DIDAR SINGH Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) Petitioner has approached this Court praying for quashing of order dated 21.09.2016 (Annexure P-2) passed by the Commandant General Home Guards-cum-Inspector General of Police, Union Territory Chandigarh, vide which the petitioner was discharged from the rolls of Chandigarh Home Guards Organization as his services were no longer required.

(2.) It is the contention of the learned counsel for the petitioner that the petitioner was initially enrolled as a Home Guard Volunteer on 14.02.2000 and worked as such till the date of his discharge i.e. 23.01.2014. Thereafter, he was re-enrolled as Home Guard Volunteer on 12.01.2015 and continued as such till the passing of the impugned order dated 21.09.2016 (Annexure P-2). During this period, his work and conduct was never adversely commented upon. She contends that a false criminal case relating to sale of liquor was registered against the petitioner being FIR No.115 dated 02.09.2016, under Section 61 of the Punjab Excise Act, 1914, at Police Station Kurali, for alleged recovery of 11 bottles of liquor namely 'Everyday Prestige Whiskey' for sale in Chandigarh only.

(3.) Another contention which has been raised by the learned counsel for the petitioner is that the FIR, in which the petitioner has been found to be involved, is a false case which has been foisted on him. She contends that after the trial, petitioner has been acquitted of all charges by the Judicial Magistrate 1st Class, Kharar, vide judgment dated 25.09.2018, wherein it has clearly been recorded as a finding that the possibility of imposing a false recovery upon the petitioner could not be ruled out. In this regard, she has referred to the judgment dated 25.09.2018 (Annexure P-3). On the basis of the above, counsel for the petitioner states that the petitioner has been falsely implicated in a criminal case, for which he cannot be held responsible and the impugned order of discharge dated 21.09.2016 (Annexure P-2) cannot sustain and deserves to be set aside.