Himachal Pradesh High Court
Sh. Gita Ram Sharma vs State Of H.P on 22 March, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
ON THE 22nd DAY OF MARCH, 2022,
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL.
.
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1752
OF 2020.
Between:
1. SH. GITA RAM SHARMA,
S/O SH. INDER SINGH, R/O VILLAGE
DAGRANA, P.O. SAHARAN,
TEHSIL PACHHAD, DISTT. SIRMOUR, HP.
2. LEKH RAJ, SH. DHARAM PAL,
S/O SH. BALDEV SINGH, R/O VILLAGE
DINGRI DHINI, P.O. MALHOTI,
TEHSIL PACHHAD, DISTT. SIRMOUR, HP.
r ...PETITIONERS
(BY MR. RUPINDER THAKUR, ADVOCATE)
AND
1. STATE OF H.P. THROUGH PRINCIPAL
SECRETARY (HOME) TO THE
GOVERNMENT OF H.P, SHIMLA, HP.
2. THE COMMANDANT GENERAL,
HOME GUARDS, HEADQUARTER
AT U.S. CLUB, SHIMLA, HP.
3. THE COMMANDANT, HOME GUARDS,
4TH BATTALION NAHAN, DISTT. SIRMOUR, HP.
...RESPONDENTS
(BY MR. DINESH THYAKUR, MR. SUMESH RAJ & MR.
SANJEEV SOOD, ADDITIONAL ADVOCATE GENERALS)
_____________________________________________________________
WHETHER APPROVED FOR REPORTING? No
________________________________________________________________
This petition coming on for orders this day, the Court
passed the following:
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JUDGMENT
When this case was taken up for consideration, learned counsel for the petitioners have drawn the attention of .
this Court to the order passed by the Hon'ble Division Bench in CWP No.1142 of 2022, titled as Dalip Singh Vs. State of H.P., & Ors., and he prays that as the petitioners are similarly situated to the petitioner in the above mentioned Writ Petition, the petitioners herein will be satisfied in case this Writ Petition is disposed of with the same observations as were made by the Hon'ble Division Bench.
Learned Additional Advocate General submits that the case of the petitioners are clearly distinguishable on facts itself as herein the petitioners were issued show cause by the concerned Department which is apparent from the stand so taken by the State in its reply and, therefore, it cannot be said that the present petitioners are similarly situated as the petitioner in CWP No.1142 of 2022, simply because the said petitioner is also happens to be an Ex-Home Guard.
Be that as it may, as this Court is not expressing any opinion on the merit of the case, this Writ Petition is disposed of solely on the request so made by learned counsel for the petitioners with the observation that the Competent Authority may examine the contentions of the petitioners in the light of the judgment of the Hon'ble Coordinate Bench in CWP No.3628 of 2020, titled as Inder Singh Vs. State of HP and Ors., decided on ::: Downloaded on - 23/03/2022 20:12:29 :::CIS 3 05.01.2021, which stands referred in CWP No.1142 of 2022 also and take appropriate decision thereupon. It goes without saying that in case the petitioners so desire, then personal hearing be .
given to them. Let, needful positively be done within a period of four weeks from today.
(Ajay Mohan Goel)
Judge
March 22, 2022
(vinod)
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