10. Punishment of members for neglect of duty, etc—
(1)The Commandant may 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 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 performance of his functions and duties or is guilty of any breach of discipline or misconduct. The Commandant-General shall have the like authority in respect of any member of the Home Guards appointed to a post under his control 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.(2)Notwithstanding anything 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 service 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 control.(3)When the Commandant-General or the Commandant passes an order suspending reducing dismissing, or fining any member of the Home Guards under this section, 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.(4)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 in which he was served with notice of such order. The Command ant-General or the Government, as the case may be, may pass such order as he or they think fit.(5)The Commandant-General or the Government may at any time either suo motu or on application, call for and examine the record of any order passed by the Commandant or Commandant-General, respectively, under the section, for the purpose of satisfying himself or themselves 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 they think fit.(6)Every order, if no appeal is made therefrom as herein before provided, and every order passed in appeal or revision under this section, 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 fines were imposed by a Court.(8)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 11 or any other law for the time being in force.
