By means of this writ petition the petitioner has challenged the order of dismissal from the post of Non-salaried Company Commander Home Guard.
Learned Standing Counsel appearing for the State-respondents objected to the maintainability of the writ petition on account of decision rendered in the cases of Riasat Ali Vs. State of U.P. & others, 2003(4) AWC 3046 and State of Gujarat and another Vs. Akshay Amrutlal Thakkar, AIR 2006 SC 943 whereas learned counsel appearing for the petitioner relies upon a decision of the Hon'ble Supreme Court in the case of State of West Bengal & others Vs. Pantha Chatterjee and others, (2003) 6 SCC 469.
The grievance raised in this writ petition is that without affording any opportunity or without holding any enquiry the petitioner's service has been dispensed with.
The matter requires consideration.
Let counter affidavit be filed by the respondents within one month.
List thereafter.
Order Date :- 24.2.2014 SKM