Supreme Court of India · 2006-01-17
STATE OF GUJARAT vs AKSHAY AMRUTLAL THAKKAR
- Citation / case number
- SC 1997/21021
- Court
- Supreme Court of India
- Petitioner
- STATE OF GUJARAT
- Respondent
- AKSHAY AMRUTLAL THAKKAR
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT & TARUN CHATTERJEE
Judgment text excerpt
The Supreme Court upheld the Gujarat High Court's ruling that the disengagement orders of Home Guards and Commandants were without legal sanction under the Bombay Home Guards Act, 1947. The Court emphasized that the Act and the Bombay Home Guards Rules, 1953 do not empower the government to terminate services arbitrarily, referencing Sections 2 and 6B(1-A) of the Act. The Court affirmed the High Court's decision to set aside the disengagement orders, reinforcing the legal protections afforded to Home Guards.