2456 of 1998 followed the earlier decision of the Division bench and allowed the Appeal, setting aside the learned single judges order.
It was held that the act of the Bombay Home Guards Rules, 1953 in short the Rules did number empower the Government to direct termination of the services of any member of the Home Guard or all the members of the Home Guards as was sought to be done by the impugned decision of the Government on 2nd December, 1995.
Subsequently being of the view that the respondents activities were in violation of the guidelines companytained in Government Resolution No.
Akshay Amruttal Thakkar the respondent in Civil Appeal No.
The Letters Patent Appeal filed by him was allowed.
The orders of engagement of the respondents were passed in purported exercise of powers companyferred under Section 2 of the Bombay Home Guards Act, 1947 in short the Act .
HGD/1078/5355/F dated 3.9.1997 of the Home Department, the orders of disengagement were passed.
The respondents in the companynected Civil Appeals had filed writ applications which were allowed by a Division Bench of the Gujarat High Court.
10865 10874 of 1998.
2456 of 1998 filed a writ application challenging the order of disengagement which was dismissed by learned Single Judge.
These appeals are directed against judgments rendered by different Division Benches of the Gujarat High Court holding that the orders of disengagement of the respondents who were working as Home Guards and Home Guards Commandants were without legal sanction.
ARIJIT PASAYAT, J. Leave granted in SLP C Nos.
