Court No. - 6
Case :- WRIT - A No. - 13520 of 2020 Petitioner :- Home Guard No 1034 Raja Ram And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
By means of the impugned show cause notice dated 01.10.2020 issued by the respondent No.3-District Commandant (Home Guards) Banda, the petitioners have been asked to show cause in regard to certain acts of misconduct included creation of forged muster rolls. The petitioners have joined the proceedings and also tendered their reply to the show cause notice.
Learned Standing Counsel contends that lawful disciplinary proceedings are on foot against the petitioners. There is no cause of interdicting at the same at this stage.
Faced with this Sri Birendra Singh, learned counsel for the petitioners does not press the relief sought. He recasts the prayer.
Sri Birendra Singh, learned counsel for the petitioners submits that the petitioners shall cooperate in the proceedings before the competent authority. However, the same may be decided within a stipulated period of time.
In light of the submissions of the respective parties, this writ petition is finally disposed of with the following directions:
1. The matter is remitted to the respondent No.3- District Commandant (Home Guards) Banda.
2. A writ in the nature of mandamus is issued commanding the respondent No.3-District Commandant (Home Guards) Banda, before whom the enquiry is pending, to decide the controversy within a period of four months within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad along with a fresh copy of the show cause notice.
The computer generated copy of such order shall be self attested by the petitioner (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
3. The petitioners are directed to cooperate in the proceedings before the respondent No.3-District Commandant (Home Guards) Banda.
4. The respondent No.2-Divisional Commandant (Home Guards), Chitrakoot Dham Mandal, Banda and the respondent No.3-District Commandant (Home Guards) Banda shall furnish all adverse material to the petitioners upon which reliance is proposed to be placed before passing any final order.
Order Date :- 8.1.2021 Ashish Tripathi