IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1690 of 2025 Date of decision: 10.03.2025 Vinod Kumar. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. A.K. Gupta, Advocate. For the respondents : Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, Judge Petitioner’s prayer for re-enrollment in Home Guard Organization has been turned down by the respondents, primarily on ground that he was discharged from the Organization on the grounds of indiscipline and misconduct vide order dated 07.10.2004, hence, he cannot be re-enrolled. 2. Heard learned counsel for the petitioner and considered the case file. 3. The case as it comes out from the record and as urged by the learned counsel is that:- 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- 3(i). Petitioner was enrolled in the Home Guard Organization on 26.06.1997 as a volunteer. In the year 2004, a complaint was made against him. That complaint was inquired into. The inquiry found the petitioner guilty of misuse of power, indiscipline, irresponsible act, corruption and misconduct. The Commandant 6th Battalion Mandi vide order dated 07.10.2004, discharged the petitioner from the Organization on grounds of indiscipline and misconduct. Petitioner accepted this order and did not assail it any further. 3(ii). Eighteen years later, a Civil Writ Petition bearing CWP No.4103 of 2022 was instituted by the petitioner seeking his re-enrollment as Home Guard Volunteer. The relief was prayed on the strength of decision rendered in Inder Singh vs. State of H.P. & Ors.1. The relevant portion from the decision in Inder Singh’s1 case reads as under:- “2. Be that as it may, the effects of all the afore may, become undone, rather only for ensuring that since, the writ petitioner, is otherwise, not, declared, in the reply, on affidavit, sworn by the respondent, to be unfit, for performing the apposite duties, nor, is declared therein, to, during the tenure, of, his service as a volunteer in the Home Guards, qua his not performing his duties, with lack of efficiency, and, or his mis- conducting, himself, (i) thereupons, besides when the perusal, of, Annexure P-2, discloses that the persons 1CWP No.3628 of 2020 decided on 05.01.2021. -3- aspiring to be re-enlisted as volunteer(s) in the Home Guards, are not, to cross the prescribed therein age bar of 50 years, (ii) thereupon, when it is stated at the bar by the learned counsel for the petitioner, that the writ petitioner has not crossed the apposite age bar, hence, the respondents concerned, are, directed to, subject, to his also meteing compliance with Rule 3, of Annexure P- 2, inasmuch as, his being (a) not less than 18 years and not more than 50 years of age, (b) is of good moral character; (c) is physically fit to undergo ardous out-door duties and has been medically examined and found to be of normal health; (d) is at least literate in Hindi; (e) is not wholly engaged in any course of study in any educational institution and has an employment or profession; (f) is not a member of the Territorial Army; (g) takes an oath of allegiance to the Constitution of India and to the Government of Himachal Pradesh as laid down in the form of pledge appended to these rules, hence proceed to consider the request of the respondent, for, his reenrollment, as a volunteer in the Home Guards.” CWP No.4103 of 2024 instituted by the petitioner was disposed of on 28.06.2022 with the directions to the respondents to consider the case of the petitioner in light of decision in Inder Singh’s1 case. This was so ordered in view of submission made by learned counsel for the petitioner that petitioner’s case was covered by the decision in Inder Singh’s1 case. 3(iii). The respondents vide their office communication dated 23.03.2023 (Annexure P-4) informed the petitioner that he had been discharged from Home Guard Organization on grounds of indiscipline and misconduct vide order dated -4- 07.10.2004, therefore, he cannot be re-enrolled in the Organization. 3(iv). Petitioner filed appeal to the Commandant General seeking his re-enrollment in the Organization in light of judgment in Inder Singh’s1 case. The appeal was also rejected on 11.09.2024 (Annexure P-7). While rejecting the appeal, the Competent Authority observed that petitioner's request for re-enrollment in the Organization had previously been examined in the year 2022-23. It was found that he was involved in gross indiscipline, which was proved in the inquiry conducted against him in the year 2004 for which reason he was discharged from the Organization vide order dated 07.10.2004, hence, petitioner cannot be re-enrolled in the Home Guard Organization. 4. Taking into consideration the facts outlined by the respondents for rejecting the prayer of the petitioner for re-enrollment viz. petitioner having been discharged from the Organization on grounds of indiscipline and misconduct vide order dated 07.10.2004; petitioner having accepted this order, the respondents were justified in not accepting petitioner’s prayer for re-enrollment. Petitioner’s case is -5- different from that of Inder Singh1. In fact, even in Inder Singh’s1 case, misconduct has been cited as a disqualification for re-enrollment. Learned counsel for the petitioner could not point out any provision in the H.P. Home Guard Organization Act, 1968 and the Rules framed thereunder for re-enrollment of Home Guard Volunteer, who had been discharged from the Organization on grounds of misuse of power, indiscipline, irresponsible act, corruption and misconduct. The petitioner was discharged on 07.10.2004. This order had attained finality. Therefore, petitioner’s request for re-enrollment made in the year 2022 on the strength of decision rendered in Inder Singh’s1 case, does not carry any substance. For the foregoing reasons, there is no merit in the writ petition. The same is dismissed. All pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua 10th March, 2025 Judge (Pardeep)