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2025 DAILYLAW 63622 (ALL)

RAGHUNATH GOND v. STATE OF U.P. AND 2 OTHERS

WRIA/7553/2025 · 2025-05-26

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:92971 Court No. - 4 Case :- WRIT - A No. - 7553 of 2025 Petitioner :- Raghunath Gond Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri Sunil Kumar Singh, learned counsel for the petitioner and learned Additional Chief Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the order dated 25.03.2025, whereby, he has been suspended from regular duties and parade. 3. It is argued on behalf of the petitioner that petitioner has been placed under suspension only on account of being sent to jail for the criminal case in which he has been falsely implicated otherwise no departmental action has been taken against the petitioner till date. 4. Learned Additional Chief Standing Counsel on the contrary submits in light of the Government Order dated 18.08.2023, a Home Guard volunteer if is involved in the criminal case and charge-sheet has been filed in connection therewith where the sentence is for seven years and above then such Home Guard shall be discharged from services. At this stage, Sri Singh submits that till date no orders have been passed with regard to the discharge of petitioner's service as Home Guard. He submits that a representation in this regard has been made before the competent authority namely District Commandant Home Guard, Mau on 13.05.2025. He may make representation afresh also, if this Court directs against the order denying him official duties and parade. 5. In the given facts and circumstances, while I find that there is no final order passed in the matter of discharge of petitioner from service as a Home Guard and, he has only been placed under suspension, I consider it appropriate that petitioner should make a fresh representation within four weeks and the same shall be considered and disposed of within further six months' time, in accordance with law. 6. Petition stands disposed of. Order Date :- 27.5.2025/S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad