MAHESH KUMAR SONI ALIAS MAHESH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS
WRIA/12555/2025 · 2025-10-30
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174329 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174329 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12555 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.
2. Petition has been filed challenging show cause notice dated 30.07.2025 whereby services of petitioner on the post of Home Guard have been discontinued. Further prayer has been sought for a direction to opposite parties to take work from petitioner during pendency of trial of Criminal Case No.268 of 2018 pertaining to Case Crime No.2214 of 2017, under Sections 386, 404, 504 & 506 IPC registered in Police Station Malhipur, District Shrawasti.
3. It has been submitted that a perusal of impugned
order will make it evident that the opposite parties have discontinued services of petitioner even while issuing a show cause notice and such discontinuance has been made without awaiting for a reply from petitioner.
4. Learned State Counsel on the basis of instructions has refuted submissions advanced by Versus Counsel for Petitioner(s) : Manoj Kumar Singh, Rakesh Kumar Srivastava Counsel for Respondent(s) : C.S.C. Mahesh Kumar Soni Alias Mahesh Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Respondent(s)
learned counsel for petitioner with the submission that by means of impugned order, services of petitioner have already been suspended pending final orders with regard to the show cause notice. It is submitted that petitioner is posted as a Home-Guard and is not in regular police service. It has been submitted that since reply has already been furnished by petitioner, final decision shall be taken shortly.
5. In view of submissions advanced by learned counsel for parties and the admitted situation of petitioner has already submitted a reply to the show cause notice, opposite party no.4 i.e. District Commandant Home Guards, District Shrawasti or any other competent authority is directed to pass final order with regard to show cause notice dated 30.07.2025 within a period of four weeks from the date a receipt of certified copy of this order is produced before the said authority.
6. With aforesaid observations and directions, the petition is finally disposed of. October 30, 2025 Subodh/- WRIA No. 12555 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench