Manoj Kumar v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 23951 of 2025 Date of Decision: 27.08.2025 Manoj Kumar ....Petitioner vs.

State of Haryana and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Nafeesh Ahmed, Advocate for the petitioner Mr. Ashok Kumar Khubbar, Addl. A.G., Haryana Assisted by Ms. Seema Chauhan, ADA, Home Guards *** JAGMOHAN BANSAL, J. (ORAL) 1.

On 20.08.2025, the following order was passed by this Court:- "1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 19.06.2024 (Annexure P-8) whereby respondent No.2 has rejected his appeal. He is further seeking direction to respondent to re-enroll him as Member of Home Guards.

2.

The petitioner was enrolled as Member of Home Guard on 02.02.2005. He was disengaged without show cause notice and opportunity of personal hearing. He made persistent efforts for his reinstatement. He made representations dated 12.04.2021 and 22.10.2021 but to no avail. The respondent has re-enrolled many Home Guards vide letters dated 16.04.2019, 13.05.2019 and 04.06.2019 but petitioner was not enrolled. He served legal notice dated 14.03.2023 which was followed by writ PARAMJIT KAUR SAINI 2025.08.27 02:02 I attest to the accuracy and integrity of this document

CWP No. 23951 of 2025 -2petition i.e. CWP No.12840 of 2023 before this Court. The said petition was withdrawn with liberty to file appeal before Appellate Authority. The appeal was dismissed on 19.06.2024 on the ground that petitioner remained absent during election duty. The discharge of petitioner is in gross violation of Rule 29 of Haryana Home Guards Rules, 1980.

3.

On request of learned counsel for the petitioner, adjourned to 27.08.2025."

2.

Learned State counsel, on instructions, concedes that no discharge order has been passed. He further submits that discharge order in terms of Rule 29 of Haryana Home Gaurds Rules, 1980 would be passed within four weeks from today. The petitioner would be granted opportunity of hearing.

3.

In the wake of statement of learned State counsel, the petition stands disposed of with a direction to respondent to grant an opportunity of hearing to petitioner before passing any adverse order. (JAGMOHAN BANSAL) JUDGE 27.08.2025 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2025.08.27 02:02 I attest to the accuracy and integrity of this document