Dismissed

Praveen Kumar v. the State of Jharkhand

Jharkhand HC9 Jan 2024WPC/614/2020

Case brief

AI extract

What is this about?

The High Court dismissed the petitioner's writ petition seeking appointment as Constable. A forensic report revealed the person who appeared for the examination was not the petitioner but an impersonator, making the petitioner's case not worth consideration.

What did the court decide?

Petitioner's prayer for appointment dismissed as his candidature cancelled due to impersonation proved by forensic report.

Praveen Kumar Vs the State of Jharkhand — Service and Employment | Jharkhand HC (2024)

¶1

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 614 of 2020

Praveen Kumar

… … Petitioner

Versus

The State of Jharkhand

¶7

The Chairman, Jharkhand Staff Selection Commission, Ranchi

¶8

The Under Secretary, Jharkhand Staff Selection Commission, Ranchi

¶9

The Director General of Police, Jharkhand

¶10

The Senior Superintendent of Police, Palamu

¶11

… … Respondents

¶12

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

¶13

For the Petitioner : None For the Respondent-State : Md. Asghar, AC to Sr. SC-II For the Respondent-JSSC : Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate -----

¶14

Order No. 10

¶15

Dated: 09.01.2024

¶16

The present writ petition has been filed for issuance of direction upon the respondents to pass necessary order with respect to appointment of the petitioner on the post of Constable in view of liberty granted to him by this Court vide order dated 11.11.2019 passed in W.P.(S) No. 5049 of 2019 to move before an appropriate authority for redressal of the grievance, whereafter the petitioner filed a representation on 18.12.2019 before the Superintendent of Police, Palamu, however, the same remained unresponded.

¶17

2. Reference may be made to order dated 30.11.2023, which reads as under:

¶18

“ A supplementary counter affidavit has been filed

¶19

on behalf of the respondent nos. 2 and 3, the relevant paragraphs of which read as under:

¶20

“4. That it is stated that JSCC in compliance of the order dated 16.08.2023 passed in this case, vide its letter dated 24.08.2023, sent the online application form along with photographs of the petitioner taken at examination center as well as checklist with Colour Photographs as submitted

¶21

¶22

by the petitioner at the time of verification of his testimonials to the Principal Secretary, Department of Home, Prison and Disaster Management, Government of Jharkhand for forensic test. 5. That it is stated that again JSSC, vide its letter no. 1598 dated 26.09.2023 and letter no. 1722 dated 19.10.2023, requested the Principal Secretary, Department of Home, Prison and Disaster Management, Government of Jharkhand for sending the forensic report about the petitioner.

¶23

6. That it is stated that Department of Home, Prison and Disaster Management, Government of Jharkhand, vide its letter no. 5845 dated 17.10.2023, requested the JSSC in the light of letter dated 22.09.2023 of the Assistant Director, State Forensic Science Laboratory, Jharkhand to take present photograph of the petitioner for forensic test.

¶24

7. That it is stated that JSSC after receiving Annexure-E, vide its letter no. 2169 dated 10.11.2023 directed the petitioner to appear before the JSCC on 17.11.2023 or 17.11.2023 so that his recent photographs may be taken and petitioner was also informed about the same through e-mail.

¶25

That it is not out of place to mention here that the aforesaid letter was also delivered to the petitioner on 15.11.2023 by the Postal Department.

¶26

8. That it is stated that even after receipt of the letter dated 10.11.2023 and e-mail did not turn up before the JSSC on the fixed dates i.e. either on 16.11.2023 or 17.11.2023 for taking his recent photograph for forensic test.

¶27

9. That it is stated that JSSC again vide its letter no. 2198 dated 17.11.2023 directed the petitioner to appear before the Commission either on 23.11.2023 or 24.11.2023 so that his recent photograph may be taken for taking further steps in the matter. That it is not out of place to mention here that petitioner was also informed about the same on his email also. 10. That it is stated that again petitioner did not appear either on 23.11.2023 or 24.11.2023 for taking his recent photographs for sending the same before the Department of Home, Prison and Disaster Management, Government of Jharkhand for forensic test.

¶28

¶29

11. That in view of the aforesaid facts and circumstance, the answering respondents are not in a position to send the recent photograph of the petitioner to the Department of Home, Prison and Disaster Management, Government of Jharkhand. 12. That it would be evident from the fact stated above that petitioner is avoiding his appearance before the JSSC for taking his recent photograph for its comparing with his photographs taken at examination center and photographs taken at examination center and photographs as pasted by him in the checklist.”

¶30

2. Considering the aforesaid facts stated in the supplementary counter affidavit filed on behalf of the respondent nos. 2 and 3, the petitioner is directed to appear on 04.12.2023 at 11:30 a.m. before the Secretary, Jharkhand Staff Selection Commission having office at Kali Nagar, Chai Bagan, P.O. & P.S.Namkum, DistrictRanchi, so that his photographs can be taken in the said office and be sent to the Department of Home, Prison and Disaster Management, Government of Jharkhand for its forensic test in terms with order dated 16.08.2023 passed in the present writ petition.

¶31

3. The State respondents as well as the respondent-JSSC (the respondent nos. 2 and 3) shall file their respective supplementary counter affidavits before the next date fixed.

¶32

4. Put up this case under the heading “For Admission (fixed cases)” on 09.01.2024.

¶33

3. A counter affidavit dated 08.01.2024 has been filed on

¶34

behalf of the State respondents sworn by the Under Secretary, Department of Home, Prison & Disaster Management, Government of Jharkhand, annexing a copy of report dated 21.12.2023 (Miscellaneous Report No. 04/2023) of the Directorate of Forensic Science and Laboratory, Jharkhand, Ranchi (Annexure-C to the present counter affidavit) sent to the Additional Secretary, Department of Home, Prison & Disaster Management, Government of Jharkhand.

¶35

4. Md. Asghar, AC to Sr. SC-II appearing on behalf of the State respondents, while referring to the said report, submits that

¶36

¶37

photograph of the person taken during the examination differs from the admitted photograph of the petitioner. It is thus evident from the said report that some other person had impersonated the petitioner in the said examination. However, the Department of Home, Prison & Disaster Management, Government of Jharkhand has requested the respondent-JSSC to take further action in this regard.

¶38

5. Mr. Sanjoy Piprawall, learned counsel for the respondent-JSSC, submits that since as per the said report, it is now clear that some other person had impersonated the petitioner in the concerned examination, his candidature is required to be cancelled, in addition to taking appropriate legal action against him.

¶39

6. Having heard learned counsel for the parties and on perusal of the forensic report dated 21.12.2023 of the Directorate of Forensic Science and laboratory, Jharkhand (Miscellaneous Report No. 04/2023), the aforesaid prayer of the petitioner is not worth consideration.

¶40

7. The writ petition is accordingly dismissed.

¶41

(Rajesh Shankar, J.)

¶42

Manish/NAFR

Praveen Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Praveen Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jharkhand State Mineral Development Corporation Limited Thr Its Project in Charge Mr Arvind Kumar Vs M Nagaraju the Additional Secretary to the Government of India Ministry of Coal

Quazi Shakeel Ekta Vs the State of Jharkhand

Abdul Khalique Vs the State of Jharkhand

Kumari Neelam Mahto Vs State of Jharkhand

MD Sayuz Anzari Vs State of Jharkhand

Alakh Narayan Shukla Vs the State of Jharkhand through the Inspector General of Police