Balak Ram vs State Of U.P. And 3 Others
2022 Latest Caselaw 2330 ALL

Citation : 2022 Latest Caselaw 2330 ALL
Judgement Date : 7 May, 2022

Allahabad High Court

Balak Ram vs State Of U.P. And 3 Others on 7 May, 2022

Bench: Saurabh Shyam Shamshery




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 6855 of 2022
 

 
Petitioner :- Balak Ram
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Shailesh Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard Shailesh Verma, learned counsel for the petitioner and Shri.C.P.Gupta, learned Standing Counsel.

Petitioner has made out a case for interference that the petitioner though working as Home Guard still in order to terminate him an inquiry is mandatory and for that he has relied upon a judgment passed by this Court in the case of Dheer Singh Vs. State of U.P. & Ors, 2021 (9) ADJ, 218, where in similar circumstances the orders passed without taking recourse of inquiry were set-aside.

Learned Standing Counsel has fairly submitted that he is not disputing the ratio laid down in the case of Dheer Singh Vs. State of U.P. & Ors, (supra). However, it is contended that the order passed by co-ordinate bench has not considered the Full Bench judgment in the case of Rajveer Singh Vs. State of U.P. & Ors, 2018 (11) ADJ 453 in its entirety. However, he fairly submitted that he has no instructions as to whether the aforesaid judgment has been challenged before the Division Bench or not.

In view of the above, considering that the petitioner has been terminated without following the law declared by the co-ordinate bench, therefore, the impugned order dated 13.3.2022 is set-aide. However, considering that there are very serious charges against the petitioner, as well as petitioner refused to submit reply to the show cause notice and used unparliamentary language against his senior officers, therefore the respondents are directed to conduct inquiry in accordance with law and conduct it preferably within a period of four weeks from today.

Meanwhile, the petitioner will remain suspended in view of proviso to Section 12 of Uttar Pradesh Home Guard Act, 1963.

In the event, inquiry is not concluded within four weeks and there is no allegations of non-co-operation of petitioner, the order of suspension passed by this Court shall be deemed to be vacated.

With the aforesaid direction, this writ petition is disposed of.

Order Date :- 7.5.2022-SB