JUDGMENT & ORDER :

A.GUNESHWAR SHARMA, J.

[1] Heard Mr. Kh. Tarunkumar, learned senior counsel assisted by Ms. Kh. Maria, learned counsel for the petitioner and Mr. Shyam Sharma, learned G.A. for the State respondents.

[2] WP(C) Nos. 478 of 2022, 479 of 2022 and 480 of 2022 are filed by the petitioners for quashing/setting aside the impugned orders dated 30.06.2022 issued by the Commandant Home Guards (VA), Manipur Lamphelpat, Imphal and letter dated 29.06.2022 issued by the Addl. Director General of Police (HG), Manipur and directing the respondents to reinstate the petitioners to their post/rank of Divisional Commander (unpaid) within a stipulated period with all the consequential benefits including back wages. However, WP(C) No. 539 of 2023 is filed by the petitioner who is also petitioner in WP(C) No. 478 of 2022 for directing the respondents particularly respondent No. 4 to allow the petitioner to discharge his duty as Divisional Commander of Battalion-I (HQ) of the Manipur Home Guards within a stipulated time.

[3] The petitioners were initially appointed as member of the Manipur Home Guards by giving their Home Guard Nos. 81268, 92185 and 932005 vide orders dated 13.05.1982, 28.10.1996 and 22.12.1993 issued by the Commandant Home Guards (VA), Government of Manipur. Vide orders dated 06.04.1992, 22.09.2001 and 03.03.2020, the petitioners were promoted to the rank of Company Commander. Thereafter, vide orders dated 08.12.2020, 04.04.2012 and 28.05.2017, the petitioners were again promoted to the rank of Divisional Commander in the Manipur Home Guard.

[4] A Show Cause Notice dated 23.06.2022 was issued by the Addl. DGP (HG), Government of Manipur to the petitioners wherein they were asked to submit their comments to the enquiry report submitted by the IGP (Zone-III) within 3 (three) days wherein it was found that they were allegedly involved in illegal collection of money from the Home Guard Personnel. On 25.06.2022, the petitioners submitted their reply to the Show Cause Notice dated 23.06.2022 wherein they denied the charges levelled against them and on 29.06.2022, the Addl. DGP (HG), Government of Manipur wrote a letter to the Commandant, Home Guards (VA), Manipur wherein the approval was accorded for discharge of the petitioners on the charge of their gross misconduct.

[5] In pursuance to the letter dated 29.06.2022, the Commandant, Home Guards (VA), Government of Manipur issued an order dated 30.06.2022 whereby the petitioners were called off from duties and they were struck off from the strength of the Manipur Home Guards Organization and on the same day, the Commandant, Home Guards issued another order whereby the petitioners were discharged from their duties for their gross act of misconduct. Being aggrieved by the aforesaid discharge order, the petitioners filed the present writ petitions before this Court by challenging the legality of the said discharge order.

[6] Respondent Nos. 2, 3 & 4 filed counter affidavit stating that as per the enquiry team report headed by the Inspector General of Police (Zone-III), Manipur and other officers, some MR/IRB personnel along with some Home Guard personnel were found to be involved in manpower mismanagement and illegal collection of money from Home Guard personnel and MR/IRB personnel. The present petitioners have been examined and heard in persons by the enquiry team and their statement have been recorded and, in their statements, they have admitted the illegal collection of money and manpower mismanagement in collusion with few personnel of Home Guards and MR/IRB. As such, exemplary actions need to be taken against them for their involvement in illegal collection of money. Thereafter, a show cause notice was served to the petitioners by giving them a reasonable opportunity for their defence as to why action should not be taken against them for their grave misconduct.

[7] It is stated that the show cause notice dated 23.06.2022 submitted by the petitioners was carefully examined and