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2025 DAILYLAW 124778 (ALL)

SUSHIL KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

WRIA/2132/2025 · 2025-02-20

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11149 Court No. - 6 Case :- WRIT - A No. - 2132 of 2025 Petitioner :- Sushil Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Anamika Tiwari Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Ms. Anamika Tiwari, learned counsel for the petitioner as well as learned Standing Counsel for the respondents. 2. It has been submitted by learned counsel for the petitioner that petitioner was appointed on the post of Company Commander (Volunteer) in 1997, but his appointment was cancelled on 30.11.2019 when certain allegations of defalcation of funds was found against him, for which purpose first information report was lodged against petitioner being Case Crime No. 1394 of 2019, under Sections 409, 420, 467, 468, 471 IPC, Police Station - Gomti Nagar, District - Lucknow against the petitioner including two other persons. 3. Pursuant to first information report, the petitioner was taken into judicial custody and subsequently, was released on bail on 08.06.2020. After his release on bail, petitioner moved an application for reinstatement. The said application was rejected on 21.08.2024 by the District Commandant, Home Guards, Lucknow, against which the petitioner preferred an appeal before the Commandant General, Home Guards, Head Office, Lucknow which is pending since 25.11.2024. 4. In the present writ petition prayer has been made by the petitioner that respondent no. 2 may be directed to consider and decide his appeal expeditiously. 5. Learned Standing Counsel has no objection in case suitable directions are issued to respondent no. 2 to decide petitioner's appeal. 6. In view of above, present writ petition is disposed of with direction to respondent no. 2 - Commandant General, Home Guards, Head Office, Lucknow, to proceed to consider and decide petitioner's appeal dated 25.11.2024, in accordance with law by means of reasoned and speaking order and communicate the decision to the petitioner. Order Date :- 20.2.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench