STATE OF GUJARAT Vs. HARISHKUMAR DHANIRAM VAISHYA

JUDGEMENT

(1.) This appeal under Clause 15 of Letters Patent is filed against oral judgement dated 26.4.2018 rendered in Special Civil Application No. 16196 of 2016 by learned Single Judge, whereby prayer to quash and set aside order dated 17.6.2016 passed by District Commandant, Home Guards, Ahmedabad City in the writ petition filed under Article 226 of the Constitution of India, whereby learned Single Judge allowed the writ petition by quashing and setting aside the above order and directed respondents to reinstate the petitioner in service with continuity and full back wages.

(2.) For the sake of convenience and facts remained undisputed, we reproduce paragraph 2.1 of the judgement impugned before us:

(3.) Learned Single Judge by noticing peculiar facts, namely, that the petitioner who was serving as a Home Guard with respondent, never disobeyed any order of superior and on the contrary he was asked orally by his superior not to go to Valsad for election duty inspite of readiness and willingness on the part of the petitioner to do so and instead was asked to attend security arrangement of "Rath Yatra", a huge religious procession which requires to maintain law and order imposed in the city of Ahmedabad, the petitioner obeyed and performed the duty at Ahmedabad, which resulted into termination of service of the petitioner by invoking the provisions under Section 6B(1) of the Bombay Home Guards Act.