Case Note & Summary
The petitioners, Shravanji Bachubhai Vaghela and others, filed a writ petition under Article 226 of the Constitution of India before the Gujarat High Court seeking a mandamus to continue their services as Home Guards and to restrain the respondents from terminating their services. The petitioners were appointed as Home Guards by the respondent authorities, but their services were terminated without issuing any termination order and without observing the principles of natural justice. The petitioners contended that they did not receive any termination order and sought an opportunity to approach the appellate authority, relying on a previous decision of the same Court dated 02.12.2025 in Special Civil Application No. 19848 of 2018. The respondent Nos. 1 and 2, represented by the Assistant Government Pleader, opposed the petition. The Court, after hearing both sides, noted that the issue was covered by the earlier decision. The Court allowed the petition and directed that the petitioners be permitted to approach the appellate authority within a period of four weeks from the date of receipt of the order. The appellate authority was directed to decide the appeal on its own merits without raising the issue of limitation, in accordance with law, within a period of eight weeks from the date of receipt of the appeal. The Court also clarified that if the petitioners approach the appellate authority, they shall be continued in service until the appeal is decided, subject to the outcome of the appeal. The petition was allowed accordingly.
Headnote
A) Service Law - Home Guard - Termination Without Notice - Principles of Natural Justice - The petitioners were appointed as Home Guards and their services were terminated without any termination order and without affording an opportunity of hearing. The Court held that the issue is covered by a previous decision of the same Court dated 02.12.2025 in Special Civil Application No. 19848 of 2018, and directed that the petitioners be permitted to approach the appellate authority within a stipulated period, with a direction to the appellate authority to decide the appeal on merits without raising the issue of limitation. (Paras 4.1, 6, 7)
Issue of Consideration
Whether the termination of services of Home Guards without issuing any termination order and without observing principles of natural justice is sustainable, and whether the petitioners should be permitted to approach the appellate authority.
Final Decision
The petition is allowed. The petitioners are permitted to approach the appellate authority within a period of four weeks from the date of receipt of the order. The appellate authority shall decide the appeal on its own merits without raising the issue of limitation, in accordance with law, within a period of eight weeks from the date of receipt of the appeal. If the petitioners approach the appellate authority, they shall be continued in service until the appeal is decided, subject to the outcome of the appeal.
Law Points
- Principles of natural justice
- Right to hearing before termination
- Home Guard service conditions
