Punishment for neglect of duty etc.

(1) The Commandant or the Commandant General shall have authority to suspend, to reduce or to dismiss or to fine not exceeding Rs. 50, any Home Guard under his control, if such Home Guard, on being called out under section 6, without reasonable cause neglects or refuses to obey such order or refuses to discharge his functions and duties as a Home Guard or refuses to obey any other lawful order or direction given to him for the performance of his functions and duties or is found guilty of any misconduct or breach of discipline. (2) The Commandant General shall also have authority to dismiss any Home Guards on the ground of conduct which has led to his conviction on a criminal charge. (3) When the Commandant or the Commandant General passes after enquiry an order suspending, reducing, dismissing or fining any Home Guard under sub section (1), he shall record such order or cause the same to be recorded together with the reasons therefor and a note of the enquiry made in writing, and no such order shall be passed unless the person concerned has been given an opportunity to be heard in his defence. (4) Any Home Guard aggrieved by such order of the Commandant may appeal against that order to the Commandant-General and any Home Guard aggrieved by such order of the Commandant General may appeal against that order to the Government within thirty days of the date on which he was served with notice of the concerned order, and thereupon the Commandant-General or the Government, as the case may be, may pass such orders as he or it thinks fit. (5) The Commandant General or the Government may at any time, call for and examine the record of any order passed by the Commandant or Commandant-General, as the case may be, under sub-section (1) for the purpose of satisfying himself or itself as to the legality or propriety of such order and may pass such order in revision with reference thereto as he or it thinks fit. (6) Notwithstanding anything contained in any other law- (a) any order passed in revision under sub-section (5); (b) subject to such order in revision, any order passed in appeal under sub-section (4); and (c) subject to the orders in revision and appeal aforesaid, any order passed by the Commandant or Commandant-General under sub-section (1), shall be final. (7) Any fine imposed under this section may be recovered in the manner provided by the Code of Criminal Procedure, 1898, for the recovery of fines imposed by a court as if such fine were imposed by a court. (8) Any punishment inflicted on a Home Guard under this section shall be in addition to the penalty to which he is liable under section 11 or any other law for the time being in force.