JUSTICE v. NARASINGH ORDER
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 27263 of 2021 Dronacharya Rana …. Petitioner Mr. S. Swain, Advocate -versus- …. Opposite Parties 1. State of Odisha 2. Commandant General, Home Guards, Odisha-Cuttack 3. Commandant, Home Guards, Bolangir 4. Inspector-in-Charge, Kantabanji Police Station, Bolangir Mr. S.P. Das, ASC CORAM: JUSTICE V. NARASINGH ORDER 10.02.2025 Order No. 02. 1. Heard learned counsel for the Petitioner and
Legal Reasoning
learned counsel for the State. 2. Not entertaining the prayer of the Petitioner for re-enrollment as Home Guard is assailed in the present writ petition. 3. Learned counsel for the Petitioner submits that the Petitioner while working as a Home Guard was discharged for not being able to satisfactorily explain his absence, as per order dated 09.04.2012 passed by the Commandant, Home Guards, Bolangir. Page 1 of 6 4. And assailing the same, the Petitioner preferred an appeal which was negated by order dated 19.09.2013 and assailing the same, the Petitioner preferred a writ petition i.e. W.P.(C) No.2330 of 2016 and by order dated 11.02.2016, this Court disposed of the writ petition permitting the Petitioner to file a fresh representation before Opposite Party No.3 ventilating his grievances within a period of two weeks. 5. Accordingly the Petitioner submitted the fresh representation dated 22.02.2016 at Annexure-5. As no decision was taken by the authority, the Petitioner filed another application on 08.05.2018 as per Rule-4 of Odisha Home Guards Rules-1962 along with medical fitness certificate dated 07.10.2020. Yet, the case of the petitioner was not considered. Finding no other alternative the Petitioner preferred a writ petition i.e. W.P.(C) No.28844 of 2020 and by order dated 02.12.2020, this Court directed the Opposite Party No.3 to consider the representation filed by the Petitioner and pass appropriate order within a period of three months from the date of communication of the order. 6. Pursuant to the same, the matter was re- heard by the appellate authority and by order dated 19.03.2021 at Annexure-9, the grievance of the Petitioner was taken up for re-consideration by the Page 2 of 6 Commandant, Home Guards and the impugned order dated 19.03.2021 was passed. The relevant paragraphs of the impugned order at Annexure-9 are extracted hereunder:- “The appellant not applied before the competent authority after his discharge from Home Guards Origination, Balangir vide D.O No. 143 dtd.09.04.2012 with in the stipulated period of 30 days as per Rule-8 (4) of Orissa Home Guards Act-1961. As per Annexure-4 of WP(C) No.28844/2020 filed by Dronacharya Rana Vrs State of odisha and others, Commandant General Home Guards, Odisha. Cuttack instructed Commandant Home Guards Balangir vide memo No 9715/HGs dtd. 21.09.2013 to consider the case for Re-enrollment subject to found suitable meeting all the requirements and qualifications as per Rule 3 and 9 of the Home Guards Rule-1962 provided the appellant submit application in the prescribed proforma as per Rule 4 of the said Rule But, the appellant till date not applied in the prescribed proforma. Govt. in the meantime have directed vide Home Deptt. Letter No 8852/D&A dtd 22.02.2020 to stop recruitment and abolish the existing vacancies in the rank of Home Guards. As such this office may not consider the appeal the petitioner” for Re-appointment of Page 3 of 6 7. On a bare perusal of the impugned order, it can be seen that the claim of the Petitioner was negated on two counts, (i) he did not make the application for re-enrollment in the prescribed format (ii) by virtue of Home Department letter No.8852/D & A dated 22.02.2020, there is a direction to stop recruitment of Home Guards and abolish the existing vacancy in the rank of Home Guards. 8. It is the submission of the learned counsel for the Petitioner that in fact the Petitioner had applied in the proper format and he relies on Annexure-6 and it is his further submission that in view of the latest communication of the Inspector General of Police, F & ES & HGs, Odisha, Cuttack of the Directorate of Fire & Emergency Services, Home Guards & Civil Defence, Odisha addressed to the All Commandant, Home Guards & Civil Defence, Odisha including DCP-cum- Commandant, Home Guards, Bhubaneswar and Cuttack UPD, at Annexure-10 Series dated 20.01.2025 relating to enrollment of Home Guards, both the grounds on which his claim was rejected are no longer tenable. Hence, there is no bar to grant the relief as prayed for. 9. Learned counsel for the State, Mr. Das opposes the prayer and referring to the counter affidavit submits that since there is a factual dispute regarding submission of the application in proper Page 4 of 6 format, the same cannot be gone into in the writ petition. 10. And, in terms of the order passed by the Home Department, there was no option left with the Commandant, Home Guards but to pass the impugned order, since at the relevant time the notification dated 20.01.2025 has obviously not seen the light of the day. 11. It is stated by the learned counsel for the Petitioner relying on the letter dated 02.01.2025 of the Assistant Commandant, ERSS, ERV Management, SERC Bhubaneswar that there is requirement of 42 Home Guards. 12. Considering the competing claims and taking into account the notification which was brought on record by way of memorandum lifting the ban on engagement of Home Guards and for filling up the vacant post, this Court is of the considered view that interest of justice would be subserved if the matter is taken up for fresh consideration by the appellate authority. 13. Accordingly, the writ petition is disposed of giving opportunity to the Petitioner to renew his prayer before the appellate authority within four weeks hence along with the copy of this order in the light of the communication dated 20.01.2025 relating Page 5 of 6 to enrollment of Home Guards and enhancement of Home Guards strength as per letter dated 02.01.2025 of the Odisha State Emergency Response Centre Odisha, Bhubaneswar addressed to the SP-cum- Commandant, Home Guards, all police Districts. It is pertinent to note that the present writ petition relates to Bolangir District which is at Serial No.2 and in terms of such communication dated 02.01.2025 there is requirement of 42 Home Guards. 14. It is made clear that while considering the grievance of the Petitioner on merits, the ground that the Petitioner did not apply in the prescribed format shall not weigh with the authorities. 15. The exercise of such consideration shall be completed within two months from the date of receipt/production of copy of this order along with representation as directed. 16. Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Feb-2025 11:49:24 Page 6 of 6