SBCWP NO.15297/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.15297/2010. Omdutt Versus Commandant General Nagrik Suraksha & Grah Raksha Mukhyalaya, Jaipur Rajasthan & Ors. Date of order : 19/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Dilip Mudgal for the petitioner. ****** BY THE COURT:- Contention of learned counsel for the petitioner is that petitioner was discharged from the post of Home Guard under Rule 8(2) of the Rajasthan Home Guards Act, 1963 vide order dated 27/4/2006 on the ground that he was found involved in an offence u/S.392 IPC and was arrested in connection therewith. Learned counsel cited the order passed by the Judicial Magistrate, Ist Class No.2, Bharatpur dated 29/3/2007 to argue that petitioner has been acquitted by the aforesaid order as charge has not been proved against him beyond reasonable doubt. Petitioner thereafter made a representation to the Commandant (Superintendent of Police) Home Guards, Bharatpur on 25/4/2007 but he has forwarded the matter of the petitioner to Senior Staff Officer (Defence) & Home Guards, Headquarters Rajasthan Jaipur on 25/4/2007 itself but so far no decision has been taken on his SBCWP NO.15297/10. 2 matter. Petitioner ultimately served upon the respondents notice for demand of justice on 21/7/2008 but still nothing has been done thereafter. Having regard to the fact that the sole premise of discharge from Home Guard vide order dated 27/4/2006, i.e. his involvement in a criminal case, I ceased to exist that petitioner has been acquitted, instead of directly entertaining this writ petition, I require the petitioner to again make a representation to the Commandant (Superintendent of Police) Home Guards Bharatpur, who shall consider and decide the representation submitted by the petitioner for his reinstatement in service within a period of three moths from the date such representation is made. With the aforesaid direction, this writ petition is disposed of. (MOHAMMAD RAFIQ), J. anil