Alakh Narayan Shukla Vs the State of Jharkhand through the Inspector General of Police — Jharkhand HC (2024) — LawSathi Research

Alakh Narayan Shukla Vs the State of Jharkhand through the Inspector General of Police — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the order contained in memo no.11 dated 22.11.2017, appointing the petitioners afresh as Head Clerk with effect from 22.11.2017 despite their 2008 appointment to the same post, should be quashed. +1 more

Ratio / Principle

In view of the enquiry report dated 26.06.2023 (finding the 2017 re-promotion to the same post neither justifiable nor in accordance with law, with rectification under process) and the constitution of a fresh five-member committee on 26.10.2023 for disposal of promotion-related issues, the court found there was no need to further proceed in the matter.

Detailed headnote1 paragraphs

Four petitioners (Alakh Narayan Shukla, Umakant Pandey, Shivam Kumar Rajak, Lav Kumar), appointed to the post of Head Clerk in 2008, filed W.P.(S) No.3880 of 2022 (High Court of Jharkhand, Ranchi) seeking quashing of the order in memo no.11 dated 22.11.2017 by which they were appointed afresh to the same post with effect from 22.11.2017 — allegedly a misinterpretation of the defect(s) pointed out by respondent no.2 (Commissioner, Palamau Division) vide letter no.1186 dated 21.12.2015 — and praying for financial and other promotional benefits from 2008 rather than 2017. Respondent no.3 (Deputy Commissioner, Garhwa) filed a supplementary counter affidavit dated 04.11.2023 enclosing a five-member enquiry committee report dated 26.06.2023 (Annexure-A), which opined that promoting the same person again to the same post after nine years is 'neither justifiable nor in accordance with law' and that rectification of the error was under process; pursuant thereto the Deputy Commissioner, Garhwa constituted a further five-member committee vide memo no.475 dated 26.10.2023 for disposal of the petitioners' promotion-related issues. Holding that, considering these developments, there was no need to proceed further, Rajesh Shankar, J. disposed of the writ petition by Order No.09 dated 09.01.2024 without adjudicating the merits or granting any specific relief. No statute or precedent was cited.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (S) No.3880 of 2022

Alakh Narayan Shukla

Umakant Pandey 3. Shivam Kumar Rajak 4. Lav Kumar .......... Petitioners. -Versus-

The State of Jharkhand 2. The Commissioner, Palamau Division, Medninagar, District Palamau.

The Deputy Commissioner, Garhwa. .......... Respondents.

The Commissioner, Palamau Division, Medninagar, District Palamau.

----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioners : Ms Khushboo Kataruka, Advocate For the State : Ms. Divya, A.C. to S.C.III ----- Order No.09 Date: 09.01.2024

The present writ petition has been filed for quashing the order as contained in memo no.11 dated 22^nd November, 2017 wherein the defect(s) pointed out by the respondent no.2 vide letter no.1186 dated 21^st December, 2015 was misinterpreted and the petitioners were arbitrarily and wrongly appointed on the same post of Head Clerk with effect from 22^nd November, 2017 on which they were earlier appointed in the year 2008 and had been discharging their duties on the said post. Further prayer has been made for issuance of direction upon the respondents to give them financial and other promotional benefits from 2008 and not from 2017.

Learned A.C. to S.C.III appearing on behalf of the respondents refers to the supplementary counter affidavit dated 4^th November, 2023 filed on behalf of the respondent no.3, paragraph no.8 of which reads as under:-

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“8. It is humbly stated and submitted that the five member enquiry Committee submitted its Report on 26/06/2023, wherein after due enquiry the committee is of the opinion that after giving promotion in the year 2008 itself to the post of Head Clerk again promoting the same person on the same post after nine years is neither justifiable nor in accordance with law and this error needs rectification which is under process.”

A copy of the enquiry report dated 26^th June, 2023 has been annexed as Annexure-A to the said supplementary counter affidavit.

It is further submitted that pursuant to the aforesaid enquiry report, the Deputy Commissioner, Garhwa vide order as contained in memo no.475 dated 26^th October, 2023 has also constituted a five-member committee for disposal of promotion related issues of the petitioners.

Considering the aforesaid development, there is no need to further proceed in the matter.

The writ petition is, accordingly, disposed of.

(Rajesh Shankar, J.)

Sanjay/