JUDGMENT
V.K. Gupta, C.J.
1. In this petition filed by the Jharkhand Grih Raksha Vahini Swayam Sewak Sangh, through its Deputy Chairman, the petitioner, who claims to be an Association of the Home Guards, has prayed for various reliefs, inter alia, for issuance of a mandamus to allot the duties to the members of the Home Guards’ Association and provide them the uniforms, which have been fixed for the members of the Association, without any charges or payment of any amount, and for a direction upon the appropriate authority to enquire into the matter of allotment of duties in the past and for various other related affairs. It is alleged in the petition that rampant corruption is prevalent in the matter of allotment of duties. to the members of the Force; and that the grievances of the members of the Force are not being redressed.
2. It appears that in March, 1959, consequent upon certain decisions taken by the Central Government a purely voluntary organisation was set up and brought into existence for enrollment of Home Guards. In so far as the State of Bihar is concerned (in this petition the Bihar Home Guards Act, 1947 is applicable to the State of Jharkhand as well), the Preamble of Bihar Home Guards Act, 1947 clearly underlines the need for the setting up of a purely voluntary organisation to assist in the maintenance of peace and tranquility in the State and to increase the habit of self reliance and discipline among the members of the force in particular and public in general and to develop in them a sense of civic responsibilities. With this aim in view, under Section 3 of 1947, Act, an organisation by the name of Home Guards was created, which was to discharge, inter alia, such functions in relation to the protection of persons, security of properties, public safety in any area within the State etc. as were to be assigned to the members of the force in accordance with the provisions of 1947, Act. Under Section 8 of 1947 Act, it has clearly been laid down and provided that
a Home Guard is required to serve the State Government for a period of 12 months but such period may be extended by the State Govt., if it considers necessary. But in no case such an extension can go beyond a period of three years, which means that in all a Home Guard, being a member of the force, can serve for a maximum period of four years from the date of his enrollment as prescribed under Section 3 (supra).
3. In so far as the grievances specifically projected in this petition are concerned, we refrain from making any comment about the merits of such grievance or even the fact whether the petitioner is at all competent to raise such grievances because we are of the view that a reading of various provisions of 1947, Act creates some doubt in our mind as to whether the members of the Force under 1947, Act can constitute themselves into an Association. However, without commenting about the locus standi of the petitioner or the petitioner’s right to claim any representative character and without even going into the basic question of maintainability of this petition, since certain grievances have been brought to our notice and since this happens to be a Public Interest Litigation matter, we feel inclined to refer the subject matter of this petition for consideration by the Director General (Home Guards). Government of Jharkhand, with directions to him to examine the grievances and problems of the members of the Force, as are raised in and form the subject matter of this petition, and to consider the same in the light of the provisions of 1947, Act, statutory Rules and Regulations framed thereunder, executive or administrative instructions issued on the subject from time to time, as also the culture or ethos of the organisation, and thus to grant appropriate redressal to the members of the Force. Even while we are referring the subject matter of this petition for consideration of the Director General (Home Guards), we wish to observe that mere enrollment of a person as a Home Guard under 1947, Act does not guarantee him any right for being called up for duty because the scheme of 1947, Act clearly suggests that the deployment on duty of a Home Guard is not a matter of right, even though it is obligatory on the part of the members of the Force to report on duty whenever called upon to do so, as is clear from a reading of Sections 4, 5 and 10, and other related provisions of 1947, Act. We are further of the
view, based on our reading and appreciation of the provisions of 1947 Act, that the Home Guards’ Organisation having been raised as a voluntary organisation for the purpose as enacted in 1947, Act, it cannot be ever said that it was raised to provide job opportunity or livelihood to the members of the Force. In fact, under the Scheme of the 1947, Act, we fell that self employed or otherwise employed persons are supposed to join this organisation to render service voluntarily in the hour of need or at the call of the nation, or for the welfare of the society or the interest of the State. The nobel idea of raising an organisation like Home Guards is broad based and, therefore, it should be kept in mind that such an organisation is not created to provide job opportunity or employment avenues to its members.
4. Keeping in view the aforesaid broad parameters and the general policy framework, under which the organisation is created, we dispose of this petition by issuance of a writ of mandamus upon the Director General (Home Guards), Government of Jharkhand, and issues directions to him as hereinbelow contained :–
(i) He shall look into all the grievances of the members of the force as are projected in this petition or as may be raised before him supplemental hereto and take steps to provide redressal to the members of the Force in accordance with the scheme and the provisions of 1947, Act, Rules and Regulations made thereunder, if any, administrative or executive instructions, issued, if any, and also taking into account the culture and ethos of the Force and the organisations;
(ii) While deciding the aforesaid aspects, it shall be open to the Director General (Home Guards), to hear either the representatives or the individual members of the Force personally, if he feels that such hearing shall help him in granting redressal of the grievances;
(iii) While granting redressal, the Director General (Home Guards) shall also consider the question of evolving a proper and appropriate roster system with respect to the development of the members of the Force and assignment of duties to them in such manner as he feels appropriate, but keeping in the basic parameters of fairness and objectivity, uninfluenced by any vice or mischief of arbitrariness or discrimination;
(iv) He shall also consider the question of providing uniforms to the members of the Force;
(v) With regard to the allegations of bribery and corruption in the matter of deployment and engagement of the members of the Force on duty, the Director General (Home Guards) shall accord his particular consideration and ensure that all incident of bribery and corruption are properly looked into and the culprits, if any are found, are strictly dealt with in accordance with law.
5. Based on the aforesaid directions, the Director General (Home Guards), after comprehensively dealing with all the matters hereinabove mentioned, shall submit a detailed report containing his recommendations to the Chief Secretary. Government of Jharkhand within four months from today. It shall be open to the Government of Jharkhand, if it disagrees with any part of the aforesaid report or recommendations of the Director General (Home Guards) for reasons to be recorded in writing, to reformulate or re-evolve any point in consultation with the Director General (Home Guards) and after referring back to him and on receiving his reconsidered report and recommendations to issue appropriate directions and orders on the subject, otherwise the report submitted by the Director General (Home Guards) to the Chief Secretary. Government of Jharkhand, may be converted/transformed into a policy decision of the State Government, and the State Government, accordingly, may issue appropriate administrative/executive instructions having a binding force upon all the members of the organisation.
6. The petition is, accordingly, disposed of. No order as to costs.
7. Application disposed of accordingly.