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Judgment
17 paragraphs · 399 wordsSureshwar Thakur, J
The writ petitioner became enrolled, as, a volunteer in the Home Guards, in the year 1997, and, continued, as such, upto the year 2001. However,
through, show cause notice (Annexure R-1), the petitioner was asked to explain, within a period of seven days, as to why, he remained absent during
the dates of course/duty, and, through Office Order (Annexure P-1), the respondent concerned discharged the service of the petitioner, as, a
Volunteer, in Home Guards, for not replying the show cause notice (Annexure R-1).
Be that as it may, the effects of all the afore may, become undone, rather only for ensuring that since, the writ petitioner, is otherwise, not, declared,
in the reply, on affidavit, sworn by the respondent, to be unfit, for performing the apposite duties, nor, is declared therein, to, during the tenure, of, his
service as a Volunteer in the Home Guards, qua his not performing his duties, with lack of efficiency, and, or his mis-conducting, himself, (i)
thereupons, besides when the perusal, of, Annexure P-2, discloses that the persons aspiring to be re-enlisted as Volunteer(s) in the Home Guards, are
not, to cross the prescribed therein age bar of 50 years, (ii) thereupon, when it is stated at the Bar by the learned counsel for the petitioner, that the
writ petitioner has not crossed the apposite age bar, hence, the respondents concerned, are, directed to, subject, to his also meteing compliance with
Rule-3, of Annexure P-3, inasmuch as, his being (a) not less than 18 years and not more than 50 years of age, (b) is of good moral character; (c) is
physically fit to undergo arduous out-door duties and has been medically examined and found to be of normal health; (d) is at least literate in Hindi; (e)
is not wholly engaged in any course of study in any educational institution and has an employment or profession; (f) is not a member of the Territorial
Army; (g) takes an oath of allegiance to the constitution of India and to the Government of Himachal Pradesh as laid down in the form of pledge
appended to these rules, hence proceed to consider the request of the petitioner, for, his re-enrollment, as a Volunteer in the Home Guards.
In view of the above, the writ petition is disposed of. Also, the pending application(s), if any, are disposed of. No costs.