IMPORTANT POINT
Home Guards are civil servants entitled to due process under Article 311(2) of the Constitution, necessitating a fair inquiry before removal.

ORDER :

Venkateswarlu Nimmagadda, J.

1. This writ petition is filed claiming the following relief:

"...To issue Writ of Mandamus declaring the action of the 3rd Respondent Commissioner of Police Vijayawada in removing the petitioner from his service without the petitioner from his service without considering the petitioners written explanation nor the Appeal preferred to the 2nd Respondent without following due procedure contemplated under law not even conducting enquiry by providing opportunity to the petitioner is illegal, unlawful and arbitrary against the Article 14 and 21 of Constitution of India in also violation of principles of natural justice consequently set aside the removal order by Respondent No. 3 vide proceedings C. No. 5061/H-1/2019, dated 27.02.2020 by further directing the Respondents to reinstate the petitioner the petitioner into service as Home Guard with all attendant benefits as per the Orders passed by this Hon'ble Court in W.P. No. 16218 of 2019 and bench dated 01.04.2021 and to pass such other order or orders..."

2. The case of the petitioner is as follows:

3. The petitioner herein got selected as Home Guard at Vijayawada city Unit in the year 2007. Since then, the petitioner has been discharging his duties till 2019. While so, during the month of July 2019 when the petitioner was working in Ajith Singh Nagar Police Station, Vijayawada, he suffered with serious jaundice and he repeatedly requests the SHO, Ajith Singh Nagar Police Station, Vijayawada and Respondent No. 4 herein for sanction of leave him leave and the same was unheard by them. As the petitioner was unable to discharge his duties on 04.07.2019, he was forced to go absent from his duty. In fact, the petitioner sent a request word and written letters through his family members. But, the Respondents did not consider the said request.

4. It is further stated that the petitioner underwent treatment in Government General Hospital from 04.07.2019 to 22.10.2019 On the next day i.e., 23.10.2019, the petitioner approached the Respondent No. 4 and made a request to take him into duty. But, the Respondent Authorities did not allot duty to the petitioner and the petitioner was served with a Show Cause Notice dated 21.10.2019 directing him to submit an explanation for his absence. Then the petitioner submitted his explanation promptly on the same day i.e., 23.10.2019 explaining the circumstances under which he was absent from his duties and also made request to the Respondent Authorities to take back to the duty. From that day onwards, the petitioner has been running around the Respondents for reengaging his services by the Authorities. But, the petitioner was not allowed to render service.

5. It is further case of the petitioner that suddenly on 27.02.2020, Respondent No. 3 passed orders removing the petitioner from his services as Home Guard without considering the petitioner's explanation and without there being any enquiry and without providing an opportunity to the petitioner to make his submissions.

6. Learned Government Pleader for Services-I filed a counter affidavit on behalf of the Respondents wherein it is stated that the petitioner herein absented from his duties without any permission or leave for 107 days i.e. from 08.10.2014 to 22.01.2015. A Show Cause Notice was issued to the petitioner vide Office C. No. 113/H1/2015, dated 25.02.2015. After receipt of explanation from the petitioner, the Home Guard Disciplinary Committee considered it as the first mistake and took him into the duties. Again, the petitioner absented from his duties from 05.09.2017 to 05.01.2018 (123 days) without any permitted leave or permission. The petitioner appeared before the officers/Respondents and stated that he suffered from Jaundice, Typhoid and Abdomen pain and requested to consider his absence as genuine sick. Again the petitioner request was considered and he was taken to duty and he was counselled by the Commandant, Home Guards Organization, Vijayawada Region.