The Karnataka High Court has refused to interfere with an order suspending a Home Guard without prior notice following registration of a FIR against her. A Single judge bench of Justice S G Pandit said,
"Rule 14-B of the Karnataka Home Guards Rules, 1963 empowers the Commandant General or Commandant to keep a Home Guard under suspension. No notice would be necessary for keeping a Home Guard under suspension, since suspension would be pending or contemplated enquiry."
The Petitioner had approached the High Court against the order of Director General of Police and Commandant General Home Guards suspending the petitioner on the ground that a criminal case is registered against her under Sections 498A, 323, 504, 506 and 343 read with Section 34 of IPC.
Though the petitioner was granted bail, in the meanwhile, an order for her suspension came to be issued.
The Petitioner had enrolled in the service in 2019. She contended that no notice was issued to her before keeping her under suspension. Further, only on registration of crime, the respondents could not have kept the petitioner under suspension.
The bench noted that Home Guards belong to a Disciplined Force. Further, it said that suspension is not a punishment. It therefore disposed of the matter with a direction to the respondent to consider the representation given by the petitioner.
Case Title: KEMPAMANI D E v. THE STATE OF KARNATAKA & Others
Case No: WRIT PETITION NO.17691/2022
Citation: 2022 LiveLaw (Kar) 480
Date of Order: 8TH DAY OF NOVEMBER, 2022
Appearance: PAWAN KUMAR, ADVOCATE. FOR DEVENDRAPPA, ADVOCATE for petitioner; M.V.RAMESH JOIS, AGA for respondent.