Neutral Citation No. - 2025:AHC:63156 Court No. - 4 Case :- WRIT - A No. - 5324 of 2025 Petitioner :- Rajwant Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Rai,Vinod Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Vinod Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order passed by the District Commandant, Homeguard, Azamgarh dated 29th March, 2025 whereby for the purposes of official duty and parade petitioner has been suspended only for the reason that there are certain criminal cases pending against him and further petitioner has been directed to submit his reply in the matter as to why further action may not be taken for such criminal case, pending against him for police verification being rendered untenable. Learned counsel for the petitioner submits that on account of implication of the petitioner in the criminal case petitioner' services were suspended earlier also in the year 2014 but later on he came to be reinstated by the District Commandant Homeguard under its order dated 31st March, 2016 with this rider that in the event final order is passed against the petitioner in the pending criminal case, his services would be automatically terminated. Mr. Singh, learned counsel for the petitioner submits that once this order came to be passed on 31st March, 2016 and fact position has not changed as same criminal case continues to be pending against the petitioner, the District Commandant, Homeguard, Azamgarh was not justified to review his earlier order dated 31st March, 2016. Learned counsel for the petitioner submits that it is always open for the respondents to pass final order dispensing the services of the petitioner in the event petitioner stands convicted in terms of the order passed on 31st March, 2016. Learned Standing Counsel, however, sought to justify the action on the ground that there is a Government order to this effect that once a homeguard is found implicated in the criminal case for which sentence is 7 years and above then services of such homeguard are liable to be terminated. However, learned Standing Counsel could not dispute that once District Commandant Homeguard Azamgarh himself reinstated the petitioner vide order dated 31st March, 2016 and criminal case still continues to be pending, the District Commandant Homeguard Azamgarh has virtually reviewed his earlier order. In the given facts and circumstances of the case, therefore, I hereby quash the order dated 29th March, 2025 passed by the District commandant Homeguard, Azamgarh with this rider that in the event petitioner stands convicted in the criminal case, services of the petitioner would liable to be terminated immediately. Thus, this petition stands allowed as above. Order Date :- 24.4.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad