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2021 Supreme(Jhk) 47

DEEPAK ROSHAN
Ambuj Pandey – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Mahesh Tiwari, Advocate.
For the Respondent: Mr. Devesh Krishna, S.C. (Mines)III

JUDGMENT :

Heard learned counsel for the parties through V.C.

2. The instant writ application has been preferred by the petitioner praying for quashing and setting aside letter no.308 dated 15.07.2009 (Annexure-2), issued by respondent no.4 whereby petitioner has been removed from service.

3. The grievance of the petitioner is that he was appointed as Home Guard in the year 1985 and has rendered his services to the satisfaction of respondents. All of a sudden an F.I.R was lodged on 8th April, 2009 and service of this petitioner has been terminated without giving any show-cause notice or without giving any opportunity of being heard by the order dated 15.07.2009 (Annexure-2), which is under challenge.

4. Learned counsel for the petitioner submits that similarly situated other set of petitioners have previously preferred W.P. (S) No.5852 of 2009 and W.P.(S) No.504 of 2010 and those writ applications were allowed in favour of the petitioners and it was held by this Court that termination of Home Guard cannot be made without issuing any show-cause notice or without giving any opportunity of being heard.

5. Mr. Devesh Krishna, learned counsel for the respondent-State while refereeing para-8

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