[2025:RJ-JP:31418] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9788/2012 Uma Shankar Nagar S/o Shri Behrulal Nagar, aged about 24 years, R/o 124, Hanumangadi, Kunhadi, Kota (Raj.) ----Petitioner Versus 1. State of Rajasthan through Secretary Home, Rajasthan Secretariat, Jaipur (Raj.) 2. Director General Civil Defence and Home Guards, Rajasthan, Jaipur. ----Respondents For Petitioner(s) : Mr. Shailesh Prakash Sharma For Respondent(s) : Ms. Karishma Soni for Mr. Vinod Kumar Gupta, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 12/08/2025 1. Feeling aggrieved by order dated 02.11.2011 passed by the Commandant, Home Guards, Training Centre, Kota whereby the name of the petitioner has been struck off from the role of Home Guards, the instant writ petition has been filed by the petitioner. 2. Learned counsel for the petitioner submits that petitioner got himself enrolled with the Commandant Home Guard Training Centre, Kota in the year 2008. Such enrollment was initially for the period of five years, subject to further renewal, where he was served with a memorandum dated 20.07.2011 leveling allegations of grabbing illegal money from the two wheeler riders driving without helmet. Pursuant to aforesaid [2025:RJ-JP:31418] (2 of 4) [CW-9788/2012] memorandum, the impugned order of discharge dated 02.11.2011 has been passed mentioning therein that although opportunity of personal hearing was given to the petitioner, yet he did not utter anything except showing himself as an innocent person. 3. Learned counsel for the petitioner submits that the sole basis for striking off name of the petitioner from the role of Home Guard is that one letter dated 12.07.2011 was issued by the Deputy Superintendent, Traffic, Kota (for short "Dy.SP) leveling the allegations of taking illegal money. 4. Learned counsel for the petitioner points out that simultaneously, the petitioner also submitted one application before the complainant Deputy Superintendent of Police, Traffic, Kota for re-examining the matter. On his application, the aforesaid authority conducted enquiry and took statements of concerned persons. Thereafter, he submitted one report dated 17.11.2011 to the Inspector General of Police, Kota Range, Kota wherein it has been mentioned that the petitioner was not involved in any kind of misconduct including taking illegal money. Learned counsel for the petitioner submits that the aforesaid report was submitted by the Deputy Superintendent of Police Traffic, Kota after the impugned order of discharge dated 02.11.2011. Thereafter, the petitioner submitted one application in the form of appeal before the Director General, Civil Defence mentioning therein that there are contradictory findings and Dy.SP (Traffic) after conducting proper enquiry has given a finding that no misconduct whatsoever was committed by the petitioner and he was not indulged in the said incident of taking illegal money from general public. The application/appeal filed by the petitioner was decided by the [2025:RJ-JP:31418] (3 of 4) [CW-9788/2012] Deputy Director Civil Defence but no finding whatsoever has been given and his application/appeal has been rejected in quite mechanical and cryptic manner. 5. Learned counsel appearing for the respondents submits that services of Home Guard are considered to be voluntary services under the Rajasthan Home Guards Act, 1963 and the persons working as volunteer in Home Guard services do not hold any post. However, on receiving complaint against the petitioner, in order to provide fair opportunity, an enquiry was conducted and after conducting enquiry, on the basis of material available, the Commandant Home Guard Training Centre, Kota has rightly discharged the petitioner on the role of Home Guards. It has been submitted that subsequent report, if any, submitted by Dy.SP, Kota is of no help to the petitioner as it has come into existence subsequent to the impugned order. It has also been submitted that the application/appeal submitted by the petitioner against the discharge has been duly considered by the Competent Authority and it has rightly been rejected. 6. Learned counsel for the respondent have also indicated the limb of order dated 02.11.2011, in which the authority has recorded that even during the enquiry proceedings, the petitioner attempted to put undue influence upon the enquiry officer. 7. I have considered the rival submissions made by learned counsel for the parties and perused the record. 8. Apparently, there are two different and contradictory findings as the impugned order dated 02.11.2011 was passed mainly on the complaint made by Dy.SP however, it appears that the statements of Dy.SP were not recorded. It is also a matter of [2025:RJ-JP:31418] (4 of 4) [CW-9788/2012] record that Dy.SP traffic himself has conducted an enquiry in the matter and after enquiring the allegations leveled earlier by the then Dy.SP (Traffic) were found to be incorrect and categorical finding has been given that the petitioner has not committed any misconduct including the Act of illegally obtaining money. 9. Under these circumstances, when appeal/representation was filed by the petitioner before the Director General of Civil Defence along with subsequent report given by Dy.SP (Traffic), it was incumbent upon the higher authority to consider such contradictory factual findings and to pass an appropriate order thereupon. I find that the order dated 13.03.2012 passed by the Deputy Director Civil Defence Rajasthan, Jaipur is a non-speaking order, hence the same is devoid of reasons, therefore, is hereby quashed. 10. The writ petition filed by the petitioner is partly allowed and the Deputy Director Civil Defence, Rajasthan, Jaipur is directed to properly consider the representation/appeal filed by the petitioner including the report dated 17.11.2011 (Annex-4) submitted by the Deputy Superintendent of Police and to pass a reasoned order within a period of four weeks from the date of receipt of certified copy of the writ petition. 11. Accordingly, the writ petition stands disposed in the light of aforesaid directions. (ANAND SHARMA),J NEERU/28