HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.28730 OF 2022

ORDER:

Heard Sri B.Ashok, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services Home appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a Writ, order or direction, more particularly a Writ of Mandamus, declaring the action of the respondent in passing the impugned orders of the 3^rd respondent in D.O.No.746/2016,No A9/01/HGs/2015- 16, dated 04.04.2016 wherein removed the petitioner from the rolls of Home Guards Organization on the ground of long absent to duty without following the due procedure contemplated under law as illegal, improper, unjust, arbitrary, contrary to law and also violation of principles of natural justice and set aside the same so far as the petitioner is concerned by further directing the respondents to reinstate the petitioner in to service as Home Guard and pass…”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner enrolled as a Home Guard on 25.06.2012 under the control of the 3rd respondent in Medak District and had been discharging duties. The petitioner was also assigned to the Motor Transport (MT) Section, having held a valid LMV Driving License.

It is further the case of the petitioner that the petitioner’s father suffered a paralytic stroke on 15.08.2013 and the petitioner being the only son was compelled to return to the petitioner’s native village to provide necessary care and medical attention. The petitioner has informed the superior officers of the said circumstances.

It is further the case of the petitioner that in January 2014, the petitioner approached the office of the 3^rd respondent and sought to rejoin duty. However, the petitioner was not permitted to do so, despite making repeated oral representations and a written representation dated 23.01.2017 requesting reinstatement, no positive response was received from the authorities.

It is further the case of the petitioner that subsequently, the

3^rd respondent issued proceedings D.O.No. 746/2016, No.A9/01/HGs/2015-16, dated 04.04.2016 removing the petitioner from the rolls of Home Guards on the ground of long absence from duty. The petitioner contends that the said removal was done without issuing any notice, conducting any enquiry, or giving the petitioner an opportunity to be heard. Aggrieved by the same the petitioner filed the present writ petition.

4. PERUSED THE RECORD:-

A. The order impugned D.O No.746/ 2016, No.A9/ 01/ HGs/ 2015-16, dated 04.04.2016 issued by the

3^rd respondent is extracted hereunder:-

The Disciplinary committee meeting consisting of Superintendent of Police Medak Chairman, Commandant Telangana Region, Convener & DSP HGs., Nizamabad Member was held on 03-04- 2016 at District Police office Medak and taken decision on the (24) following Long Absent Home Guards have been removed from the roll of the Home Guards organization with immediate effect in terms of instructions contained in Chief office Circular Memorandum 167/HG/Esst-1/2012, Dt:25-02-2012, r/w

673/HG/Esst-1/2012, Dt: 18-09-2012, The orders are sent in duplicate with instructions to serve on them and return the dated acknowledge copy this office.

B. The order of this Court, dated 28.11.2019 passed in W.P(TR) No.31 of 2019 is extracted hereunder:-

When the matter is taken up for hearing, learned counsel for petitioner submits that the issue raised in this writ petition is squarely covered by the Division Bench judgments of this Court in W.P.No.19455 of 2014 and batch dated 20.04.2018 and W.P.No.7784 of 2018 and W.P.(TR).No.3129 of 2017 dated 28.02.2019 and contends that the impugned removal order was passed without giving any opportunity to the petitioner in terms of Rule

7(4) of the Madras Home Guards Rules, 1949.

Learned counsel for petitioner further submits that the D