Removal from service without adhering to the principles of natural justice (Audi Alteram Partem), specifically without a show-cause notice or enquiry, is illegal, particularly when the employee is subsequently acquitted in the underlying criminal cases.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the orders passed in D.O.No.06/2018, dated 31.01.2018 imposing a punishment of removal from service passed by the 2nd Respondent as illegal, improper, unjust, arbitrary and contrary to Law and further set aside the orders passed by the 2nd Respondent in PD.O.No.06/2018, dated 31.01.2018 by reinstating the Petitioner into service as a Home Guard and pass

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to direct the 2nd Respondent to reinstate the Petitioner into service as a Home Guard by suspending the orders passed by the 2nd Respondent in D.O.No.06/2018, dated 31.01.2018, pending disposal of the above Writ Petition and pass

The Court made the following order:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-I.

2. The writ petition is filed challenging the order of removal dated 31.01.2018 passed by the Superintendent of Police removing the petitioner from the post of Home Guard on the ground that he was involved in criminal case in Crime No.7 of 2016 under Section 341, 323, 143 r/w. 34 IPC of Irala Police Station and Crime No.8 of 2016 under Section 341 & 186 r/w. 34 IPC of the very same Police Station.

3. Learned counsel for the petitioner submits that the respondents have not issued any Show-Cause-Notice nor conducted any enquiry and solely based on registration of FIRs, he was removed from the service. He further submits that in both the criminal cases, the petitioner was acquitted vide judgment dated 30.03.2016 in C.C.No.74 of 2016 and judgment dated 15.09.2017 in C.C.No.75 of 2016. He also submits that issue is covered by the orders dated 15.07.2025 passed in W.P.No.23101 of 2021 & batch, wherein, this Court after considering the contentions therein, in elaboration had concluded as under:-

“…..15. Despite the respondents having terminated the petitioners without adhering to due process and the Audi Alteram Partem doctrine, the justification or otherwise for the terminations remain to be examined after issuance appropriate show cause notices. There may be valid grounds for the discontinuation also. However, this Court in the light of the conclusions arrived at supra and the orders in W.P.No.35460 of 2013 & batch dated 08.06.2018 as also in the better interest of the petitioners / Home Guards opines that they shall attend and pass the physical fitness test to be conducted by the respondent authorities. Depending on the result in the physical fitness test, the deserving candidates shall be reinstated as Home Guards. Any such reinstatement, however, shall not confer benefit of any kind to the Home Guards / petitioners like seniority, back wages etc……”

4. In the above case, the orders of terminations were set-aside with a direction to the respondents to reinstate the petitioners therein, subject to passing of physical test and depending upon physical fitness.

5. Considering the facts and circumstances of the present case and also in view of the judgment referred to above, the order of termination dated 31.01.2018 is set aside. The respondent authorities are directed to consider the case of the petitioner for reinstatement, subject to physical fitness as directed in the above said W.P.No.23101 of 2021 & batch.

6. Accordingly, the writ petition is allowed. The