JADEJA DEVUBHA DIPSINJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition by the petitioner under Article 226 of the Constitution of India, seeking to challenge the order passed by Respondent No.5-Office of Commandant General Home Guards, Gujarat State, Ahmedabad, Dated: 28.01.2008, so also the order passed by Respondent No.2 dated 20.06.2016.

(2.) The brief facts of the case are that the petitioner came to be appointed on the post of Home Guard / Border Battalion Commandant No.4, Border Wing, Nalika-Kachchh under Bombay Home Guards Act, 1947. The petitioner continued to discharge his duties till 2005, when his services came to be terminated for the first time. However, later on, he was reinstated. It appears that Respondent No.4 vide order dated 28.01.2008 canceled the appointment order of the petitioner without affording an opportunity of hearing. The petitioner, therefore, preferred an appeal before Respondent No.3 against the order 28.01.2008 under Section 6-B(3) of the Bombay Home Guards Act, 1947. Pursuant thereto, Respondent No.5 vide order dated 02.02.2011 rejected the appeal of the petitioner. Being aggrieved with the same, the petitioner filed a revision application before Respondent No.2 against the order passed by Respondent No.5, who in turn rejected the same vide order dated 20.06.2016. Hence, the present petition seeking following reliefs:

(3.) This Court in case of the similarly situated persons being Special Civil Application No.17025 of 2015 and the allied matters, observed and held as under: