(1) A Commandant General who is a member of the Indian Police Service, shall be governed by the provisions of the All India Services (Discipline and Appeal Rules, 1957) for purpose of any disciplinary proceedings against him.
(2) No order imposing on a Commandant, other that a member of a Indian Police Services, any Penalty specified in Section II shall be passed except after an inquiry held, as far as may be, in the manner hereinafter provided.
(3) The State Government or any authority empowered by it in this behalf (hereinafter in this rule referred to as specially empowered authority) shall frame definite charges on the basis of the allegations on which the inquiry is proposed to be held. such charges together with a statement of the allegations on which they based, shall be communicated in writing to the Commandant and he shall be required to submit, within such time as may be specified by the State government or the specially empowered authority. A written statement of his defence and also to state whether he desires to be heard in person.
(4) The Commandant shall, for the purpose of preparing his defence be permitted to inspect and take extracts from such official records as he may specify, provided that such permission may be refused if, for reasons to be recorded in writing in the opinion of the State Government or specially empowered authority such record are not relevant for the purpose or it is against the public interest to allow him access thereto.
(5) On receipt of the written statement of defence, or if no such statement is received within the time specified, the State Government of specially empowered authority may inquire into such of the charges as are not admitted.
(6) The State Government or specially empowered authority, as the case may be, may nominate any officer to present the case in support of the charges before the authority inquiring into the charges (hereinafter referred to as the inquiring Authority). The Commandant may present his case with the assistance of any person approved by the State Government or specially empowered authority, but may not engage a legal practitioner for the purpose.
(7) The inquiring Authority shall, in the course of the inquiry consider such documentary evidence and take such oral evidence as may be relevant or material in regard to the charges. The Commandant shall be entitled to cross examine witness examined in support of the charges and to give guidance in person and to examine witness in his behalf. The officer presenting the case in support of the charges shall be entitled to cross examine the Commandant and the witness examined on his defence. If the inquiring Authority declines to examine any witness on the ground that his evidence is not relevant or material it shall record its reasons in writing.
(8) At the conclusion oc the inquiry the inquiring Authority shall prepare a report of the inquiry and record its findings on each of the charges together with the reasons therefore. If, in the opinion of such authority, the proceedings of the inquiry establish charges different from those originally framed, it may record findings on such charges provided that findings on such charges shall not be recorded unless the commandant has admitted the facts constituting them or has had an opportunity of defending himself against them.
(9) The record of the inquiry shall include:
(i) The Charges framed against the Commandant and the statement of allegations furnished to him under sub-rule (3)
(ii) His written statement defence, if any,
(iii) The oral evidence taken in the course of the inquiry.
(iv) The documentary evidence considered in the course of the inquiry.
(v) The orders, if any, made by the State Government, specially empowered authority and the Inquiring Authority in regard to the inquiry; and
(vi) A report setting out the findings on each charge and the reasons therefore.
(10) The State Government or specially empowered authority shall, if it is not the Inquiring Authority consider the record of the inquiry and record its findings on each charge, either agreeing or not agreeing with the findings of the Inquiring Authority and in the case of disagreement recording its reasons therefore.
(11) If the State Government, having regard to the charges is of the opinion that any of the penalties specified in Section 11 should be imposed. It shall.
a) Furnish to the Commandant a copy of the report of the Inquiring Authority and where the State Government or the specially empowered authority is not the Inquiring Authority a statement of its finding together with brief reasons for dis-agreement, if any with the findings of the Inquiring Authority and b) Give him a notice stating the action proposed to be taken against him and calling upon him to submit within a specified time and representation as he may wish to make against the proposed action. Provided that such representation shall be based only on the evidence produced during the enquiry.
(12) The State Government shall consider the representation, if any, made by the Commandant as aforesaid and determine what penalty, if any should be imposed on the commandant and pass appropriate orders on the case.
(13) Orders passed by the Statement Government shall be communicated to the Commandant who shall also be supplied with a copy of the report of the Inquiring Authority and where the State Government or the specially empowered authority is not the Inquiring Authority, a statement of its findings together with brief reasons for disagreement if any, with the findings of the Inquiring Authority, Unless they have already been supplied to him
Explanation: In this rule expression “Commandant” shall include the “Commandant General” (14 ) (1) Suspension of any member of Home Guards pending enquiry or criminal prosecution 1) The Commandant General or the Commandant may place a member of Home Guards under suspension.
(a) Where a disciplinary proceeding against him is contemplated or is pending.
(b) Where a case against him in respect or any criminal offence is under investigation or trail; provided that where an order of suspension is made by the Commandant he shall, forthwith report to the Commandant General the circumstance in which the order was made.
2) A member of the Home Guards who is detained in custody whether on a criminal charges or otherwise for a period exceeding 48 hours shall be deemed to have been suspended with effect from the date of detention and shall remain under suspension until further orders.
3) An order of suspension made or deemed to have been made under this rule may, at any time, revoked by an authority which made or is deemed to have made the order.
15) Uniforms, accoutrements, etc., 1) A member of the Home Guards shall, while on duty, wear the uniform supplied to him.
He may also carry a rifle or a revolver or any other weapon, authorised by State Government from time to time.
2) The uniform to be worn by a member of the Home Guards shall be as specified in Schedules I and II provided that the Police Officers and Army Officers on deputation may continue to wear the uniform prescribed for their respective ranks in their respective department.
3) The badges of rank, Unit and Car Flags, efficiency badge and allied insignia for the Home Guards shall be as specified in Schedules III and IV.
4) (i) After the completion of an initial training for a period of three months, every member of the Home Guards shall be issued the prescribed uniform, provided that no such training is required in the case of ex-service or ex-police of NCC trained personnel.
(ii) Persons requiring uniform of abnormal sizes will be issued necessary cloth to enable them to get the uniform stitched to their size at the cost of Government.
5) Any member who fails to return any of the articles specified in Section 08 shall be liable to pay the cost of the articles not returned as fixed by the Commandant General at his discretion.
6) (i) Subject to the approval of the Commandant General, the Commandant shall for each area appoint a board called the "Condemnation Board" consisting of three Senior Officers of the District Headquarters Unit.
(ii) All clothing certified as unserviceable by the Condemnation Board shall be with drawn from members and sold by public auction held under the supervision of the Commandant and the amount so realised shall be credited to the Government.
(iii) All metallic articles certified by the Condemnation Board as condemned shall be collected at the District Headquarters, reduced to scrap and sold in public auction. Provided that no such articles which have not lasted for the full prescribed period and are more than Rs.100/- in value shall be sold without the previous sanction of the Commandant General.
(iv) Clothing of members of the Home Guards who die or who are removed on account of the disease specified in the Schedule V shall be treated as condemned and burnt by the Commandant who will record a certificate to that effect.