JUDGMENT : SUDHIR AGARWAL, J. 1. Heard Dr. S.B. Singh, Advocate, holding brief of Sri Madan Singh, learned counsel for petitioner and learned Standing Counsel for respondents. 2. This writ petition has been filed under Article 226 of the Constitution by the sole petitioner Rajendra Singh assailing order dated 14.5.2003 (Annexure 6 to the writ petition) passed by District Commandant, Home Guard, District Moradabad, cancelling appointment letter of petitioner. 3. The facts in brief giving rise to the present dispute are as under: 4. The petitioner was appointed as Company Commander, Camp No.1 City Moradabad by District Commandant, Home Guards, Moradabad. Para 8 of appointment letter says that appointment is temporary and without any salary and instead it is a social service and on honorarium basis. It further says that appointment can be terminated at any point of time without any notice. 5. It appears that a complaint was made against petitioner and some others whereupon a fact finding inquiry was conducted by Division Commandant, Home Guard, Moradabad. He found that petitioner working as Company Commandeer, Company-1, Home Guard drew daily allowances by making fraudulent entry in the duty register of March/April, 2002. On the instructions of District Commandant, Incharge Inspector, Police Station Civil Lines, Moradabad informed that one Munshi Singh, Home Guard in the Company of petitioner had not attended duty from 17.03.2002 to 29.03.2002 though he was shown on duty and paid honorarium/daily allowances as specified. For this reason, District Commandant, Home Guard, issued impugned order cancelling petitioner's appointment made on the post of Honorary Company Commander of Home Guards. 6. The writ petition was entertained by learned Single Judge on 05.06.2003 and an interim order was passed staying operation of order dated 14.05.2003. Thereafter, on 08.05.2018, this writ petition was dismissed for want of prosecution and restored on 25.07.2018. 7. Learned counsel for petitioner submitted that termination of petitioner is arbitrary; by way of punishment; without holding inquiry and in utter violation of principles of natural justice, therefore it is liable to be set aside. 8. Learned Standing Counsel, on the contrary, submitted that a Home Guard is not a holder of 'Civil Post', therefore, protection under Article 311 of Constitution of India is not available. 8. Learned Standing Counsel, on the contrary, submitted that a Home Guard is not a holder of 'Civil Post', therefore, protection under Article 311 of Constitution of India is not available. He submitted that appointment of petitioner was in a "social service" on honorarium basis, confers no right upon him either to hold the post or to continue in service, therefore no interference is called for. 9. The issue relating to termination of a member of Home Guard has drawn attention to this Court time and again. The question raised therein was "whether a Home Guard is holder of a Civil Post and if not, whether petition is maintainable and if maintainable, to what extent". 10. Before coming to relevant judicial authorities, it may be appropriate to have a bird eye view of the provisions of U.P. Home Guards Act, 1963 (hereinafter referred to as "Act, 1963"). 11. Act, 1963 was promulgated to raise a Volunteer Force for aiding State Police Services as an auxiliary force. Section 2(e) of Act, 1963 defines "Home Guard"; Section 2(g) defines the word "Prescribed" and Section 2(j) defines the word "Service under the State", and read as under : "(e) "Home guard" means a person who is enrolled as such, and includes an officer appointed under this Act." "(g) "Prescribed" means prescribed by rules framed under this Act." "(j) "Service under the State" means service under the "State" as defined in Article 12 of the Constitution of India, and includes service under any statutory corporation." 12. Functions of Home Guard are enumerated in Section 4 of Act, 1963 and reads as under : "4. Functions. - The Home Guards will have the following functions:- (a) they will serve as auxiliary to the police, and, when required, help in maintaining public order and internal security; (b) they will help the community in air raids, fires, floods, epidemics and other emergencies; (c) they will function as an emergency force for such special tasks as may be prescribed; (d) they will provide functional units for essential service; and (e) they will perform such other duties, relating to any measure of public welfare as may be prescribed." 13. Section 6 of Act, 1963 relates to superintendence and administration of Home Guards appointed under Act, 1963. The matter of enrolment etc. is governed by Section 7, which read as under: "7. Enrolment etc. Section 6 of Act, 1963 relates to superintendence and administration of Home Guards appointed under Act, 1963. The matter of enrolment etc. is governed by Section 7, which read as under: "7. Enrolment etc. - (1) Subject to such conditions as may be prescribed, any person desiring to be enrolled as home guards shall make an application in the prescribed form. If such applicant is in private service he shall make such application through his employer, or if in service under the State through the authority competent to grant him permission to join the force. (2) A home guard shall be formally enrolled and on enrolment make a declaration in the form set out in the First Schedule and receive a certificate of appointment in the form set out in the Second Schedule under the seal and signature of such officer as may be prescribed, by virtue of which he shall be vested with the powers and privileges and be subject to the duties of a home guard. (3) Officers and other members of the Home Guards shall wear such uniforms as may be prescribed." 14. Once a person is enrolled in Home Guard, subject to the provisions of Act, 1963 and Rules framed there under, District Magistrate is empowered to call for any Home Guard attached to a unit, posted in the district, for duty in any area within the district. Commandant General or such officers of Home Guards as authorized by him call for any Home Guard for duty in any part of the State or even outside the State. 15. Section 9 protects a Home Guard to the extent that anything done or purported to be done by him in discharge of his duty as a Home Guard shall not lead to a prosecution, except with the previous sanction of District Magistrate. Then Proviso to Section 10 of Act, 1963 declares that a "Home Guard" shall not be a holder of Civil Post and reads as under : "10. Home Guards to be public servants but not civil servants.- A home guard acting in the discharge of his functions under this Act shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code. Home Guards to be public servants but not civil servants.- A home guard acting in the discharge of his functions under this Act shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code. Explanation.- A home guard shall not be deemed to be a holder of a civil post merely by reasons of his enrolment as home guards." (Emphasis added) 16. Provision with regard to discharge, suspension and resignation of Home Guard is made in Section 12. Penalties on account of failure to report on duty has been provided in Section 13 of Act, 1963 and both the provisions read as under : "12. Discharge, suspension and resignation. - (1) The Commandant-General or any other officer prescribed in this behalf shall have the authority to discharge or suspend any member of the Home Guard in accordance with the rules made in this behalf. A Home Guard may resign from the force after giving one month's notice delivered to such officers as may be prescribed. (2) Subject to the provisions of the last preceding sub-section every home guard shall be entitled to receive his discharge from the Home Guards on the expiration of the period specified in sub-section (2) of Section 11. (3) Every person who for any reason ceases to be a member of the Home Guards, shall forthwith deliver up to the Commandant-General or to such officer and at such place as may be prescribed or as the Commandant-General may direct, his certificate of appointment and the arms accoutrements, clothing and other articles which may have been received by him as such member. (4) Any Magistrate may issue a warrant to search or seize wherever they may be found any certificate, arms, accoutrements, clothing or other articles not so delivered up. Every warrant so issued shall be executed in accordance with the provisions of the [Code of Criminal Procedure, 1898] by a Police Officer, or, if the Magistrate issuing the warrant so directs, by any other person. (5) nothing in this section shall be deemed to apply to any article which under any general or special order of the Commandant-General has become the property of the person to whom the same was furnished. 13. Penalties. (5) nothing in this section shall be deemed to apply to any article which under any general or special order of the Commandant-General has become the property of the person to whom the same was furnished. 13. Penalties. - (1) If a home guard- (a) fails to report himself when called out for duty under Section 8; or (b) without sufficient excuse neglects or refuses to obey any lawful order or direction of his superior officer or other competent authority or fails to discharge his function as a member of Home Guards while on duty; or (c) deserts his post; or (d) is guilty of cowardice; or (e) offers any unwarranted personal violence to any person in his custody, he shall on conviction by a Magistrate of the first class, be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred rupees, or with both. (2) If any person wilfully neglects or fails to comply with sub-section (1) of Section 12, he shall, on conviction, be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred rupees or with both. (3) No prosecutions shall be instituted under sub-section (1) or (2) without the previous sanction of the Commandant-General or such other officer as may be prescribed in this behalf. (4) On a report of the District Commandant, a police officer may arrest without warrant any person accused of an offence punishable under sub-section (1) or (2). (5) When a number of the Home Guard other than an officer commits an offence punishable under sub-section (1), [the District Commandant], or such other officer as may be prescribed, under whom the member is for the time being serving, may direct that the charge shall be dealt without formal trial and thereupon the said Commandant or other officer may in the prescribed manner award to him any one or more of the following punishments namely,- (a) confinement in such place as may be considered suitable for a period not exceeding two days; (b) punishment drill, extra work, fatigue or other duty not exceeding seven days in duration, with or without confinement to quarters; and (c) forfeiture of allowances." 17. Rules were framed under Act, 1963 in 1982 i.e. Uttar Pradesh Home Guard Service Rules, 1982 (hereinafter referred to as "Rules, 1982"). These rules govern permanent establishment of Home Guards creating a cadre of Home Guard. 18. A bare perusal of Rules, 1982 read with Section 7 of Act, 1963 show that there are two sets of establishment within Home Guard. One set consists of those enrolled under Section 7 as 'Volunteer' while another set of those, recruited and appointed as per procedure prescribed in Rules, 1982, form part of permanent establishment of Home Guards. This distinction has been noticed by a Full Bench of this Court in Rajveer Singh Vs. State of U.P. and Others, (2018) 11 ADJ 453 wherein Court observed as under : "It is here that it is necessary to draw the distinction between the two sets of establishment within the Home Guards, namely, those who are engaged as volunteers and enrolled in terms of Section 7 of the 1963 Act and those who form part of the permanent establishment under the 1982 Rules. It has to be kept in mind that these two nature of engagements are entirely different from each other, one under the 1982 Rules being substantive in nature by way of selection and appointment whereas that under Section 7 of the 1963 Act being voluntary and by way of an enlistment which is to be carried out through as enrollment process as prescribed there under." 19. The above Full Bench has also held that a Home Guard enrolled under Section 7 is virtually a part timer though a 'public servant' so far as discharge of duties are concerned, but, not a holder of civil post. However, this fact by itself would not be relevant to determine the question of maintainability of a writ petition for the reason that even if a Home Guard is not holder of civil post, but engaged for discharge of duties, which are of public nature and of public importance. If an action is challenged on the ground of arbitrariness or violation of principles of natural justice, a writ petition would be maintainable. 20. Howsoever weak the claim of petitioner is, but, if this Court read the impugned order along with report of inquiry submitted by Divisional Commandant, it is evident that petitioner's engagement or enrollment has been cancelled on certain charges constituting allegations of misconduct. 20. Howsoever weak the claim of petitioner is, but, if this Court read the impugned order along with report of inquiry submitted by Divisional Commandant, it is evident that petitioner's engagement or enrollment has been cancelled on certain charges constituting allegations of misconduct. It is not the case of respondents that in the said inquiry, petitioner had any occasion of participation and inquiry was conducted complying principles of natural justice. It was open to respondents to cancel petitioner's engagement by an order of termination simplicitor, but, if enrollment of petitioner is cancelled on certain allegations, which are stigmatic in nature, in my view, observance of principles of Audi alter am partem is mandatory. It was incumbent upon authorities concerned, at least, to issue a show cause notice to petitioner giving an opportunity to reply and thereafter pass appropriate order in accordance with law. 21. A detailed disciplinary inquiry, as provided in the Rules, applicable to holder of civil post, may not be necessary, but, at least minimum compliance of principles of natural justice ought to have been observed particularly when incumbent is being castigated on certain charges, which render order of cancellation of engagement stigmatic. 22. In these facts and circumstances, in my view, impugned order, being in violation of principles of natural justice, cannot sustain and therefore, is liable to be set aside. 23. In the result, writ petition is allowed. The impugned order dated 14.05.2003 (Annexure 6 to the writ petition) is hereby set aside. However, it shall be open to respondents to pass a fresh order in accordance with law. So far as consequential benefits are concerned, since petitioner was liable to only daily allowances as and when he discharges duties, hence, question of payment of arrears of salary does not arise, but, in case respondents chose to assign duties to petitioner again, he shall be entitled for all such allowances etc., as admissible under the Rules. 24. There shall be no order as to costs.