Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR
Mahesh Singh – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
Ajit Kumar, J.
1. In all the above petitions petitioners are aggrieved by the impugned orders passed by the competent authority terminating the services of the petitioners by taking aid of the Government order dated 18th August, 2023 which provides for termination of services of such home guards, who have been chargesheeted in a criminal case in respect of offences for which prescribed sentence is more than 7 years under the criminal penal code.
2. It is argued for the petitioners that so long as the Government order dated 18th August, 2023 remains in force, the order impugned terminating the service of the petitioners cannot be questioned for the reason that they have been chargesheeted in criminal case for an offence for which sentence provided is more than 7 years. So, challenge basically laid to the Government order dated 18th August, 2023 in all these petitions insofar as its clause (6) is concerned.
3. It is argued by learned counsel for the petitioner that not only clauses (5) and (6) are discriminatory as there is no intelligible differentia available to the State respondents inserting these provisions but providing classification between two sets of employees, one f
Classification based on sentence severity for disciplinary action against chargesheeted individuals is discriminatory under Article 14, lacking rational justification and violating principles of equa....
Continuous service of Home Guards transforms their status from volunteers to de facto employees, entitling them to equal pay and benefits under constitutional principles.
The main legal point established in the judgment is that disciplinary actions against Home Guards must comply with the statutory requirements, and the fundamental rights of the individuals must be up....
A.P.Police Manual or Police Standing Orders are not binding on the Home Guards since Home Guards are governed by A.P. Home Guards Act, 1948 and rules framed thereunder in view of the adoption of the ....
The Court directed the State to ensure continuous deployment of Home Guards, acknowledging their service as essential and requiring equitable treatment consistent with constitutional rights to liveli....
Home Guards are civil servants entitled to due process under Article 311(2) of the Constitution, necessitating a fair inquiry before removal.
The main legal point established in the judgment is the need for proportionality in imposing penalties, the requirement for adequate evidence to support charges, and the importance of addressing disc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
