A.RAVI KUMAR Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner, who was working as Home Guard, to issue Writ of Certiorari, call for the records connected with removal order passed by the 3rd respondent in proceedings C.No.1863/H.I/2017 and D.O.No.33/2017, dated 31.10.2017, without conducting an enquiry as per the provisions of the Home Guard Act, 1948 and Madras Home Guard Rules, 1949 and to set aside the same.

(2.) This Court has heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondents.

(3.) Learned counsel for the petitioner argues that the petitioner was working as Home Guard, he was absent from duties from 28.12.2016 to 10.04.2017. The ground furnished by the petitioner for his absence from duties is the sickness of his mother, who has been bed ridden. Thereafter the petitioner alleges that he was served with a show cause notice, dated 17.06.2017, to which an explanation was given. However, without considering the same, without conducting an enquiry and without following the procedure prescribed under Section 7 (4) of the Home Guards Act, 1948 (in short "the Act"), petitioner was removed from services. This action of the respondents that is being challenged by the petitioner. Learned counsel for the petitioner relies upon the removal order dated 31.10.2017 and argues that this order is totally contrary to the provisions of Section 7 (4) of the Act, which provides that before the punishment is imposed a notice should be given of the proposed penalty. He relies upon the Division Bench Judgement in a Batch of Writ Petitions bearing W.P.No.35460 of 2013 and Batch, wherein the said provisions of the Act were considered with regard to the Home Guards and prays for an order in the above lines.