( 1 ) THE petitioner is aggrieved by the order dated 15. 10. 2004, Annexure-1 to the writ petition by which his assignment as a Company Commander has been cancelled by the Divisional commandant, Home Guards, Jhansi. The petitioner contends that the aforesaid order is violative of Articles 14, 16, 21 and 311 of the Constitution of India and before passing the aforesaid order no opportunity of hearing or show cause has been given to the petitioner. The petitioner has placed reliance on a Single Judge judgment of this Court in the case of Suraj Tiwari v. Zila commissioner, Home Guards, Hamirpur and Ors. , reported in 1998 (3) AWC 1623. It has been stated that while deciding the aforesaid case, the Honble Single Judge has adopted the reasoning of the earlier judgment delivered in the case of Vibhuti Narain Singh v. State and Ors. , reported in 1986 UPLBEC 1130. Various other grounds have been raised on behalf of the petitioner that though the petitioner was being paid honorarium, yet he was entitled for show cause notice and opportunity of hearing and as such in the absence of it, the order passed by the respondent is illegal and is liable to be quashed.

( 2 ) THE lea