2014 LAB. I. C. (NOC) 382 (KAR.) (GULBARGA BENCH) ::2014 (2) AKR 418

Karnataka High Court

Hon'ble Judge(s): Mohan Shantanagoudar , J

(A) Karnataka Home Guards Act (35 of 1962) S. 3 (2-C) (as amended by Amendment) Act (19 of 2003) Karnataka Home Guards (Amendment) Rules (2003), R. 14— A Post of commandant of home guards — Expression ' office of commandant shall ordinarily be for a period of 5 years' ‌— Means if employee has lost pleasure of government, he cannot be continued up to 5 years — Plea that employee shall be retained al teast for 5 years from date of appointment — Is not tenable (Para 6)

(B) Karnataka Home Guards Act (35 of 1962) S. 3 (2-C) (as amended by Amendment) Act (19 of 2003) — Karnataka Home Guards (Amendment) Rules (2003), R 14 — A Termination from services — Order whether stigmatic — Post of commandant of home guards — Allegations against petitioner of gross derelictions of duties and lowering dignity of post — Order of termination is stigmatic — Order passed without conducting any enquiry as required under rules — Is improper — Moreso when petitioner is removed from post of Commandant for having been involved in misuse of official position and resources (Para 8,9)