Section 12 in Himachal Pradesh Home Guards Act, 1968
12. Punishment of members for neglect of duty etc.
(1)The Commandant General or the Commandant shall have the authority to suspend, reduce in rank, or dismiss or fine to an amount not exceeding fifty rupees, any member of the Home Guards under his control, if such member, on being called out under section 8, without reasonable cause, neglects or refuses to obey such order or to discharge his functions and duties as a member of the Home Guards or to obey any other lawful order or direction given to him for the performance of his functions and duties, is guilty of any breach of discipline or misconduct. The Commandant General or 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.(2)When the Commandant General or the Commandant passes an order for suspending, reducing in rank, 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 therefor and a note of the inquiry made, in writing and such order shall not 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 Government, within thirty days of the date on which he was served with notice of such order. The Commandant General, or the Government, as the case may be, may pass such order as he or it thinks fit.(4)The Commandant General, or the Government, may, at any time, call for and examine the record of any order passed by the Commandant or the Commandant General, respectively under sub-section (1) for the purpose of satisfying himself or itself 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 thereto as he or it thinks fit.(5)Every order if no appeal is made therefrom as hereinbefore 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 (5 of 1898) [for the recovery of fines imposed by a court as if such fine were imposed by a court.] [Now see Code of Criminal Procedure, 1 973 (2 of 1974)](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 13 or any other law for the time being in force.Explanation. - When the Commandant General, while exercising the powers of the Commandant, passes any order under sub-section (1) or section 6, -(a)the appeal from such order shall lie to the Government ;(b)for the purposes of sub-section (4), the power of revision in respect of such order shall vest in the Government.
