Disposed

Rajni Kumari v. State of Jharkhand

Jharkhand HC3 Jul 2023LPA/76/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand condoned a 2-day delay in filing a leave petition. The Court modified the underlying order by directing the appellant to submit a reply to a show-cause notice within four weeks, allowing respondents to decide thereafter, before disposing of the appeal.

What did the court decide?

Appeal disposed; Order modified to direct appellant to file reply within 4 weeks and respondents to decide thereafter.

Rajni Kumari Vs State of Jharkhand — Service and Employment | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI L. P. A. No. 76 of 2023

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… … Rajni Kumari Appellant

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Versus

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The State of Jharkhand

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Sido Kanhu Murmu University through its Vice Chancellor, Dumka 3. Registrar, Sido Kanhu Murmu University, Dumka

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… …

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1. Principal, Godda College, Godda Respondents

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY : HON'BLE MR. JUSTICE DEEPAK ROSHAN

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--For the Appellant : Mr. Prem Mardi, Advocate For the Respondents : M/s. Suresh Kumar, SC (L&C) II & Rajesh Kumar Singh, AC

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For the Respondent Nos. 2 to 4 : Mr. Shivam Singh, J.C. to

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Dr. Ashok Kumar Singh, Advocate

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6/03.07.2023 I. A. No. 3515 of 2023:

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Heard Mr. Prem Mardi, learned counsel for the appellant and Mr. Shivam Singh, learned counsel appearing for the respondents – University.

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This interlocutory application has been preferred by the appellant for condoning the delay of 2 days in filing this appeal.

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Having been satisfied with the reasons assigned in the application, the same is allowed and the delay of 2 days in filing this appeal is hereby condoned.

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I. A. No. 3515 of 2023 stands disposed of.

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L. P. A. No. 76 of 2023:

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This appeal is directed against the order dated 23.01.2023 passed in W.P.(S) No. 1277 of 2022.

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The petitioner had filed a writ application being aggrieved by the notice dated 01.02.2022 issued by the respondent no. 3 by which the petitioner was kept under forced leave with immediate effect i.e., with effect from 01.02.2022, on which the learned Single Judge on 23.01.2023 had passed a following order:

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“5. Considering the submission of the parties, since a notice has been served to the petitioner, I am not inclined to interfere with the impugned notice at this stage. I direct the petitioner to file a proper

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-2-

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reply to the show cause and take all the grounds, which she can take in her defence. Respondents will consider the reply of the petitioner on its own merit and will pass an appropriate order. It is expected that the petitioner will file reply to the show cause within four weeks and thereafter within a further period of four weeks, respondents will take an appropriate decision. It is made clear that if the respondents want to proceed against the petitioner departmentally, proper opportunity should be given to the petitioner.

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6. This writ petition is, accordingly, disposed of.

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7. Interlocutory application, being I.A. No. 6811 of 2022 is also disposed of in terms of the order passed in the main writ petition.”

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It appears that the matter is being prolonged on account of noncooperation of the petitioner in spite of the order dated 23.01.2023 passed in W.P.(S) No. 1277 of 2022 giving a liberty to the petitioner to file a reply to the show-cause within four weeks and a direction was given to the respondents to take an appropriate decision within a further period of four weeks. On account of the petitioner having not submitted reply to the show-cause, the issue is being kept pending. In course of submission, Mr. Mardi, learned counsel for the petitioner has stated that the petitioner shall file a reply to the show-cause.

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In view of said submission, therefore, without interfering in the order dated 23.01.2023 passed in W.P.(S) No. 1277 of 2022, we modify the said order on account of efflux of time by giving a direction to the petitioner to submit her show-cause reply within a period of four weeks from today and if such reply is filed, the respondents will take appropriate decision within a further period of four weeks from the date of submission of reply of the show-cause notice.

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With the aforementioned modification, this appeal stands disposed

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of.

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(Rongon Mukhopadhyay, J)

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(Deepak Roshan, J.)

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R Shekhar Cp 2

Rajni Kumari v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajni Kumari v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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