The Uttar Pradesh government has recast its disciplinary framework for home guard volunteers and departmental personnel facing criminal cases, aligning the rules with directions issued by the Allahabad high court.
A government order issued by principal secretary (home guards) Rajesh Kumar Singh on April 21 revises key provisions of the August 18, 2023 policy governing suspension, termination and reinstatement. The overhaul removes the earlier classification based on the length of punishment—up to seven years and above seven years—which had, in several instances, resulted in automatic dismissal.
HT has accessed a copy of the government order downloaded from the state government’s official website. Under the revised regime, personnel against whom a charge sheet has been filed may be allowed to remain on duty during the trial, provided they are not in judicial custody. Even in cases carrying punishment of up to seven years—and in certain circumstances beyond that—service will no longer be terminated solely on the basis of charges.
Reinstatement decisions will now depend on factors such as the grant of bail and the stage of the trial, introducing a case-by-case assessment. Final disciplinary action will hinge on the outcome of judicial proceedings, with dismissal mandated upon conviction.
The policy shift follows the high court’s September 26, 2025 order, which struck down portions of the 2023 regulation as arbitrary and discriminatory. The court held that denying reinstatement or terminating service solely on the basis of the prescribed punishment—without accounting for bail status or trial progress—violated Article 14 of the Constitution.
It also directed authorities to allow affected personnel to submit representations for reinstatement and to dispose of such pleas within a defined timeframe.
The amended order stipulates that personnel considered for reinstatement must undergo verification and medical examination in line with standard recruitment norms. Senior officials and district units have been directed to ensure strict compliance.
Officials said the revised framework is expected to bring greater uniformity and legal clarity to disciplinary proceedings while balancing administrative requirements with constitutional safeguards.
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