'Disciplined Force Member Must Have A Clear Image': Calcutta HC Upholds Order Disallowing Murder Accused From Rejoining Home Guard Service

The Calcutta High Court on Tuesday upheld an order disallowing an accused from rejoining his post as a ‘Home Guard’ by underscoring that a volunteer of a disciplined force is required to have a clean antecedent with regard to his character.

In this case, the appellant was not allowed to join his service as a Home Guard on the ground that he was in judicial custody for 84 days after being implicated in a criminal case for the offence of murder under Section 302 of the IPC arising out of a family dispute. He had been deployed as a Home Guard prior to the initiation of the criminal proceedings. 

Highlighting that a member of a disciplined force must have ‘a clear image’, a Division Bench of Justice Subrata Talukdar and Justice Supratim Bhattacharya observed,

“..this Bench is also of the same view that a volunteer of a disciplined force is required to have a clean antecedent as regards to his character which the appellant has forgone. It is expected that a member of a disciplined force is to have a clear image which the appellant/ petitioner has tarnished by his previous act.”

The Division Bench also took into consideration that criminal charges for the offence of murder under Section 302 IPC have been levelled against the appellant which constitutes a grave offence. The Bench also referred to the provisions of the Home Guard Act, 1962 to arrive at this ruling.

“The criminal charges which has been alleged against the appellant/ petitioner includes Section 302 of the Indian Penal Code which itself is a grave offence and as the said criminal case is still pending adjudication, so the representation of the appellant / petitioner as regards rejoining his service is not at all acceptable”, the Court added.

Earlier, a Single Judge bench of the High Court had directed the appellant to file a written representation before the Deputy Commissioner of Police praying to consider his plea to join his service.

However, the written representation was subsequently negated due to which the writ petition was dismissed by the Single Judge. The appeal was thereafter preferred against this impugned order.

Case Title: Julficar Sardar v. The State of West Bengal & Ors.

Case Citation: 2023 LiveLaw (Cal) 25

Click Here To Read/Download Order