The petitioner/association “The Manipur Home Guards Employees Welfare Association” having registration No.84/M/SR/1999 dated 15.5.1999 is an association formed by the members of the Manipur Home Guards for the welfare of the members of the Manipur Home Guards and also to safeguard the right and interest of the Manipur Home Guards against the abuse of power and authority by the incompetent persons/authorities in the matter of their services. [2] Heard Mr. Th. Ibohal, learned counsel for the petitioner/association and Mr.Jalal, learned GA for the respondents. [3] By this writ petition, the petitioner/association is assailing the directions of the Government of Manipur under letter of the Special Secretary, Home, Govt of Manipur being No.8/14(17)/97-H(Pt-1/A) dated Imphal, 23.3.2005 to the Director General of Police, Manipur. For easy reference, the said letter of the Special Secretary, Government of Manipur dated 23.3.2005 is quoted below in entirety: “No.8/14(17)/97-H(Pt-1/A) GOVERNMENT OF MANIPUR SECRETARIAT:HOME DEPARTMENT Imphal, the 23rd March, 2005 To The Director General of Police, Manipur. Sub: Malpractices/irregularities in the Home Guards. Sir, I am directed to convey the following decisions taken by the Government for immediate action and compliance: 1. Salaries of Home Guards should be disbursed only through SsP concerned for all Home Guards employed within their jurisdiction. The disbursement shall not be made without physical verification of actual deployment and duty performed. Attendance Registers will be fully verified and should carry the attestation of the office/location in-charge where the Home Guards personnel are deployed. The salaries of Home Guards will not be disbursed through Battalion Commanders as appears to be a practice now. 2. Transfer of Home Guard personnel within the Battalion will be done only with the approval of the Commandant, Home Guards and in consultation with the SP concerned. 3. Inter-Battalion or inter-District transfer of Home Guard personnel will be done only with the approval of the Commandant General of the Home Guards, i.e. the D.G.P. The power will not be delegated. 4. Fresh call out of Home Guards will be done only with the approval of the Government for which the Commandant General should submit an appropriate proposal after due verification conducted by the Commandant/SP concerned. 5. The Commandant General will initiate and personally supervise a physical verification of the entire strength of Home Guards, i.e. 2436 presently on the ralls. 4. Fresh call out of Home Guards will be done only with the approval of the Government for which the Commandant General should submit an appropriate proposal after due verification conducted by the Commandant/SP concerned. 5. The Commandant General will initiate and personally supervise a physical verification of the entire strength of Home Guards, i.e. 2436 presently on the ralls. It may be identified whether persons who have retired/expired have been substituted by fresh appointments or whether these vacancies still exists. In case, the latter is true, it may be enquired whether the salary drawn has varied from time to time or whether salary for the total authorized strength has been constant. In case any further Government approval is needed to operationalise the salary disbursement procedure now being prescribed, kindly submit an appropriate proposal immediately. An action taken report may kindly be sent within a fortnight. Yours faithfully, Sd. (M.Karnajit Singh) Special Secretary (Home) Govt of Manipur.” [4] The Manipur Legislative Assembly, in order to provide for constitution of a voluntary association known as the Manipur Home Guards for service in emergency and for certain other purposes so as to inculcate habits of self reliance and discipline among the people and to develop in them the sense of civic responsibility, enacted an Act called “The Manipur Home Guards Act, 1966”. Admittedly, the Manipur Home Guards Act, 1966 is still in force. Under Section 3 of the Home Guards Act, 1966, the Government of Manipur constituted a voluntary body called the Home Guards, members of which, shall discharge such functions and duties in relation to the protection of persons, the security and property, the public safety and management hereunder, services as may be assigned to them in accordance with the provision of the Act, i.e. Manipur Home Guards Act, 1966 and Rules made thereunder. Sub-Sections (2), (3) and (4) of Section 3 of the Manipur Home Guards Act, 1966 are relevant for the present case. Accordingly, for easy reference clauses (2), (3) and (4) of Section 3 of the Manipur Home Guards Act, 1966 are reproduced below: “3. Sub-Sections (2), (3) and (4) of Section 3 of the Manipur Home Guards Act, 1966 are relevant for the present case. Accordingly, for easy reference clauses (2), (3) and (4) of Section 3 of the Manipur Home Guards Act, 1966 are reproduced below: “3. Constitution of Home Guards and appointment of Commandant General and Commandant.- (1) The Government shall, by notification in the Official Gazette, constitute for the Union Territory of Manipur a volunteer body called the Home Guards the members of which shall discharge such functions and duties in relation to the protection of persons, the security of property, the public safety and the maintenance of essential services as may be assigned to them in accordance with the provisions of this Act and the rules made thereunder: Provided that the Government may, by notification in the Official Gazette, divide the Union Territory of Manipur into two or more areas and constitute such a volunteer body for each such area. (2) The administration of Home Guards constituted under sub-section (1) for any area shall, under the general superintendence, control and direction of the District Magistrate, be vested in the Commandant, who shall be appointed by the Government and in any such Additional, Deputy or Assistant Commandants as the Government may deem fit to appoint. (3) The general supervision and control of Home Guards throughout the Union Territory of Manipur shall vest in the Commandant General who shall be appointed by the Government and in any such Additional Commandants General, Divisional Commandants General or Assistant Commandants General as the Government may deem fit to appoint. (4) The Home Guards constituted for different areas in the Union Territory of Manipur shall, for the purpose of this Act, be a single force and the members thereof shall be formally enrolled and such force shall consist of such number of officers and men, and their qualifications and conditions of training and service shall be such, as may be prescribed.” [5] From bare perusal of the above quoted sub-sections of Section 3, it is clear that administration of Home Guards shall be, under the general superintendence, control and direction of the District Magistrate, vested in the Commandant, Home Guards for any area under the District Magistrate and also that the general supervision and control of the Home Guard through out the State of Manipur shall vest in the Commandant General Home Guards. Further the Home Guards constituted for different areas in the State of Manipur for the purposes of the Act, i.e. Manipur Home Guards Act, 1966, shall be a single force. [6] Under Section 6 of the Manipur Home Guards Act, 1966, the Commandant General, Home Guards, the District Magistrate or the Commandant, Home Guards may call out Home Guard for training or to discharge in such functions or duties within the area for which Home Guard had been set up. From the very clear wording of Section 6 of the Manipur Home Guards Act, 1966 it is crystal clear that only the Commandant General, Home Guards and District Magistrate or the Commandant within the area for which Home Guard had been set up can call out Home Guard for training or to discharge any such functions or duties within the area for which Home Guard has been constituted. Section 6 of the Manipur Home Guards Act, 1966 neither directly nor indirectly authorizes any Police Officer to call out Home Guard in aid of the Police. But, by taking undue advantage of the impugned letter dated 23.3.05, even officer of the rank of SP called out Home Guards in aid of police by writing letter to the Commandant Home Guards. A number of letters written by the different SP for calling out Home Guard in aid of the Police force to the Commandant Home Guards are available in the present writ petition. Under Section 8 of the Manipur Home Guards Act, 1966, the Home Guards may be called out in aid of police and when called out they shall be under the control of the officers of the Police in such manner, to such extent, as may be prescribed. But Section 8 of the Manipur Home Guards Act, 1966 does not authorize officer of the rank of Superintendents of Police to directly call out a member of the Home Guards in aid of the police force inasmuch as Section 6 of the Manipur Home Guards Act, 1966 directly deal with the authorities who can call out a Home Guard to discharge such functions or duties within the area for which Home Guard had been set up. [7] Section 12 of the Manipur Home Guards Act, 1966 speaks about the Rule making power of the State Government for the purposes mentioned therein. [7] Section 12 of the Manipur Home Guards Act, 1966 speaks about the Rule making power of the State Government for the purposes mentioned therein. Section 12 of the Manipur Home Guards Act, 1966 reads as follows: “Section: 12) Power to make rules- (1) The Government may make rules consistent with this Act: (a) regulating the powers exercisable by the Commandant General, the District Magistrate and the Commandant under section 6 and providing for the exercise, by any officer of the Home Guards, of the said power; (b) providing for the exercise of control by officers of the police force over members of the Home Guards when acting in aid of the police force; (c) regulating the organization, appointment, conditions of service, qualifications, functions, duties, discipline, arms, accutrements and clothing and uniform of the Home Guards and the manner in which they may be called out for service or be required to undergo any training; (d) regulating the exercise by members of the Home Guards of any of the powers exercisable under section 7; (e) generally for giving effect to the provisions of this Act. (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.” 8. From close perusal of Section 12 of the Manipur Home Guards Act, 1966, it is clear that State Government can make Rules for providing Rules for the exercise of control by the officers of the Police over members of the Home Guard when acting in aid of the police force. From close perusal of Section 12 of the Manipur Home Guards Act, 1966, it is clear that State Government can make Rules for providing Rules for the exercise of control by the officers of the Police over members of the Home Guard when acting in aid of the police force. Such being the situation, State Government, in contrary to Section 6 of the Manipur Home Guards Act, 1966, cannot make Rules authorizing police officers i.e. rank of SsP and others to call out Home Guard to discharge such functions or duties within the area for which Home Guard had been established. [8] The State of Manipur in exercise of the power under Section 12 of the Manipur Home Guards Act, 1966 makes Rules called the “Manipur Home Guards Rules, 1966” and admittedly this rule is still in force. Rule 11 of the Manipur Home Guards Rules, 1966 deals with the organization of the Manipur Home Guards, and it read as follows: “11. ORGANISATON:- (1) In addition to the Commandant General, the Home Guards should have the following regular staff for an area: (i) Commandant. (ii) Deputy Commandant. (iii) Adjudant, (iv) Quarter Master. (2)The following Commanders should be appointed from among the members:- (i) Divisional Commander:- One each for every 4 companies, (ii) Company Commander. (iii) Senor Platoon Commander or Company Second-in-Command. (iv) Platoon Commander. (v) Company Sergeant Major. (vi) Company Q.M. Sergeant. (vii) Platoon Sergeant. (viii) Section Leader.” [9] The power of the Commandant General, Home Guards and Commandant Home Guards are clearly mentioned in Rule 12 which reads as follows: 12. POWER OF THE COMMANDANT GENERAL AND COMMANDANT;- (1) The Commandant General shall exercise General Supervision and control over the working of all Commandant in the State of Manipur in co- ordinate the work of the Home Guards all over the State of Manipur. He shall be directly responsible to the Government for the efficient working, discipline, administration and training of the organization. (2) Subject to the supervision and control of the Commandant General, such Commandant shall exercise supervision and control over the working of the Home Guards under his command. He shall be responsible to the Commandant General for the efficient working, discipline, administration and training of Home Guards under his command. (2) Subject to the supervision and control of the Commandant General, such Commandant shall exercise supervision and control over the working of the Home Guards under his command. He shall be responsible to the Commandant General for the efficient working, discipline, administration and training of Home Guards under his command. (3) Subject to the supervision and control of the Commandant General and the Commandant, any officer of the Home Guards authorized by the Commandant in this behalf may exercise the powers conferred by Section (2) on the Commandant in such circumstances as the Commandant may specify. (4) The Commandant General or the Commandant may at any time discharge or remove any member of Home Guards. In such cases the Commandant General or the Commandant should record in writing the grounds of such discharge or removal land a copy of which is to be furnished to the person concerned free of cost. (5) The Commandant General or Commandant may at any time call out a Home Guards for training or to discharge duty within the state in accordance with the provisions of the Act and those rules.” [10] The functions and duties of members of Home Guards are specified in Rule 16 of the Manipur Home Guards Act, 1966 which reads as follows: “16.(1) FUNCTION AND DUTIES:- The function and duties of members of the Home Guards shall ordinarily consist of: (i) guarding of public buildings, bridges and other installations; (ii) patrolling for the purpose of the prevention of crime pertaining to mischief or any kind to public bridges, buildings and other installations; (iii) assisting the Civil Police in enforcing the maintenance of law and order when they were requisitioned for the purpose; and (iv) performing such other duties as may be assigned from time to time by the Commandant General or Commandant. 16(2) When the Home Guards are called out in aid of the Police Force, they will be under the control of the O/C of the concerned Police Station or the police officer under whose command they are placed for duty.” [11] According to sub-rule 2 of Rule 16 it is clear that when the Home Guards are called out in aid of police, they will be under the control of the O/C of the concerned police station or the police officer under whose command they are placed for duty. [12] From the above discussions it appears that under the provision of Manipur Home Guards Act, 1966 and Rules framed thereunder i,e, Manipur Home Guards Rules, 1966, police officers of the Manipur Police have no role in the administration of the Home Guards. Even the administration of the Home Guards for any area in the District are vested to the Commandant of the Home Guards or/any such additional, Deputy and/or Assistant Commandant as the State Government may deem fit to appoint under the General superintendence, control and direction of the District Magistrate, as such, Superintendents of Police of their respective District have no role in the administration of the Home Guards. No doubt, the only power given to the SsP and their subordinates are to control the Home Guards who had been called out in aid of the police force. From perusal of the impugned letter dated 23.3.05 it appears that there are some vagueness & irregularities regarding the exercise of the power for transfer of the Home Guard as well as administration of the Home Guards and also the power to call out a member of the Home Guards for any area in the District and also the power of the police officers regarding the administration and transfer of the Home Guards for any area in the District. It also appears that against of the said vagueness and irregularities in the impugned letter dated 23.3.05, the General Secretary of the petitioner/association had filed a representation dated 3.5.05 to the Hon'ble Chief Minister, Manipur who is the minister-incharge of the Home Guards, i.e. Home Department, Government of Manipur. A copy of the said representation dated 3.5.05 is available at Annexure-A/3 to the present writ petition. It is also the case of the petitioner that according to the side note dated 4.6.05 on the said representation dated 3.5.05 made by the Hon'ble C.M., Manipur, the Principal Secretary, Home, Government of Manipur had been directed to examine and process for further necessary action. But the said representation is still pending with the Principal Secretary, Home, Government of Manipur. But the said representation is still pending with the Principal Secretary, Home, Government of Manipur. [13] This court is of the considered view that the State Government should be given an opportunity to take appropriate decision on the said representation dated 3.5.05 filed by the General Secretary of the petitioner/association which is now pending with the Principal Secretary, Home, Government of Manipur by keeping in view of the observations made by this court. [14] Accordingly, the respondents are directed to take appropriate decision on the said representation dated 3.5.05 by keeping in view of the observations made by this court within a period of 3 (three) months from the date of receipt of this judgment and order. Writ petition is disposed of accordingly.