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january 2006

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.

STATE OF GUJARAT vs AKSHAY AMRUTLAL THAKKAR · Niyam