- (1.) THE petitioner has approached this Court seeking quashing of orders dated 23.04.2011, 13.05.2011 and 11.07.2011.
(2.) HEARD the learned counsel appearing for the parties and perused the documents on record. The brief facts of the case are that, the petitioner was appointed as a member of Home Guards on 26.10.1989. In the year, 2009 one Satyanarayan Mandal made a complaint against the petitioner and an enquiry was conducted into the matter. The enquiry officer submitted a report on 20.02.2010 and another enquiry report was submitted on 23.03.2011. By the impugned order dated 13.05.2011, the petitioner was discharged from service. Pursuant to order dated 13.05.2011, order dated 11.07.2011 has been passed by the Commandant Jharkhand Home Guards, Godda.
(3.) A counter -affidavit has been filed on behalf of respondent no. 4 stating as under: 9. "That it is humbly stated and submitted that again on the instruction of homeguard headquarter Ranchi memo no. 175/c dated 09.09.2010, the then Divisional Commandant Jharkhand Homeguard hazaribagh/Dumka made an enquiry in Godda against Mr. Monoj Kumar Mandal and submitted his enquiry report to Director General -cum -Commandant General Jharkhand homeguards Ranchi vide letter no. 01 dated 23.04.2011. 10. That it is humbly stated and submitted that on the basis of his findings in his detailed enquiry report he recommended for discharge of homeguard 1439 Mr. Manoj Kumar from the from under suitable sections of homeguards rule. Commandant General homeguards is empowered to discharge a homeguard as described in section 7 sub section IV of Bihar homeguard rule 1953." ;