Disposed

Mukesh Singh Alias Mukesh Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Guard Deptt. Lko. and 3 Others

Allahabad HC5 Feb 2024WRIA/821/2024

Case brief

AI extract

What is this about?

A writ petition seeking quashing of a suspension order and show cause notice issued by the Home Guards Department, which was disposed of with liberty to file a representation against the suspension.

What did the court decide?

Liberty to file a representation to respondent no. 3 for revocation of suspension within ten days to be decided within two weeks.

Mukesh Singh Alias Mukesh Kumar vs State of U.P… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:10478

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Court No. - 18

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Case :- WRIT - A No. - 821 of 2024

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Petitioner :- Mukesh Singh Alias Mukesh Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Guard Deptt. Lko. And 3 Others Counsel for Petitioner :- Manoj Kumar Gupta,Manoj Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State.

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The present writ petition has been preferred for quashing of the impugned show cause notice/suspension order dated 14.12.2023 passed by respondent no. 4 i.e. District Commandant, Home Guards, Unnao whereby the petitioner has been suspended from duty/parade.

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Learned counsel for the petitioner has submitted that the petitioner was formally enrolled with the U.P. Home Guards Department in the year 2004 and after the Preliminary Training, the petitioner had started discharging his duties as Home Guard.

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It is further contended that by the impugned order dated 14.12.2023, the petitioner has been placed under suspension from duties and granting him seven days' time to submit the reply to the show cause notice. In compliance thereof, the petitioner has already submitted its reply on 18.12.2023 i.e. within the period specified but till date, no decision has been taken by the authorities and keeping the petitioner under suspension which is in violation of Circular dated 02.11.2018 issued by the U.P. Home Guard Headquarters wherein it has been provided that a Police Constable or a Home Guard could be placed under suspension for a maximum period of 30 days and in the case of the petitioner, thirty days' period has already been expired on 13.01.2024.

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On the other hand, learned Standing Counsel on the basis of instructions received has submitted that after the reply submitted by the petitioner, further show cause notices were issued on 26.12.2023 & 10.01.2024, to which the petitioner replied on 15.01.2024. He assures the Court that a decision will be taken and communicated to the petitioner within a period of one month.

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At this stage, learned counsel for the petitioner has submitted that liberty may be given to the petitioner to make a representation within ten days before the

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respondent no. 3 for revocation of suspension of the petitioner in the light of Circular dated 02.11.2018 issued by the U.P. Home Guard Headquarters.

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Learned Standing Counsel has no objection to the aforesaid prayer made by learned counsel for the petitioner.

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On the request of learned counsel for the petitioner and without entering into the merits of the case, the present writ petition is disposed of with liberty to the petitioner to make a representation to the respondent no. 3/Divisional Commandant, Home Guards, Lucknow against continuation of his suspension order within a period of ten days and if any such representation is made, the same shall be decided by the respondent no. 3/Divisional Commandant, Home Guards, Lucknow in accordance with law within a period of two weeks from the date of receiving of the representation along with the certified copy of this order.

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Order Date :- 5.2.2024 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Mukesh Singh Alias Mukesh Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Guard Deptt. Lko. and 3 Others

Case brief

What is this about?

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Mukesh Singh Alias Mukesh Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Guard Deptt. Lko. and 3 Others

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