JUDGMENT :

Jagmohan Bansal, J. (Oral)

As common issues are involved in the captioned petitions, with the consent of all the parties, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-11357-2021.

2. Affidavit dated 17.09.2024 filed on behalf of respondent No.3 is taken on record. Registry is directed to tag the same at an appropriate place.

3. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of suspension order dated 30.08.2019 (Annexure P-4) whereby the District Commander, Punjab Home Guards, Patiala has suspended him. He is further seeking subsistence allowance during the period of suspension.

4. The petitioner was enrolled as member of Punjab Home Guards on 05.08.1992. He continuously worked with the respondent as member of Home Guards till the date of passing impugned order of suspension. For the ready reference, the suspension order is reproduced as below: -

"As per report received from the office of Commander Training Center, Punjab Home Guards, Patiala vide letter no-561 dated 30.08.2019 Guard Mahinder Ram No-30617 is posted on duty at Police Station Handesra stands suspended from duty immediately from today due to case registered against him by Vigilance Department.

Sd/-

District Commander,

Punjab Home Guards, Patiala"

5. The petitioner is assailing aforesaid suspension order. Mr. Aman Dhir, learned State Counsel, during the course of hearing, handed over copy of order dated 21.10.2024 whereby petitioner has been called off. The order dated 21.10.2024 is reproduced as below: -

"Guard Mahinder Ram No.30617 against F.I.R. No. 14 Dated 28.09.2019 under Section 7 P.C. Act, 1988 as amended by P.C (amendment) Act, 2018 at Police Station Handesra due to registered said FIR through this office's Endtt. No.PHG 2019/B-2/3078-83 on dated 30.08.2019 had been suspended. Standing Order issued by State Head Office Punjab Home Guards Chandigarh PHG-2023/A-9/ Memo no.5468-91 dated 05.09.2023 and Call out-2024/A-9/PHG/386-409 on dated 10.01.2024 taking action accordingly, the concerned is Call Off from the date of suspension. No allowance will be paid to the concerned during this period.

Sd/-

District Commander,

Punjab Home Guard,

Patiala "

6. Faced with aforesaid order, learned counsel for the petitioner confines his prayer qua subsistence allowance and seeks liberty to avail remedy, as permissible by law, against the said order. Petition qua challenge to suspension order, with liberty aforesaid, stands dismissed.

7. In view of aforesaid development, issue before this Court is confined to entitlement of petitioner to subsistence allowance for the period of suspension.

8. Learned counsel for the petitioner submits that members of Home Guards are governed by Punjab Home Guards Act, 1947 (for short '1947 Act') read with Rules made thereunder. There are Rules governing conditions of service of members which include pay and allowances, discharge from service, resignation, dismissal from service etc. There is no Rule which governs suspension period. The respondent has power to discharge/dismiss from service but there is no provision with respect to suspension from service. The Government of India has made a Compendium of Instructions wherein there is power with Commandant General or Commandant to suspend any Home Guard. The petitioner has been dismissed from service during the pendency of instant petition. The order of dismissal from service confirms that he was under suspension. No disciplinary proceedings were ever pending against him. The respondent cannot deprive him from the benefit of subsistence allowance.

9. Per contra, learned State counsel submits that petitioner as per judgment of Supreme Court is a volunteer. He is not an employee of the respondent-State. He, in true sense, is a daily wager and can be called off at any point of time. The volunteers are called on as per requirement and can be called off in case