IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6669 of 2007 AWADHESH KUMAR, SON OF SRI RAJ BALI SINGH, RESIDENT OF VILLAGE GULMALI CHAK, P.O. ANANDPUR CAMP, P.S. BIHTA, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HOME(SPECIAL), DEPARTMENT, MAIN SECRETARIAT, PATNA. 2. THE COMMANDANT GENERAL, BIHAR HOME GUARD, CHHAJUBAGH, PATNA. 3. THE DEPUTY COMMANDANT GENERAL, BIHAR HOME GUARD, CHHAJUBAGH, PATNA. 4. THE COMMANDANT, BIHAR HOME GUARD, CHHAJUBAGH, PATNA. 5. THE COMMANDANT, SPECIAL BATTALION, G.T.I. BIHTA. ----------------- 03. 07.12.2011 Heard learned counsel for the petitioner and the State also perused the counter, supplementary counter affidavit. 2. This writ petition has been filed questioning the validity of the order bearing Memo No.109 dated 20.04.2005, Annexure-1 whereunder petitioner has been relieved from his duty as Home Guard on the ground that his bond has not been renewed. It is submitted on behalf of the petitioner that he was enrolled as Home Guard in Palamu district of the erstwhile undivided Bihar and was transferred to discharge the duties of the Home Guard in the Special Battalion of the Home Guard at Bihta prior to the division of united Bihar under Bihar 2 Reorganization Act, 2000. Even after division of Bihar on 15th November, 2000 petitioner continued to serve as Home Guard in the special battalion at Bihta until issue of the impugned order dated 20.04.2005, Annexure-1. 3. Earlier petitioner filed C.W.J.C. No.12022 of 2004, which was permitted to be withdrawn under order dated 22.12.2006, Annexure- A to the counter affidavit, whereunder petitioner was granted liberty to challenge the order dated 20.04.2005. In the light of the liberty granted in the said writ petition petitioner challenged the order dated 20.04.2005 by filing the present writ petition. 4. It is further submitted on behalf of the petitioner that on account of fortuitous circumstance of division of united Bihar bond of the petitioner as Home Guard has not been renewed as petitioner was initially enrolled as Home Guard in Palamu district but before division of united Bihar joined the special Battalion at Bihta and continued to function in the said Battalion even after division of Bihar on 15th November, 2000 until issue of the impugned order 3 dated 20.04.2005 relieving him from performing the duties of the Home Guard. 5. Petitioner having joined the Special Battalion of the Home Guard at Bihta within the district of Patna prior to the division of united Bihar and served in the said Battalion even after division of Bihar until issue of the impugned order i.e. 20.04.2005 should not be relieved from performing the duty of Home Guard in the Special Battalion, Bihta as no misconduct is alleged against him, which fact is abundantly clear from the counter, supplementary counter affidavit. Accordingly, I quash the order dated 20.04.2005, Annexure-1 and direct the competent authority, District Magistrate, Patna to renew the bond of the petitioner so as to enable him to serve as Home Guard. 6. The writ application is, accordingly, allowed. Rajesh/ ( V. N. Sinha, J.)