Disposed¶23

Awadhesh Kumar Rana v. the State of Jharkhand

Jharkhand HC9 Jul 2024WPC/1590/2020

Case brief

AI extract

What is this about?

Home Guards Koderma; removal recommendation; Bagitand Check Post raid 14.09.2015; order dated 09.03.2016 Annexure-3; District Superintendent of Police-cum-Commandant Jharkhand Home Guards; Deputy Commissioner Koderma; no departmental proceeding; punitive direction; duty allotment; representation; writ disposed; pending IA disposed; High Court of Jharkhand Ranchi; Ambuj Nath J; 09.07.2024; W.P (S) No. 1590 of 2020; Rishikesh Giri Advocate; Nawal Kishore Pandey A.C to S.C(L&C)-I.

What did the court decide?

Direction to the petitioners to approach Respondent No.5 - District Superintendent of Police-cum-Commandant, Jharkhand Home Guards, Koderma, with a representation for allotment of works as Home Guard; pending I.A., if any, disposed of. ¶23

Awadhesh Kumar Rana Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ application seeking issuance of necessary direction and quashing of the order dated 09.03.2016 (Annexure-3) recommending removal of the petitioners from Home Guards service should be granted. +1 more

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Court's answer

With the said observation and direction, the writ application is disposed of, and any pending I.A. stands disposed of.

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Ratio / Principle

In view of the submissions made on behalf of the Respondents, the court directed the petitioners to approach Respondent No.5 - District Superintendent of Police-cum-Commandant, Jharkhand Home Guards, Koderma, with a representation for allotting them works as Home Guard.

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Key takeaways

Acting on the respondents' submissions (that no punitive action had been taken and the petitioners had not sought work allotment), the court did not grant the prayer to quash the impugned order but routed the grievance through a representation to Respondent No.5.ratio¶22

Detailed headnote1 paragraphs

Jharkhand High Court, Ranchi (W.P (S) No. 1590 of 2020, decided 09.07.2024, Ambuj Nath, J.). Four Home Guards posted at Bagitand Check Post, Koderma, sought quashing of the order dated 09.03.2016 (Annexure-3) passed by the District Superintendent of Police-cum-Commandant, Jharkhand Home Guards, Koderma, recommending to the Deputy Commissioner, Koderma their removal from service, which followed a raid on 14.09.2015 in which money was recovered from them. Petitioners contended that no departmental proceeding was conducted, that they remained enrolled but were being denied duty, and that the impugned order was an internal communication between Respondent Nos. 4 and 5 that had not been acted upon; the State replied that no punitive action had been taken and that the petitioners had never approached Respondent No.5 for work. Disposing of the petition, the court directed the petitioners to approach Respondent No.5 with a representation for allotment of works as Home Guard; pending I.As stand disposed of.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (S) No. 1590 of 2020

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Awadhesh Kumar Rana

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Ravindra Giri

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Dashrath Bharti

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Ram Charitra Kumar Rana ----Petitioner (s)

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Versus

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The State of Jharkhand

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The Additional Chief Secretary, Department of Home, Prison and Disaster Management, Govt. of Jharkhand

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The Deputy Commissioner, Koderma

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The District Superintendent of Police-cum-Commandant, Jharkhand Home Guards, Koderma ----Respondent (s)

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CORAM: Hon’ble Mr. Justice Ambuj Nath

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For the Petitioner (s): Mr. Rishikesh Giri, Advocate For the Resp.-State: Mr. Nawal Kishore Pandey, A.C to S.C(L&C)-I

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12/ 09.07.2024 Petitioners have filed this writ application for issuance of necessary direction and for quashing of the order dated 09.03.2016, which is Annexure-3 to this writ application, passed by the Respondent No. 5-District Superintendent of Police-cum-Commandant, Jharkhand Home Guards, Koderma whereby he has made recommendation to the Respondent No.4-Deputy Commissioner, Koderma for removal of the petitioners from the service.

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Case of the petitioners is that they were discharging duties as Home Guards for more than decade and some of them even for three decades. On 14.09.2015 on the basis of secret information, the Respondent No.4-Deputy Commissioner, Koderma conducted a raid at Bagitand Check Post where petitioners were posted as Home Guards. It was found that the petitioners were illegally collecting money from several vehicles passing through the check post. Petitioners were searched and money was recovered from them. The Respondent No.4-Deputy Commissioner, Koderma directed the Respondent No. 5- District Superintendent of Police-cum-Commandant, Jharkhand Home Guards, Koderma to initiate a proceeding against the petitioners for their removal from service.

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It was submitted that without conducting any departmental proceeding, punitive direction has been given by the Respondent No. 4-Deputy Commissioner, Koderma. It was further submitted that though, petitioners have not been removed from their enrolment in the Home Guards, but the Respondent No. 5 is not assigning any duty to them. It was also submitted that

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the order impugned is an internal communication between the Respondent No.4 and Respondent No. 5 has not been acted upon.

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Mr. Nawal Kishore Pandey, learned A.C to S.C (Land and Ceiling)-I has submitted that the petitioners have not approached the Respondent No. 5 for allotting them works as Home Guards and as such, they were not being allotted any work. It was further submitted that no punitive action has been taken against them.

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In view of the submissions made on behalf of the Respondents, petitioners are directed to approach the Respondent No. 5 - District Superintendent of Police-cum-Commandant, Jharkhand Home Guards, Koderma with a representation for allotting them works as Home Guard.

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With this observation and direction, this writ application is disposed of. Pending I.A., if any, stands disposed of.

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(Ambuj Nath, J)

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Ranjeet/ Uploaded

Awadhesh Kumar Rana v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Awadhesh Kumar Rana v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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