Bharat Mourya vs The State Of Madhya Pradesh
2023 Latest Caselaw 12794 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                               ON THE 8 th OF AUGUST, 2023
                                             WRIT PETITION No. 19569 of 2023

                           BETWEEN:-
                           BHARAT MOURYA S/O SHRI SHANKAR MOURYA, AGED
                           ABOUT 30 YEARS, OCCUPATION: NIL MORIPURA
                           AHERWAS DHARAMPURI DISTRICT DHAR (MADHYA
                           PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI CHANDRAKANT VERMA, LEARNED COUNSEL)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE     PRINCIPAL   SECRETARY    HOME
                                 DEPARTMENT MANTRALAYA, VALLBH BHAWAN,
                                 DISTRICT BHOPAL (MADHYA PRADESH)

                           2.    THE DIRECTOR GENERAL HOME GUARD AND
                                 CIVIL   DEFENCE JAHANGIRABAD, BHOPAL
                                 (MADHYA PRADESH)

                           3.    THE DIVISIONAL COMMANDANT HOME GUARD
                                 INDORE INDORE (MADHYA PRADESH)

                           4.    THE DISTRICT COMMANDANT HOME GUARD
                                 CIVIL DEFENCE AND DISASTER MANAGEMENT
                                 DISTT. DHAR (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (MS. GEETANJALI CHAURASIA, LEARNED G.A. FOR THE
                           RESPONDENTS/STATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                            ORDER

In the instant petition, the petitioner has challenged the order of

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 08-08-2023 18:19:06

termination of service and dismissal of appeal/revision by the respondents.

2. The petitioner was working as Home Guard. Against him, one criminal case Crime No. 22/2022 was registered at Police Station - Dhar for the offences punishable under Sections 376, 376(2)(N), 294, 323, 506 of IPC on the ground of registration of criminal case. Services of the petitioner were terminated under Rule 24(A)(5) of Madhya Pradesh Home Guard Rules, 2016 without giving any opportunity of hearing to the petitioner. By judgment dated 20.10.2022, the petitioner has been acquitted by the trial Court for the offences under Section 376(2)(N) of IPC. After acquittal the petitioner has submitted a representation to the respondent No. 2/Director General, Home Guard and Civil Defense,

Jahangirabad, Bhopal for reinstatement on 16.03.2023, but till this date no decision has been taken.

3. After hearing learned counsel for the petitioner, I deem it expedient to dispose off the petition with a direction to the respondent No. 2 to consider the representation of the petitioner for reinstatement in view of the acquittal in the criminal case in accordance with the law within a period of two months from the date of communication of the order. In case if the petitioner is found entitled for the same, the petitioner shall be reinstated and if the claim of the petitioner is found not admissible, the respondent No. 2 shall pass a speaking and reasoned order and the said order shall be communicated to the petitioner.

4. With the aforesaid, the writ petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 08-08-2023 18:19:06