shall record such order together with the reasons therefore and no order shall be passed by the Commandant General or the Commandant unless person concerned is given a reasonable opportunity to be heard in his defence. (5) Any member of the Manipur Home Guards aggrieved by an order of the Commandant may appeal against such order to the Commandant General and, if aggrieved by an Order of the Commandant General, may appeal against such order to the State Government. The appeal shall be filed within forty-five days from the date on which the order is received by such aggrieved person. (6) The Commandant General or the State Government may either suo motu or on application call for and examine the records 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 thinks fit. (7) Notwithstanding anything contained in any other law,— (a) any order passed in revision under sub-section (6); (b) subject to such order in revision any order passed in appeal under sub-section (5); (c) subject to the orders in revision and appeal aforesaid, any order passed by the Commandant General or the Commandant under sub-section (1) and (2); shall be final. (8) Any fine imposed under this section may be recovered in the manned provided by the Code of Criminal Procedure, 1973 for the recovery of fine imposed by a Court as if such fines were imposed by a Court.