- (1.) Heard Shri Shailesh Verma, learned counsel for the petitioner and Shri Piyush Shukla, learned Standing Counsel for all the respondents.
(2.) The petitioner is before this Court assailing the validity of the impugned order dated 16.12.2016 passed by the respondent no.5, District Commandant of Home Guards, Hapur, by which the certificate of appointment of the petitioner has been cancelled and for directions to the respondents to treat him continuity in service and to pay arrears of salary alongwith consequential benefits.
(3.) Brief facts giving rise to the writ petition are that under the provisions of Section 3 of U.P. Home Guards Act, 1963 (in short, the Act) the Home Guards has been established as 'Swayam Sewak Dal'. Section 5 of the said Act provides that the home guards are enrolled on the basis of an agreement and on calling such members are performing their duties partly and they are paid their daily allowances on the basis of per day as prescribed by the State Government. The petitioner was enrolled as Home Guards Cadet under Section 7 (11) of the Act on 2.7.2001 in Company No.6 at District Hapur. A letter dated 29.7.2016 was issued by the Home Guards Headquarter, U.P. Lucknow directing to stop the proposed Dharna to be held by the Home Guards Association on 8.8.2016 and the list of marked Home Guards Cadet was given to the then Superintendent of Police, Hapur vide office letter dated 8.8.2016. As per attendance register, it has been claimed that the petitioner was found absent from duties from 1.8.2016 to 8.8.2016 but after manipulation of absent marked as "A" he put his signatures in the attendance register and received payment of whole month. The then District Commandant, Homeguards had issued a show cause notice on 2.11.2016 asking the petitioner to respond.;