Orissa High Court
Sumanta Kumar Sahu vs State Of Odisha And Others ..... ... on 24 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.8224 of 2025
Sumanta Kumar Sahu ..... Petitioner
Represented By Adv. -
Jagajiban Pradhan, Mr.
S.K. Mishra, Sr. Adv.
-versus-
State Of Odisha and others ..... Opposite Parties
Mr. A. Pati, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
24.03.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard Mr. S.K. Mishra, learned senior counsel for the
Petitioner as well as learned counsel for the State-Opposite Parties.
Perused the writ application as well as the documents annexed
thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"It is, therefore prayed that this Hon'ble Court
may graciously be pleased to admit this writ
application, issue notice to the Opposite Parties,
call for the relevant records and after hearing
the counsel for the parties, the order
dt.02.07.2021 under Annexure-6 be quashed and
the opposite Parties be directed to consider the
case of the petitioner for reinstatement in his
previous post of Home Guard with all service
benefits within a time bound period;
And further be pleased to pass such other
order/orders as this Hon'ble Court deems just,
equitable and proper in the facts and
circumstances of the present case;"
4. It is stated by Mr. Mishra, learned senior counsel appearing for
the Petitioner that the Petitioner was initially appointed as a Home
Guard in Mayurbhanj District vide D.O. No.3 on 10.02.2011. While
working as such, the Petitioner got entangled in a criminal case
initiated at the instance of his wife for commission of an offence
punishable under Sections 498-A, 506, 307 of IPC read with Section
4 D.P. Act bearing Betnoti P.S. Case No.23 of 2017, as a result of
which, the Petitioner was disengaged from service vide D.O. No.7
dated 08.08.2017. Thereafter, the Petitioner faced a trial and he was
acquitted by the learned Court of Asst. Sessions Judge, Baripada in
Sessions Trial Case No.147 of 2018 vide judgment dated 09.02.2019.
Learned senior counsel appearing for the Petitioner at this juncture
contended that now the Petitioner and his wife are staying together
and leading a peaceful conjugal life.
5. Mr. Mishra, learned senior counsel further contended that after
acquittal in the criminal trial, the Petitioner approached the Opposite
Party No.3 by filing a representation on 29.03.2019 with a prayer to
reinstate him in service after acquittal in the above noted criminal
case. The Deputy Commandant vide his order dated 07.06.2019 set
aside the discharge order vide D.O. No.7 dated 08.08.2017, however,
liberty is granted to initiate a fresh proceeding against the Petitioner
as per the established procedure under Section 8 of the Home Guards
Act, 1961. Being aggrieved by such order, the Petitioner approached
this Court by filing W.P.(C) No.12556 of 2021. A Coordinate Bench
vide order dated 20.04.2021 disposed of the above noted writ petition
by taking into consideration the fact that the Petitioner has already
been acquitted in the criminal case which was the only ground of his
dismissal and directed the Opposite Parties to consider the case of the
Petitioner by allowing him to discharge his duty as Home Guard if
there is no other legal impediment to the same. Thereafter, the
Petitioner approached the Opposite Party No.3 along with a copy of
the aforesaid order.
6. The Opposite Party No.3 vide his order under Annexure-6 to
the writ petition disposed of the grievance of the Petitioner by
holding that since the Government of Odisha in the Home
Department vide his Letter No.8852/D.C.A. dated 22.02.2020 and
Letter No.24884/D & A dated 23.07.2020, have directed to stop
recruitment and abolished existing vacancies in the rank of Home
Guard, the case of the Petitioner was no more available to be
considered for reinstatement in service and with the aforesaid
observation, the Opposite Party No.3 has rejected the case of the
Petitioner.
7. Learned counsel for the Petitioner further contended that in the
meantime the ban order that was imposed by the Home Department,
Government of Odisha in the year 2020 has already been lifted and
that steps have been taken for recruitment of the Home Guards by
issuing a fresh advertisement. In such view of the matter, learned
senior counsel for the Petitioner contended that the case of the
Petitioner be reconsider for his reinstatement in service as he has
been illegally disengaged from service. He further contended that in
the meantime the Petitioner has already been acquitted in the criminal
case which was instituted at the instance of his wife for commission
of an offence under Section 498-A of the IPC. He further contended
that on 10.10.2024 the Petitioner has already approached the
Commandant, Home Guard, Mayurbhanj-Opposite Party No.3 by
filing a detailed representation under Annexure-8 to the writ petition,
however, no decision has been taken on the same.
8. Learned counsel for the State on the other hand contended that
since the Petitioner has already approached the Opposite Party No.3,
as is evident from the document under Annexure-8 to the writ
petition and in the event any such representation is still pending, he
will have no objection in the event this Court directs the Opposite
Party No.3 to take a lawful decision on such representation of the
Petitioner in accordance with law within a stipulated period of time.
9. Having heard the learned counsels appearing for the respective
parties, on a careful analysis of their submission and on a close
scrutiny of the document annexed to the writ petition, further keeping
in view the facts of the present case as well as the direction of the
Coordinate Bench in the previous writ petition under Annexure-5 to
the writ petition, this Court deems it proper to dispose of the writ
petition at the stage of admission by directing the Opposite Parties to
consider the case of the Petitioner for his reinstatement of in service,
keeping in view order dated 20.04.2021 passed in W.P.(C) No.12556
of 2021 within a period of two months from the date of
communication of a certified copy of today's order. Further, it is
made clear that since admittedly the ban order for appointment of
Home Guards has already been lifted by the State-Opposite Parties
and in the meantime fresh recruitment is taking place, the case of the
Petitioner be considered against any available vacancy before filling
up the same under the advertisement. Let the aforesaid exercise be
carried out within the time stipulated hereinabove.
10. With the aforesaid observations/directions, the writ application
stands disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Signed by: SANTANU KUMAR ROUT Page 5 of 5.
Location: High Court of Orissa, Cuttack
Date: 25-Mar-2025 10:30:35
