Partly allowed

Sanjay Kumar v. The State Of Jharkhand And Ors.

Jharkhand HC14 Aug 2019WPC/6081/2015

Case brief

AI extract

What is this about?

The High Court of Jharkhand quashed the memorial order dated 4.11.2015 for denying the petitioner an opportunity of hearing as mandated by a previous order. The petition was allowed in part, and the matter was remitted to the Director General of Police for a fresh reasoned order within six weeks.

What did the court decide?

The memorial order dated 4.11.2015 was quashed and the matter remitted to the Director General of Police to pass a fresh reasoned order after providing a full opportunity of hearing within six weeks.

Sanjay Kumar Vs The State Of Jharkhand And Ors. — Service and Employment | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No.6081 OF 2015

Sanjay Kumar

... Petitioner

Vs.

1.State of Jharkhand

2.The Director General-cum- Inspector General of Police, Police Head quarter, H.E.C Township P.O Dhurwa,P.S Jagarnathpur,District Ranchi

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3.The Deputy Inspector General of Police, South Chhotanagpur Division,Ranchi P.O G.P.O,P.S Kotwali Dis. Ranchi.

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4.The Senior Superintendent of Polie, Ranchi P.O,G.P.O P.S Kotwali Dist.Ranchi.`

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….. Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr.Satish Pd..Prasad Adv.

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For the Respondents:- Mr. Hemant Kr.Gupta (S.C V)

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Order No.6 : Dated14th August, 2019

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Heard the learned counsel for the parties.

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The petitioner has preferred this writ petition for quashing the order dated 18.5.2013 and the appellate order dated 2.8.2013 and also for quashing the memorial order dated 4.11.2015.

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On certain charge departmental proceeding was initiated against the petitioner which was found to be proved and subsequently the punishment order has been passed. Appellate order confirmed the order of punishing the petitioner and memorial filed by the petitioner has been rejected .Being aggrieved with the said orders, the petitioner has preferred this writ petition. The petitioner earlier moved before this court by way of filing the writ petition being W.P(S) No. 2094 of 2014 which was disposed of on 13.10.2015 with direction to the Director General of Police, Jharkhand,Ranchi to dispose of the memorial of the petitioner dated 22.10.2013 by passing a reasoned order,after giving opportunity of hearing to the petitioner within two months from the date of production of the order. Pursuant to that, thereafter memorial order has been passed which is contained in Annexure-15 dated 4.11.2015. On perusal of that order it transpires that hearing of opportunity to the petitioner has not been provided in terms of the order passed by this court in W.P(S) No. 2094 of 2014 and accordingly, the order of this court has not been followed while passing the impugned order.

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Thus, the order dated 4.11.2015 passed in memorial is quashed and the writ petition is allowed in part and consequently, the matter is remitted back to the Director General of Police, Government of Jharkhand to pass a fresh order after providing full opportunity of hearing to the petitioner in terms of the order passed in W.P(S) No. 2094 of 2014.Director General of Police shall pass a reasoned order in this regard within six weeks from the date of receipt/production of a copy of this order.

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This writ petition is allowed and disposed of in above terms.

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(Sanjay Kumar Dwivedi, J.)

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Sanjay Kumar v. The State Of Jharkhand And Ors.

Case brief

What is this about?

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Sanjay Kumar v. The State Of Jharkhand And Ors.

Case brief

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What did the court decide?

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