Ajay Kumar Tiwari And Another vs The State Of U.P. And Others
2011 Latest Caselaw 5592 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 63275 of 2011
 

 
Petitioner :- Ajay Kumar Tiwari And Another
 
Respondent :- The State Of U.P. And Others
 
Petitioner Counsel :- Shambhavi Nandan
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioners claim to have applied for the post of Home Guard. The petitioners have been subjected to physical efficiency test. The contention of the petitioners is that they have cleared the physical efficiency test and they stood at serial nos. 1 and 2 but instead of appointing the petitioners, respondent no. 8 has been appointed on the post of Home Guard, Gauri Bazar Company District Deoria. The petitioners filed a complaint to the District Commandant Home Guards, Deoria as well as to the Divisional Commandant Home Guards Division, Gorakhpur. On the application of the petitioners, the Divisional Commandant Home Guards Division, Gorakhpur has initiated the inquiry proceeding. However, nothing has been heard. The petitioners moved an application to know that what happened in the matter. It appears that several other persons have also sent complaints regarding the appointment. On such complaints, the Divisional Commandant Home Guards Division, Gorakhpur vide his letter dated 18.10.2011, which is Annexure-11 to the writ petition, wrote a letter to the Police Director General Home Guards Head Quarter, U.P., Lucknow. It appears that several irregularities have been committed in the appointment of the Home Guard and in respect thereof an inquiry is pending. He requested that till the inquiry is not completed, the training of Gorakhpur District may not be started.

Learned counsel for the petitioners submitted that vide letter dated 3.10.2011 the District Commandant Home Guards, Deoria has asked the petitioners to appear before the Central Training Sansthan Home Guards, U.P., Lucknow. It is the contention of the petitioners that in pursuance of the letter dated 3.10.2011 the necessary papers have been sent to the office of the Central Training Sansthan Home Guards, U.P., Lucknow but nothing has been heard till today.

The matter requires consideration.

Learned Standing Counsel is directed to file counter affidavit within two weeks. Rejoinder affidavit may be filed within one week.

Put up on 5.12.2011 as fresh.

Any appointment will be subject to the decision of the writ petition.

Order Date :- 8.11.2011

OP