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High Court of Punjab and Haryana · body

2025 DAILYLAW 76846 (PNJ)

SURENDER KUMAR v. STATE OF HARYANA AND ORS

CWP/19278/2025 · 2025-07-14

Jagmohan Bansal

body2025

Judgment text

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` CWP-19278-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 122 CWP-19278-2025 Date of Decision: 14.07.2025 Surender Kumar …Petitioner Versus State of Haryana and others …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Nafeesh Ahmed, Advocate and Mr. L.M. Brara for the petitioner Ms. Rajni Gupta, Additional Advocate General, Haryana *** JAGMOHAN BANSAL, J. (Oral) 1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to the respondents to reinstate him in service and grant all consequential benefits. 2. Learned counsel for the petitioner inter alia contends that petitioner joined respondent as Member of Home Guards in 2016. An FIR No.238 dated 24.07.2024 under Sections 19(2), 190 and 115 of Bharatiya Nyaya Sanhita, 2023 at Police Station Chhappar was registered on the statement of Ram Pal who is a co-villager of the petitioner. Ram Pal made allegations against the petitioner. On the basis of FIR, petitioner was orally discharged in August’ 2024. He has served multiple notices but to no avail. MOHIT KUMAR 2025.07.14 16:10 I attest to the accuracy and integrity of this order/judgment. ` CWP-19278-2025 -2- 3. Ms. Rajni Gupta, Additional Advocate General, Haryana, who on advance notice is present in Court, assures the Court that competent authority would consider petitioner’s grievance and pass an appropriate order within two months from today. 4. From the perusal of record, it is evident that petitioner worked with the respondent from 2016 to 2024. He is not facing any departmental or criminal proceedings. He was discharged without following procedure as contemplated by Haryana Home Guards Act, 1974 (for short ‘1974 Act’) and Haryana Home Guards Rules, 1980 (for short ‘1980 Rules’). 5. In the backdrop, the petition stands disposed of with a direction to respondent to decide petitioner’s representation within two months from today keeping in mind 1974 Act and 1980 Rules. (JAGMOHAN BANSAL) JUDGE 14.07.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2025.07.14 16:10 I attest to the accuracy and integrity of this order/judgment.