PANKAJ KUMAR SRIBASTAB Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Mr.P.Mohapatra,learned Additional Standing Counsel on behalf of the State.

(2.) This is a third round of litigation. The petitioner being aggrieved by order 30.03.2017 passed by the Commandant General, Home Guard, Odisha, Cuttack has approached this Court under Articles 226 and 227 of the Constitution of India praying inter alia for quashing of the order dated 17.01.2015 and 30.03.2017 vide Annexures-4 and 6 to the writ application and a further prayer has been made for a direction to opposite party No.3 to reinstate the petitioner in services with all financial and consequential benefits including the full back wages.

(3.) The brief facts of the case as has been disclosed in the writ petition is that the petitioner after being duly selected as Home Guard, joined in his duty on 01.02.2010 under opposite party No.4. After undergoing the training course, he was discharging his duty with utmost sincerity. While continuing as such in pursuance of a notice vide letter dated 27.11.2014 on the basis of allegation, the petitioner was asked to submit his show cause reply within a period of 30 days as per Annexure-2. Whereafter the petitioner submitted his show cause reply denying all the charges levelled against him. The opposite party No.3 after considering of the show cause reply discharged the petitioner from service on the ground that his service is no more required in the organization. Being aggrieved by the order of discharge dated 17.01.2015 the petitioner approached this Court in W.P.(C) No.4760 of 2016 for quashing of the said order and the writ application was disposed of on 21.06.2016 with liberty to the petitioner to file appeal before the Commandant Geneal, Home Guard who disposed of the appeal as per Rule 4(a) of the Orissa Home Guards (Appeal) Rules, 1963 and vided order dated 10.08.2016. Being aggrieved by the aid order, the petitioner filed another writ application vide W.P.(C) No.21785 of 2016 praying inter alia for quashing the order vide Annexures-4 and 5 with a prayer for reinstatement in service and this Court vide order dated 16.06.2017 has been pleased to dispose of the writ application.