Sangita Murmu Vs the State of Jharkhand

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Neutral Citation No.2025:JHHC:36289-DB

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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L.P.A. No. 676 of 2025

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Sangita Murmu, D/O Late Biram Murmu, Aged About 31 Years, R/O Ramakanali, P.O. Ukma, P.S Purbi Tundi Dhanbad Jharkhand.

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Lalita Soren, D/O Kalo Soren, Aged About 38 Years, R/O Madanhir, Barbedia, P.O. & P.S. Nirsa, Dhanbad Jharkhand.

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Nisha Tudu, D/O Shivlal Tudu. Aged About 29 years. R/O Notondih, Raghunathpur, P.O. Raghunathpur, P.S. Purvi Tundi, Dhanbad Jharkhand.

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Savitri Kumari, D/O Lakhi Ram Murmu, Aged About 36 Years, R/O Chepkia, P.O. Chepkia, P.S Purbi Tundi, Dhanbad Jharkhand.

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Sonu Kumari, D/O Paltu Mahato, Aged About 32 Years, R/O Village Pradhankhanta, P.O. Pradhan Khanta, P.S Baliapur, Dhanbad Jharkhand.

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Rekha Gorai, W/O Ganesh Gorai, Aged About 30 Years, R/O Udaipur, Poddardihi, P.O. Poddardihi, P.S. Nirsha Dhanbad Jharkhand.

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Anita Kumari, D/O. Hiralal Mahato, Aged About 31 years, R/O Village Baliapur, P.O. & P.S. Baliapur, Dhanbad Jharkhand.

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Alpana Kumari Mahato, D/O Binod Bihari Mahato, Aged About 33 years, R/O Village Shitalpur, P.O. Gharbar, P.S. Baliapur, Dhanbad Jharkhand.

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Sulekha Kumari Mahato, D/O Sudhir Mahato, Aged About 30 years, R/O Village Baghmara, P.O. Baghmara, P.S. Baliapur, Dhanbad Jharkhand

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10.Ashtami Modi, W/O Sushanto Modi, Aged About 34 years, R/O Dombhui, Madandi, Nirsa Chatti, Nirsa cum Chirkunda, P.O. Nirsa Chatti, P.S. Nirsa, Dhanbad Jharkhand.

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11.Nunita Hembram, D/O Juna Hembram, Age About 28 Years R/O Village - Nawadiha, P.O Maira Nawatand, P.S Purbi Tundi, Dhanbad Jharkhand

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12.Mohoki Hembram, D/O Juna Hembram, Aged About 28 years, R/O Village - Nawdiha, P.O. Mayranawatand, P.S. Purvi Tundi, Dhanbad Jharkhand.

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13.Babita Kumari, D/O Bharat Mahto, Aged About- 31 Years, R/O Jitpur, P.O. Gomoh, P.S Hariharpur Dhanbad, Jharkhand.

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Neutral Citation No.2025:JHHC:36289-DB

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14.Rita Kumari Rajak, W/O Dinesh Prasad Rajak, Aged About 33 years, R/O Rampur, P.O. Maharajganj, P.S. Purvi Tundi, Dhanbad, Jharkhand.

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15.Savitri Kumari, D/O Baldev Prasad Mahto, Aged About 31 Years, R/O0 Gendnawadih, Tantri, P.O- Tantri, P.S. Topchanchi, Dhanbad, Jharkhand.

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16.Anita Devi, W/O Naresh Kumar Mahato, Aged About 29 Years. R/O House No. 52 Bandarchua, P.O. & P.S. Baliapur, Dhanbad Jharkhand

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17.Purnima Kumari, D/O Ramu' Mahato, Aged About 30 years, R/O Near Sarkari School Jagdish, Baliapur, P.O. Pradhan Khanta, P.S Baliapur, Dhanbad Jharkhand.

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18.Babita Kumari, D/O Naryan. Chandra Mahato, Aged About 32 Years, R/O Village Pradhankhanta, P.O. Pradhan Khanta, P.S Baliapur, Dhanbad Jharkhand.

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19.Nisha Kumari, D/O Bijay Kumar Mahato, Aged About 30 Years, R/O Village Pradhankhanta, P.O. & P.S Baliapur, Dhanbad Jharkhand.

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20.Pratima Bhandari, D/O Pravhash Bhandari, Aged About 29 Years, R/O Mahubani, P.O. Ambona, P.S. Govindpur Dhanbad Jharkhand.

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21.Manju Kumari, D/O Hare Ram Mahato, Aged About 29 years, R/O Mukunda, Huktanduch, Pargha, P.O. Pargha, P.S. Baliapur, Dhanbad Jharkhand.

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22.Sima Kumari, D/O Amrit Singh, Aged About 32 Years, R/O Kharni, Dhangi, P.O. & P.S. Topchanchi Dhanbad, Jharkhand.

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23.Arti Kumari, D/O Latan Mahto, Aged About 30 years, R/O Paharpur, Dumdumi, P.O. Dumdumi, P.S Topchanchi, Dhanbad Jharkhand.

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24.Kavita Kumari, W/O Bhekhlal Mahto, Aged About 28 Years, R/O Paharpur, Dumdumi, TopchanchiDumdumi Alias Narkopi, P.O. Dumdumi, P.S Topchanchi, Dhanbad Jharkhand.

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25.Pinky Kumari, D/O Prabhakar Mahto, Aged About 28 years, R/O Rangritand, Dumdumi Alias Narkopi, P.O. Dumdumi, P.S Topchanchi, Dhanbad Jharkhand.

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26.Chamelee Kumari, D/O Munshi Soren, Aged About 29 Years, R/O Karmatand, P.O. & P.S. Tundi, Dhanbad Jharkhand.

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27.Sarswati Kumari, D/O Banu Rajwar, Aged About 29 Years, R/O Khario Dhanbad, P.O. Khario, P.S Topchanchi Dhanbad Jharkhand.

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28.Savitri Devi, W/O Lalan Kumar Mahto, Aged About 37 Years, R/O Village Chirundih, P.O. Tantri, P.S. Topchanchi, Dhanbad Jharkhand.

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29.Namita Hansda, D/O Sudhir Hansda, Aged About 30 Years, R/O Dumuria, P.O. & P.S. Dumuria, Dhanbad Jharkhand.

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30.Kranti Kumari @ Kanti Kumari, D/O Bandu Turi, Aged About 28 Years, R/O Kamta, Madaidih, P.O. Madaidih. P.S. Topchanchi, Dhanbad, Jharkhand.

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31.Laxmi Kumari, D/O Lalit Goswami, Aged About 29 Years, R/O Gunghasa, P.O. Gunghasa, P.S. Hariharpur, Dhanbad Jharkhand.

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32.Nomita Kumari, D/O Mansu Mahato, Aged About 30 Years, R/O Village Tilabani, P.O. Bhitia, P.S. Govndpur, Dhanbad Jharkhand.

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33.Namita Kumari, D/O Nepal Mahato, Aged About 35 Years, Chatabad Modidih, Sindri, P.O. & P.S. Sindri, Dhanbad Jharkhand.

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34.Bihari Hembram, D/O Bhim Hembram, Aged About 29 Years, R/O Sugna, Bario, P.O. Sarkardih, P.S. Govndpur, Dhanbad Jharkhand.

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35.Asha Kumari, D/O Somar Mahto, Aged About 29 Years, R/O Ramakunda, P.O Ramakunda, P.S Topchanchi, Dhanbad Jharkhand.

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36.Rekha Kumari, D/O Rooplal Besra, Aged About 33 Years, R/O Sohanad, P.O. Ukma, P.S Purbi Tundi Dhanbad Jharkhand.

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37.Sunita Kumari @ Sunita Kumari Marandi, D/O Hemsar Marandi, Age About 28 Years, R/o Kurkutand Mayranawatannr, P.O Maira Nawatand, P.S Purbi Tundi, Dhanbad Jharkhand.

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38.Switee Kumari, D/O Hemlal Murmu, Age About 35 Years, R/O Village Ukma, P.O. Ukma, P.S Purbi Tundi Dhanbad Jharkhand.

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39.Rita Kumari, D/O Biju Prasad Mahto, Aged About 31 Years, R/O Gendnawadih, Tantri, P.O. Tantri P.S. Topchanchi, Dhanbad, Jharkhand.

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40.Ambika Soren, D/O Shaheb Ram Soren, Aged About-29 Years, R/O Manjhidih. Village Dhokhara P.O. Damodarpur, P.S. Baliapur, Dhanbad Jharkhand

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41.Kumari Bhanu Mahato, W/O Amar Mahato, Aged About 31 Years R/O Tola Bandhdih, Village Dhokhara P.O. Damodarpur, P.S. Baliapur, Dhanbad Jharkhand.

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Neutral Citation No.2025:JHHC:36289-DB

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42.Chandmuni Kumari, W/O Devchand Hansda, Aged About 31 Years, R/O Chakamanpur, Jhinaki, P.O. & P.S. Tundi, Dhanbad Jharkhand.

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43.Sunita Kumari, D/O Renghu Mahato, Aged About 28 Years. R/O Village Dhokhra (Bania Tola), P.O. Damodarpur, P.S. Baliapur, Damodarpur, Dhanbad-cum-Kenduadih-Cumjagta, Dhanbad Jharkhand.

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44.Sandhyali Hansda, D/O Hemlal Hansda, Aged About 28 Years, R/O Village Ankberia Dumurya, P.O Dumuria, P.SNirsa, Dhanbad.

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45.Sunita Kumari Soren, D/O Harichand Soren, Aged About 29 Years, R/O Sinduwaritand Ratanpur, P.O. & P.S. Tundi, Dhanbad, Jharkhand.

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46.Mini Baski, D/O Henolal Baski, Aged About 33 Years R/O Sohanad, P.O. Ukma, P.S Purbi Tundi Dhanbad Jharkhand.

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47.Chhamoki Hembram, D/O Manshu Hembram, Aged About 33 years, R/O Village Rupan, P.O. Maharajganj P.S Purbi Tundi Dhanbad Jharkhand.

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48.Sushanti Hashda, D/O Pradeep Murmu, Aged About 36 Years R/O Bortol, P.O. Garh Raghunathpur P.S Purbi Tundi Dhanbad Jharkhand.

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49.Anita Soren, W/O Hiralal Murmu, Aged About 30 years, R/O Gabhala, Benagaria, P.O. Benagoria P.S. Nirsha Dhanbad Jharkhand.

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50.Anita Hembram, D/O Saheb Lal Hembram, Aged About 33 Years, R/O Ramkanali, P.O Debiana, P.S. Nirsha Dhanbad Jharkhand.

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51.Devki Kumari, D/O Pran Hembram, Aged About 29 years, R/O Manjhlítand, Katnia, P.O. Katania Ojhadih, P.S. Tundi, Dhanbad, Jharkhand.

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52.Babita Marandi, D/O Lakhiram Marandi, Aged About 29 Years, R/O Village Baraigarha, P.O. Debina, P.S. Nirsha Dhanbad Jharkhand.

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53.Kiran Kumari, D/O Shanichar Das, Aged About 34 years, R/O Sidhabad, P.O. Bhramandiha, P.S. Topchanchi, Naro Dhanbad, Jharkhand.

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54.Saraswati Hembram, D/O Nunulal Hembram, Aged About 29 years, R/O Sandmara Balka, Badhna, Panchet Dam, P.O. Panchet Dam, P.S. Pancheat, Dhanbad Jharkhand.

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... Petitioners/Appellants

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Neutral Citation No.2025:JHHC:36289-DB

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Versus

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The State of Jharkhand.

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The Secretary, Department of Home, Govt. of Jharkhand, Office at Project Bhawan, P.O. & P.S. Dhurwa, Dist.- Ranchi.

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The Director General of Home Guard, Government of Jharkhand, Office at Police Headquarters, P.O. & P.S. Dhurwa, Dist.- Ranchi.

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The District Commandant, Home Guard, Dhanbad, P.O. & P.S. Dhanbad, Dist.- Dhanbad.

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The Superintendent of Police, Dhanbad, P.O. & P.S.-Dhanbad, Dist.- Dhanbad.

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The Deputy Commissioner, Dhanbad, P.O. & P.S. Dhanbad, Dist.Dhanbad

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… Respondents/Respondents

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Chinta Kumari, D/O Bhikhan Mahto, Aged About 25 Years R/O P.O. Bhramandiha, P.S. Topchanchi, Naro Dhanbad Jharkhand.

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Suruj Muni Kumari, D/O Sanatan Tudu, Aged About 24 Years, R/O Village Singraidih, P.O. Fatehpur, P.S Purbi Tundi, Dhanbad Jharkhand.

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Priti Kumari, D/O Binod Kumar Jaiswal, Aged About 24 Years, R/O New Colony Putki, Panchayat Siyalgudri, P.O Kusunda, P.S. Putki, Dhanbad Jharkhand.

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Punam Kumari, D/O Binod Kumar Jaiswal, Aged About 25 Years, R/O New Colony Putki, Panchayat Siyalgudri, P.O Kusundá, P.S. Putki, Dhanbad Jharkhand.

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Malti Kumari, D/O Mohan Rawani, Aged About 26 Years, R/O Chirudih Near Kali Mandir, P.O Kusunda, P.S. Putki, Dhanbad Jharkhand.

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Madhuri Gorain, D/O Bhudav Gorain, Aged About 24 Years, R/O Bara Ambona, Chhotambana, P.O. Ambona, P.S. Nirsa, Dhanbad Jharkhand.

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Meera Devi, W/O Dhanuk Dhari Mahato, Aged About 33 Years, R/O Aam Bagan, Govindapur P.O. Sonardih, P.S. Madhuban, Tetuliya-1. Dhanbad Jharkhand.

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Maharani Soren, W/O Avinash Soren, Aged About 27 Years, R/O Gadi Tundi, Ratanpur, P.O. & P.S. Tundi, Dhanbad Jharkhand.

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Basanti. Kumari, D/O Mahabir Mahto, Aged About 27 years, R/O Aamtand, Ramakunda, P.O Ramakunda, P.S Topchanchi, Dhanbad Jharkhand.

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Neelu Nirmala Marandi, W/O Anthoni Tudu, Aged About 28 Years, R/O Village - Jamdiha, P.O. Maharajganj, P.O. P.S. Tundi, Dhanbad Jharkhand.

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Putul Kumari, D/O Santosh Mandal, Aged About 31 Years, R/O Bejramore, Bejra, P.O. Pokharia, P.S. Purvi Tundi Dhanbad Jharkhand.

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Neha Kumari, D/O Shant Kumar Mishra, Aged About 26 years, R/O Village Fatehpur, P.O. Fatehpur, P.S Purbi Tundi, Dhanbad Jharkhand.

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Rashmi Mishra, Shant Kumar Mishra, Aged About 28 years, R/O Fatehpur, Nirsa cum Chirkunda Dhanbad, P.O. Fatehpur, P.S Purbi Tundi, Dhanbad Jharkhand.

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Sabita Bauri, D/O Ashok Bauri, Aged About 23 years, R/o. Gopinathpur, Kapasara, P.O. Mugma, P.S. Nirsha, Dhanbad Jharkhand.

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Rekha Kumari, D/o. Matru Saw, Aged About 24 years, R/O Village - Kanta (Amtand), P.O. Madaidih, P.S Topchanchi, Dhanbad Jharkhand.

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... Petitioners/Performa Respondents

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CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR

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--------For the Appellants: Mr. Amitesh Kumar Geasen, Advocate Mr. Anuj Kumar Trivedi, Advocate For the State: Ms. Rishi Bharati, A.C. to A.A.G.-III

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Reserved on: 26.11.2025 Pronounced on: 04/12/2025

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Per Tarlok Singh Chauhan, C.J.

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1. Aggrieved by the judgment passed by the learned Writ Court, the

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writ petitioners/appellants have filed the instant Letters Patent Appeal.

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2. The parties shall be referred to as they were before the learned

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Writ Court.

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Case of the petitioners

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3. It was pleaded that the respondents had issued Advertisement No.01/2017 dated 27.12.2017 calling for recruitment of the posts of Home Guards. The petitioners participated and appeared as successful candidates in the merit-list published on 26.11.2018 by the respondents, but no procedure for enrollment of Home Guards was undertaken by the respondents.

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4. It was further pleaded that it was pursuant to the declaration of the merit-list that the respondents published dates for conducting verification of documents of successful candidates in the daily newspaper from 10.12.2018 to 21.12.2018 for both Urban (Technical and Non-Technical) and Rural Area. Thereafter, verification of documents was conducted for the successful candidates appearing in the merit-list and the petitioners being successful candidates, their names also appeared in the merit-list of Urban Area (Technical).

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5. Subsequent to the verification of documents of the petitioners, police verifications of the petitioners were conducted by respondent no.5 and thereafter on 14.11.2019 the petitioners had undergone medical examination. Thereafter, on successful completion of police and medication examinations, the petitioners had even submitted their undertakings/bonds as directed by the respondent no.5.

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6. On completion of the above-stated formalities, the petitioners were directed to open a bank account at State Bank of India, Hirapur, Dhanbad and a pension provident fund account in the names of the

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petitioners were also opened. Thereafter, a training list was published on the notice-board of the office of respondent no.5 of the successful candidates, however, no training camp was held.

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7. It was lastly averred that even though the respondents followed the entire process as envisaged under Section 3 of the Jharkhand Home Guards Rules read with Rule 5(4)(i) to (iv) of the Bihar Home Guards Rules, 1953, but failed to enroll the petitioners as Home Guards.

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8. The petitioners accordingly made several representations to the respondents-authorities regarding the delay in their enrollment as Home Guards and for issuance of certificate of appointment, but the respondents turned a deaf ear. Thereafter, the petitioners protested and taking cognizance of such protests, the respondent no.2 vide letter dated 15.10.2020 bearing Memo No.3942 asked the petitioners to stop their protest and gave assurance to the petitioners that their contentions would be brought to the notice of respondent no.1 within 15 days. However, no action thereupon was taken.

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9. Being aggrieved by such inaction, the petitioners approached the

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Writ Court for grant of following substantial relief:-

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“For direction upon the Respondents to complete the process of selection of the petitioners by enrollment and issuance of Certificate of Appointment to the petitioners whose names have appeared in the final merit list published on 26.11.2018 pursuant to Adv No. 01/2017 dated 27.12.2017 in a time bound manner.”

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Case of the respondents

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10. A counter affidavit has been filed on behalf of respondent no.3 wherein it was averred that office of respondent no.3 had sought a report from the office of District Commandant of Home Guard, Dhanbad, regarding the opening of bank accounts as alleged, whereupon, it had been informed that no such instructions/orders have been issued for opening bank accounts. It is also averred that there is no provision of provident fund or pension for Home Guard Volunteers. As regards the issue of non-appointment, it is averred that some allegations regarding corrupt and irregular practices in enrollment process had been levelled by several persons and, thereafter, the entire matter was duly enquired into and since large-scale irregularities were found, therefore, the enrollment process could not be completed, so the question of holding training programmes did not arise.

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11. It is thereafter clarified that after publication of the merit-list, various complaints were received regarding the said advertisement, appointment, selection, new enrollment, which led to filing of several writ petitions before this Court, wherein allegations regarding some illegal gratification had also been made for the selection and a video of the same had gone viral on the social media. After due enquiry, a case in Dhanbad Police Station being Dhanbad P.S. Case No. 102 of 2020 had been lodged in this regard and the investigation was pending. Also the videography of entire enrollment process had though been prepared, but was not made available to the Office by the Enrollment Committee

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despite several reminders. The same rather was said to be “not traceable”.

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12. It has also been averred in the counter affidavit of respondent no.3 that letter no. 82(Go.) dated 06.10.2020 has been sent to the Principal Secretary, Department of Home, Prison and Disaster Management, Government of Jharkhand, for cancellation of the enrollment and for taking legal action against the corrupt officers and other persons with a further request to get the matter enquired.

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13. It needs to be noticed that even though the Home Secretary, Department of Home, Prison and Disaster Management, Government of Jharkhand (respondent no.2) did not file any separate affidavit in the writ petition against which the instant appeal has been filed, however, an affidavit to this effect was filed in one of the connected writ petitions being W.P. (S) No. 1513 of 2021 titled Sagar Kumar Thakur and Others Vs. The State of Jharkhand and Others, which too has been dismissed by the learned Writ Court by a common judgment along with the writ petition against which the instant appeal has been filed.

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14. In the said affidavit it was averred by respondent no.3 that pursuant to the request of the Director General, Home Guard, Jharkhand, the Deputy Commissioner, Dhanbad vide letter No.1779 dated 01.10.2021 and letter bearing No.1569 dated 28.08.2021 submitted a comprehensive report to the Department. In his report, the Deputy Commissioner recommended for suitable action to be taken against the persons involved in the corrupt practices in the selection

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process of Home Guards for their enrollment in the district of Dhanbad. The report was under consideration of the Department.

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Finding of the learned Writ Court

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15. The learned Writ Court after considering the material on records came to a categorical conclusion that it was difficult for the Court to segregate the tainted candidates from the untainted candidates and, therefore, the respondents are well within their right to have cancelled the selection process which was in tune with the judgment rendered by the Hon’ble Supreme Court in Sachin Kumar & Ors Vs. Delhi Subordinate Service Commission Board & Ors, reported in (2021) 4 SCC 631 . Furthermore, the learned Writ Court after placing reliance on the judgment of the Hon’ble Supreme Court in Union Territory of Chandigarh Vs. Dilbagh Singh reported in (1993) 1 SCC 154 and another judgment of the Hon’ble Supreme Court in Union of India Vs. Tarun K. Singh reported in (2003) 11 SCC 768, held that since the petitioners do not acquire an indefeasible right to be appointed merely on account of their names figuring in the first merit list, segregating the selection process in such circumstances, would tantamount to perpetuating the illegal and unfair malpractices adopted in the selection process itself.

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Argument of the learned counsel for the petitioners/appellants

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16. It is vehemently argued by Mr. Amitesh Kumar Geasen, learned counsel appearing for the petitioners, that the findings recorded by the learned Writ Court are perverse, as there are sufficient materials

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available on record to segregate the tainted candidates from the untainted candidates, more particularly, because the petitioners’ names admittedly appeared in the first merit-list and the allegations regarding illegal gratification and other irregularities were with respect to the second merit-list. As a matter of fact, a complaint was made by one Rajendra Rabidas that one Dharmendra Kumar Singh had accepted money from the complainant on the pretext of getting his son and other candidates empanelled as Home Guards, on the basis of which Dhanbad P.S. Case No. 102 of 2020 was instituted against Dharmendra Singh; charge-sheet was also filed against him on account of his confessional statement that he had taken money from two candidates on the pretext of getting them selected, but this again pertained only to the second merit-list. In such circumstances, once the names of the petitioners could have been conveniently segregated as being not tainted for want of any allegation against first merit-list, they ought to have been offered appointment.

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Submission on behalf of the respondents-State

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17. On the other hand, Ms. Rishi Bharati, A.C. to learned A.A.G.-III appearing on behalf of the respondents-State, has submitted that it was after publication of the merit-list that various complaints were received regarding the selection allegedly made through illegal gratification and a video to that effect was also circulated in the social media. She also referred to the letter of the Deputy Commissioner and other documents to contend that when there is a large-scale corruption in the entire

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selection process, it is difficult to distinguish the candidates who have not resorted to unfair means and segregation of the merit-list would be an impossible in the entire process. It has further been contended that a video of the entire process of selection was made, but the same has not seen light of the day which creates a suspicion over the entire process of selection.

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Analysis of this Court

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18. We have heard the learned counsel for the parties and have gone through the materials placed on record.

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19. At the outset, it needs to be reiterated that for the misdeeds of some candidates, honest and meritorious candidates should not suffer. Therefore, endeavour should be made to segregate the tainted candidates from those who were without any stigma and had been selected because of their sheer merit and not on account of any illegal considerations. We are also fully conscious of the fact that consequences of en masse cancellation would carry a big stigma particularly on cancellation of the selections which took place because of serious charges of corruption. The unscrupulous candidates should not be allowed to damage the entire system in such a manner where innocent people also suffer great ignominy and stigma.

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20. Bearing in mind the aforesaid well-settled legal principles, we would try to make an endeavour to segregate the tainted from untainted. In this context, it would be apt to quote the two letters written by the

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Deputy Commissioner, Dhanbad to the Principal Secretary, Home dated

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01.10.2021 and 28.08.2021 respectively which read as under:-

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/kuckn] fnukad 01-10-2021 fo"k;%& foKkiu la0 01@2017 ds rgr~ /kuckn ftyk esa x`g j{kdksa ds uo ukeadj lacaf/k “kkjhfjd tk¡p ijh{kk ds fofM;ksxzkQh dh lh0Mh0 miyC/k djkus ds laca/k esaA

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izlax%& egkfuns’kd&lg&egklekns’Vk] >kj[k.M x`g j{kk okfguh ,oa vfXu’keu lsok] >kj[k.M] jk¡ph ds dk;kZy; i=kad OTD-0174/2016-611(A), fnukad & 19-06-2020

¶162

egk’k;]

¶163

mi;qZDr fo’k;d izklafxd i= ds vkyksd esa dguk gS fd lekns’Vk] xg & j{kk okfguh] eq[;ky;] jk¡ph ds }kjk foKkiu la0 & 01@2017 ds rgr~ /kuckn ftyk esa xg & j{kdksa ds uo ukekadu izfdz;k esa gqbZ xM+cM+h dks ysdj 'kkjhfjd tk¡p ls lacaf/kr fofM;ksxzkQh dh izfr dh ekax dh xbZ gS] ijUrq fofM;ksxzkQh dh izfr dk;kZy; esa miyC/k ugha gksus ds dkj.k eq[;ky; dks miyC/k ugha djk;k tk ldk gSA

¶164

;kafdr i= ds vkyksd esa vij ftyk n.Mkf/kdkjh¼fo0O;0½] /kuckn ,oa ftyk lekns’Vk] xg j{kk okfguh] /kuckn ds lkFk lEiUu cSBd esa lacaf/kr lafpdkvksa ,oa vfHkys[kksa dk voyksdu djrs gq, viuk earO; lfgr izfrosnu miyC/k djkus dk funs’k vij ftyk n.Mkf/kdkjh¼fo0O;0½ dks fn;k x;kA vij ftyk n.Mkf/kdkjh¼fo0O;0½] /kuckn us i=kad 1569@fo0O;0] fnukad & 28-082021 ls viuk earR; lfgr rF;kRed foLrr izfrosnu vuqyXud ds lkFk miyC/k djk;k x;k gSA ¼Nk;k izfr layXu½

¶165

vij ftyk n.Mkf/kdkjh ¼fo0O;0½] /kuckn ds izfrosnu ls ;g Li"V gS fd x`g j{kdksa ds uo ukekadu dh lEiw.kZ izfdz;k dk laykpu ftyk lekns’Vk dk;kZy;] /kuckn ls dh xbZ gSA ijUrq 'kkjhfjd tk¡p ijh{kk ls lacaf/kr lh0Mh0 ,oa gkMZ fMLd muds dk;kZy; esa lajf{kr ugha gSA

¶166

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¶168

bl laca/k esa mYys[kuh; gS fd uo ukekadu izfdz;k esa QthZokM+k ,oa voS/k olwyh ls lacaf/kr egkfuns’kd&lg&egklekns’Vk] dk;kZy; ds i= Kkikad 32@xks0] fnukad & 27-02-2020 ds vkyksd esa tk¡p ojh; iqfyl v/kh{kd] /kuckn ds }kjk iqfyl mik/kh{kd ¼xzkeh.k½] /kuckn ls djkbZ x;h] tk¡p izfrosnu ds voyksdu ls rrdkyhu lekns’Vk Jh vkns’k izlkn esgrk] xg j{kk okfguh] /kuckn] dEiuh dekaMj Jh xkSjo dqekj] xg j{kk okfguh] /kuckn rFkk dEiuh dekaMj Jh d’.k eqjkjh ik.Ms;] xg j{kk okfguh] /kuckn dh lafyIrrk izfrr gksrh gSA

¶169

iz/kku lfpo] ;kstuk&lg& foÙk foHkkx] >kj[k.M] jk¡ph ls fuxZr ladYi Kkikad 359¼;ks0½] jk¡ph] fnukad & 23-02-2016 ds dafMdk 3-3 & jkT; lsok ds {ksf=; inkf/kdkfj;ksa ij ljdkjh dk;Z ds fu’iknu ls lacaf/kr iz’kklfud ekeyksa esa izkFkfedh ntZ djus ls iwoZ muds iz’kklh foHkkx dh vuqefr vko’;d gksxhA

¶170

vr% layXu tk¡p izfrosnu ds vk/kkj ij rr~dkyhu ftyk lekns’Vk] /kuckn Jh vkns’k izlkn esgrk] dEiuh dekaMj Jh xkSjo dqekj] xg j{kk okfguh] /kuckn rFkk dEiuh dekaMj Jh d".k eqjkjh ik.Ms;] xg j{kk okfguh] /kuckn ds fo:) foHkkxh; dk;Zokgh ,oa FIR ntZ djus dh vuq’kalk fd tkrh gS] vuqjks/k gS fd mDr ekeys fd fof/ko~r tk¡p o vuqla/kku gsrq mDr rhuksa inkf/kdkjh ds fo:) FIR ntZ djus dh vuqefr iznku djus dh dik djsaA

¶171

iqu% mDr rhuksa inkf/kdkfj;ksa ij fu;a=h foHkkx }kjk foHkkxh; dkjZokbZ izkjaHk fd;s tkus dh vuq”kalk ij vko’;d dkjZokbZ djus dh d`ik djsaA

¶172

Email Id- [email protected]. Ph-9971801415

¶173

izs’kd]

¶174

MkW0 dqekj rkjkpan] ¼Hkk0iz0ls0½] vij ftyk n.Mkf/kdkjh ¼fo0O;0½] /kucknA

¶175

lsok esa]

¶176

mik;qDr] /kuckn

¶177

/kuckn] fnukad 28@08@21

¶178

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¶180

fo’k;%& x`g j{kdksa ds uo ukekadu ls lacaf/kr “kkjhfjd tk¡p ijh{kk ds fofM;ksxzkQh dh lh-Mh- dh vumiyC/krk dks ysdj mik;qDr /kuckn dh v/;{krk esa fnukad & 16-08-2021 dks vkgqr cSBd esa fn, x, funs’k ls lacaf/kr rF;kRed izfrosnu ds laca/k esaA

¶181

egk’k;]

¶182

mi;qZDr fo’k; ds laca/k esa dguk gS fd foKkiu la0 01@2017 ds rgr~ Lo;a lsod xg j{kdksa dh dksfV esa miyC/k fjfDr;ksa dks Hkjus ds fy, uo ukekadu dh izfdz;k gsrq eq[;ky; jk¡ph ds vkns’k Kkikad & vks0Vh0Mh0 uo0ukek0 02@2017@2100] fnukad & 12-12-2017 ds vkyksd esa xzkeh.k xg j{kdksa dh 405 fjfDr;ka ,oa “kgjh xg j{kdksa dh 663 fjfDr;ksa ds fy, uo ukekadu dh izfdz;k ljdkj dh vf/klwpuk la[;k 5442] fnukad & 20-10-2014 >kj[k.M xg j{kd ¼Lo;a lsod½ fu;ekoyh 2014 ds vuqlkj izkjaHk dh xbZA

¶183

bl ukekadu izfdz;k ds iwoZ gksus ds nkSjku dqN vH;fFkZ;ksa@vfoHkkodksa }kjk ukekadu izfdz;k esa xM+cM+h djus ,oa fu;qfDr ds uke ij voS/k olwyh djus lacaf/k vkjksi yxk;s x;sA ftlds vkyksd esa egkfuns’kd&lg&egklekns’Vk] >kj[k.M] jk¡ph ds vkns’k Kkikad 32@xks0] fnukad & 27-02-20 ls ojh; iqfyl v/kh{kd] /kuckn dks izkIr vkjksiksa dh fofM;ks fDyi ,oa izsl drju layXu djrs gq, foLrr tk¡p izfrosnu miyC/k djkus gsrq funsf’kr fd;k x;kA mDr i= ds vkyksd esa ojh; iqfyl v/kh{kd] /kuckn ds }kjk fo"k;&oLrq dh tk¡p iqfyl v/kh{kd ¼xzkeh.k½] /kuckn ls djk;h x;hA iqfyl v/kh{kd ¼xzkeh.k½] /kuckn us vius i=kad 561@xks0] fnukad & 03-03-20 ls folrr tk¡p izfrosnu ojh; iqfyl v/kh{kd] /kuckn dks lkSaik x;k ,oa ojh; iqfyl v/kh{kd] /kuckn us vius i=kad 2277@xks0] fnukad 11-04-20 ds ek/;e ls egkfuns’kd&lg&egklekns’Vk] xg j{kk okfguh ,oa vfXu’keu lsok] >kj[k.M] jk¡ph dks Hkstk x;kA ftlesa rRdkyhu ftyk lekns’Vk] Jh vkns’k izlkn esgrk] dEiuh dekaMj Jh xkSjo dqekj ,oa Jh d".k eqjkjh ik.Ms; ds Hkh lafyIr gksus dk mYys[k fd;k x;k gS rFkk orZeku esa dak.M vuqla/kkukUrxZr gSA lkFk gh izfronsu esa p;u izfdz;k ls lacaf/kr fofM;ksxzkQh dh lh0Mh0 miyC/k ugha djkus dk Hkh mYys[k fd;k x;k gSA

¶184

xg j{kdksa ds uo ukekadu esa mtkxj dh xbZ xM+cM+h dks ysdj lekns’Vk dk;kZy; >kj[k.M xg j{kk okfguh] jk¡ph }kjk xg j{kdksa ds uo ukekadu gsrq 'kkjhfjd tk¡p ijh{kk ls lacaf/kr fofM;ksxzkQh dh lh0Mh0 miyC/k djkus gsrq dbZ Lekj i= iwoZ esa izkIr gksus ds dkj.k Hkonh; dh v/;{krk esa fnukad & 16-08-2021 dks vkgwr cSBd esa fn;s x;s funsZ’k ds vkyksd esa v/kksgLrk{kjh }kjk ftyk lekns"Vk] xg j{kk okfguh] /kuckn ,oa ftyk utkjr milekgÙkkZ] /kuckn ds lkFk fnukad & 20-08-2021 dks fo"k;kafdr lafpdkvksa@vfHkys[kksa dh voyksdu ,oa leh{kk gsrq cSBd vkgqr dh x;hA ¼Nk;kizfr layXu½ v/kksgLrk{kjh dk;kZy; esa la/kkfjr lafpdkvksa ,oa lacaf/kr

¶185

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dk;kZy;ks ls izkIr lafpdkvks@vfHkys[kksa dh Nk;kizfr ds voyksduksijkar leh{kk dh xbZ tks fuEuor gSa %&

¶188

Lekns"Vk dk;kZy; jkaph }kjk fo"k;kafdr ekeyksa ls lacaf/kr fofM;ksxzkQh dh lh-Mh- miyC/k djkus gsrq fn, x, i= ds vkyksd esa bl dk;kZy; ds i=kad & 1705@fo0O;0] fn0 & 25-08-20 ,oa i=kad & 2389@fo0O;0] fn0 & 07-10-2020 ds }kjk ftyk utkjr mi&lekgrkZ] /kuckn dks fofM;ksxzkQh dh izfr miyC/k djkus dk funsZ'k fn;k x;k gSA

¶189

blh dze esa ftyk utkjr mi&lek0] /kuckn us vius i=kad& 320@utk0] fn0 & 09-10-2020 ls izfrosnu lefiZr fd;k gS fd x`g & j{kd p;u izfdz;k ls lacaf/kr dksbZ Hkh vfHkys[k vFkok fofM;ksxzkQh j[kus dk vkns’k mUgsa izkIr ugha Fkk vkSj uk gh j[kk x;k gSA cfYd p;u izfdz;k esa mi;ksx gsrq vf/k;kpuk ds vuq:i ys[ku lkexzh ,oa vU; lkexzh miyC/k djk;k x;k gSA mlh vf/k;kpuk ds vuq:i p;u izfdz;k gsrq fofM;ksxzkQh dk dk;Z djkus ds fy, Jh vejthr dqekj] Xykscy lfoZl ,tsalh /kS;k] /kuckn dks lkSaik x;k FkkA

¶190

 ftyk utkjr mi lekgÙkkZ }kjk izsf"kr i= i=kad & 485] fnukad & 15-09-2020 ds vkyksd esa mDr ,tsalh ds izksijkbVj Jh vejthr dqekj ds }kjk fnukad & 26-09-2020 dks viuk fyf[kr C;ku lefiZr dj Li"V fd;k gS fd ls lacaf/kr lEiw.kZ fofM;ksxzkQh lekns"Vk dk;kZy; esa vf/k"Bkfir dEI;wVj lsV esa lajf{kr djrs gq, daiuh dekUMj Jh d`".k eqjkjh ik.Ms; dks gLrxr djk fn;k x;k FkkA ¼fyf[kr C;ku dh Nk;kizfr nz"VO;½

¶191

lkFk gh Jh vejthr dqekj }kjk vius fyf[kr C;ku esa ;g Hkh Lohdkj fd;k x;k gS fd vxj fofM;k Missing gS rks dEI;qVj lsV dk gkMZfMLd miyC/k djkus ij mlls fofM;ks Retrieve djk;k tk ldrk gSA

¶192

ftyk lekns"Vk dk;kZy; ds i= Kkikad & 652] fnukad & 08-07-2020 ds dze esa dEiuh dek.Mj Jh d`".k eqjkjh ik.Ms; ds }kjk fnukad & 27-07-2020 dks lefiZr vius fyf[kr C;ku esa fofM;ksxzkQh ;k gkMZfMLd izkIr djk;s tkus dh ckr dks vLohdkj fd;k x;k gS rFkk ;g Hkh mYys[k fd;k gS fd uo & ukekadu izfdz;k dk lapkyu@ns[k&js[k ds vykos fdlh izdkj dk fofM;ksxzkQh vFkok vfHkys[k bR;kfn dk j[k&j[kko djus dk izHkkj@vkns’k mUgsa ugha fn;k x;k FkkA

¶193

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tcfd ftyk lekns"Vk dk;kZy;] /kuckn ls fuxZr vkns’k Kkikad& 578] fn0 & 24-04-18 ds dz0 la0&01 ij ntZ vkns'k ds vuqlkj Jh d".k eqjkjh ik.Ms; dks dk;Z izHkkj ds :i esa xg & j{kdksa ds uo&ukekadu ls lacaf/kr lHkh fjdkWMZ lafpdkvksa dk la/kkj.k ,oa j[k&j[kko djus dk vkns’k fuxZr fd;k x;k gSA

¶196

bl izdkj rRdkfyu dEiuh dek.Mj Jh d".k eqjkjh ik.Ms; }kjk fnukad & 27-07-2020 dks lefiZr fyf[kr C;ku lR; ls ijs ,oa lafnX/k izrhr gksrk gSA

¶197

bl laca/k esa ;g Hkh mYys[kuh; gS fd ftyk lekns"Vk] xg & j{kk okfguh /kuckn us vius i=kad&797] fn0&22-07-2019 ds }kjk lekns"Vk >k0x0j0ok0] eq[;ky;] jk¡ph dks uo&ukekadu gsrq tkjh dh xbZ foKkiu la0&01@2017 dh ftyk dk;kZy; Lrj dh lkjh izfdz;k iw.kZ dj oÙk Hkstk x;k gS] rFkk i=kad&964] fn0&11-09-19 ds }kjk lekns"Vk] >k0x0j0ok0 eq[;ky;;] jk¡ph dks foKkiu la0&01@2017 ds vUrxZr 708 ¼lkr lkS vkB½ lQy vH;fFkZ;ksa esa ls tk¡pksijkUr dqy 554 ¼ik¡p lkS pkSou½ p;fur x`g & j{kdksa dh lwph Hkh Hksth xbZ gSA

¶198

aKkr gks fd xg j{kdksa ds uo ukekadu gsrq mDr p;u izfdz;k ¼cgkyh½ dks ysdj i{k@foi{k esa ekuuh; mPp U;k;ky;] >kj[k.M] jk¡ph esa vyx&vyx O;fDr;ksa }kjk dqy ukS okn nk;j fd;s tkus dh lwpuk ftyk lekns"Vk] xg j{kk okfguh /kuckn us vius i=kad 864] fnukad& 16-08-2021 ds ek/;e ls lwfpr fd;k x;k gS] tks orZeku esa ekuuh; mPp U;k;ky; esa fopkjk/khu gSA

¶199

vr% mijksDr rF;ksa ds voyksdu ,oa fo’ys"k.k ds vk/kkj ij fcUnqokj eUrO;

¶200

fuEuor~ gS %&

¶201

aiqfyl v/kh{kd¼xzkeh.k½] /kuckn ds }kjk ojh; iqyhl v/kh{kd] /kuckn dks lkSais x;s tk¡p izfrosnu ds vkyksd esa rRdkfyu ftyk lekns"Vk] xg j{kk okfguh] /kuckn Jh vkns’k izlkn esgrk] dEiuh dekaMj Jh xkSjo dqekj ,oa dEiuh dek.Mj Jh d".k eqjkjh ik.Ms; ds fo:) foHkkxh; dkjZokbZ gsrq muds foHkkx dks lwfpr djrs gq, muds fo:) FIR Hkh ntZ djk;k tk ldrk gSA

¶202

fofM;ksxzkQh ,oa gkMZfMLd dh vuqiyC/krk dks ysdj dEI;qVj vkWijsVj] lekns"Vk dk;kZy;] xg j{kk okfguh] /kuckn rFkk fofM;ksxzkQh dk;Z djkus gsrq izkf/kdr Jh vejthr dqekj] Xykscy ,tsalh] /kS;k /kuckn dh Hkwfedk lafnX) ik;s tkus ds dkj.k buds fo:) FIR ntZ djkus gsrq lekns"Vk] x`g j{kk okfguh] /kuckn dks funs’k fn;k tk ldrk gSA

¶203

mijksDr uo ukekadu izfdz;k esa xM+cM+h dks ns[krs iwjh ukekadu izfdz;k dks fujLr fd;k tk ldrk gSA

¶204

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¶206

lkFk gh lkef;d la[;k cy ds vk/kkj ij fjfDr;ksa dh la[;k dk vkdyu djrs gq, uo ukekadu dh izfdz;k dks iqu% izkjaHk djus ij fopkj fd;k tk ldrk gSA

¶207

vuqyXud %& ;Fkk&mi;qZDrA

¶208

21. The translated copies of the aforesaid letters are as under:-

¶209

Government of Jharkhand Collectorate (District Law and Order Cell), Dhanbad Email Id – [email protected], Ph- 9971801415 Letter No. 1779 /Vi. Vya.

¶210

From,

¶211

Deputy Commissioner,

¶212

-cum-

¶213

District Magistrate, Dhanbad.

¶214

To,

¶215

The Principal Secretary, Department of Home, Prison and Disaster Management, Jharkhand, Ranchi.

¶216

Dhanbad, Dated 01.10.2021 Subject:-Regarding making available of the C.D. of

¶217

videography of physical test related to fresh enrolment of Home Guards in Dhanbad district against Advertisement No. 01/2017.

¶218

Ref- Letter No. OTD-01-74/2016-611(A), dated 19.06.2020 of the Office of Director General-cumCommandant General, Jharkhand Home Guard Battalion and Fire Service.

¶219

Sir,

¶220

I am to say regarding above noted subject and referred letter for making available the copy of videography related to irregularities committed in physical test for fresh enrolment procedure of Home Page 19 of 30

¶221

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¶222

Guard in Dhanbad district against Advertisement No. 01/2017 published by the Commandant, Home Guard Battalion, Headquarters, Ranchi, but copy of videography could not be made available to the Headquarters as it was not available in the Office.

¶223

In view of the above noted letter and after perusal of related records and files in meeting held with the Additional District Magistrate (Vi.Vya.), Dhanbad and the District Commandant, Home Guard Battalion, Dhanbad, the Additional District Collector (Vi.Vya.) has been directed to submit a report along with his findings. The Additional District Magistrate (Vi.Vya.), Dhanbad has made available a detailed factual report along with his findings vide Letter No. 1569/Vi.Vya., dated 28.08.2021 (photocopy enclosed).

¶224

It is clear from the report of Additional District Magistrate (Vi.Vya.), Dhanbad that entire process for fresh enrolment of Home Guards has been conducted by the Office of District Commandant, Dhanbad. But C.D. and Hard Disk related to physical test have not been preserved in his office.

¶225

In this regard, it is pertinent to mention that the Senior Superintendent of Police, Dhanbad has got investigated the matter related to malpractice and illegal gratification in fresh enrolment procedure by the Deputy Superintendent of Police (Rural), Dhanbad in view of Letter Memo No. 32/Go. Dated 27.02.2020 of the Director General-cum-Commandant General. It appears from perusal of inquiry report that Sri Adesh Prasad Mehta, then Commandant, Home Guard Battalion, Dhanbad; Sri Gaurav Kumar, Company Commander, Home Guard

¶226

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¶228

Battalion, Dhanbad and Sri Krishna Murari Pandey, Company Commander, Home Guard Battalion, Dhanbad were involved in it.

¶229

Para-3.3 of Resolution Memo No. 359 (Yo.), Ranchi dated 23.02.2016 issued by the Principal Secretary, Department of Planning-cum-Finance, Jharkhand, Ranchi -- it is necessary to take permission from the Administrative Department of Regional Officers of the State Services prior to lodging F.I.R. against them for performing their official duty.

¶230

Therefore, on the basis of enclosed inquiry report, it is recommended for departmental inquiry and lodging of F.I.R. against Sri Adesh Kumar Mehta, then Commandant, Dhanbad; Sri Gaurav Kumar, Company Commander, Home Guard Battalion, Dhanbad; Sri Krishna Murari Pandey, Company Commander, Home Guard Battalion, Dhanbad. Therefore, it is requested to grant permission for lodging of F.I.R. against aforesaid three officers for inquiry and investigation as per law.

¶231

Again, it is requested to take necessary action after recommendation by their Controlling Department for initiating departmental proceeding against aforesaid three officers.

¶232

Government of Jharkhand

¶233

Collectorate (District Law and Order Cell), Dhanbad. Email [email protected], Ph-9971801415 Letter No. - 1569 / Vi.Vya.

¶234

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Neutral Citation No.2025:JHHC:36289-DB

¶236

From,

¶237

Dr. Kumar Tarachand (IAS), Additional District Magistrate (Law & Order), Dhanbad.

¶238

To,

¶239

The Deputy Commissioner, Dhanbad

¶240

Dhanbad, Date: - 28/08/21 Subject:- Regarding the factual report related to the direction given in the meeting held on 16.08.2021 under the Chairmanship of Deputy Commissioner, Dhanbad regarding the non-availability of the CD of the videography of the physical test for the fresh enrolment of Home Guards.

¶241

Sir,

¶242

I am to say regarding the above subject that in the light of the Order Memo No. O.T.D. Nav. Nama. 02/2017/2100 dated 12.12.2017 of Headquarters Ranchi regarding the process of fresh enrolment to fill up the vacancies available in the category of Volunteer Home Guards against Advertisement No. 01/2017, the process of fresh enrolment for 405 vacancies of Rural Home Guards and 663 vacancies of Urban Home Guards was initiated as per Government Notification No. 5442, dated 20.10.2014 and Jharkhand Home Guard (Volunteer) Rules 2014.

¶243

During the course of this enrolment process, some candidates/guardians alleged irregularities in the enrolment process and illegal gratification in the name of appointments. In light of this, vide Order Memo No. 32/ Go., dated 27.02.20 of the Director General-cumCommandant General, Jharkhand, Ranchi, enclosing the video clips and the press clippings of the allegations

¶244

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¶246

received, the Senior Superintendent of Police, Dhanbad was directed to submit a detailed inquiry report. In the light of the aforesaid letter, the Senior Superintendent of Police, Dhanbad got the matter inquired by the Superintendent of Police (Rural), Dhanbad. The Superintendent of Police (Rural), Dhanbad, vide his Letter No. 561/Go. dated 03.03.20, submitted the detailed inquiry report to the Senior Superintendent of Police, Dhanbad. The Senior Superintendent of Police, Dhanbad, vide his Letter No. 2277/ Go. dated 11.04.20, sent the aforesaid report to the Director General-cumCommandant General, Home Guard Battalion and Fire Service, Jharkhand, Ranchi. In the aforesaid report, the involvement of the then District Commandant Sri Aadesh Prasad Mehta, Company Commander, Sri Gaurav Kumar and Sri Krishna Murari Pandey has also been mentioned, and at present the matter is under investigation. It has also been mentioned in the aforesaid report that the CD of the videography related to the selection process has not been made available.

¶247

Regarding the irregularities came in light for the fresh enrolment of Home Guards, several reminder letters were received from the Office of the Commandant, Jharkhand Home Guard Battalion, Ranchi for providing the CD of videography related to the physical test for the fresh enrolment of Home Guards and in the light of the direction given in the meeting held on 16.08.2021 under your chairmanship, a meeting was called by the undersigned with the District Commandant, Home Guard Battalion, Dhanbad and the District Nazarat Deputy Collector, Dhanbad on 20.08.2021 for perusal and review

¶248

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¶250

of related files/records (photocopy enclosed). After reviewing the files maintained in the office of the undersigned and the photocopies of the files/ records received from the concerned offices, observations made are as follow:

¶251

In light of the letter issued by the office of Commandant, Ranchi for providing the CD of videography related to the above subject matter, the District Nazarat Deputy Collector, Dhanbad has been directed vide Letter Nos. 1705/Vi. Vya. dated 25.08.2020 and 2389/Vi. Vya. dated 07.10.2020 of this office to submit a copy of the videography.

¶252

 In this connection, the District Nazarat Deputy Collector, Dhanbad has submitted a report vide his Letter No. 320/Naza. dated 09.10.2010 stating therein that he had not received any order to keep any record or videography of the selection process of Home Guards and the same has not been kept. Rather, stationary and other materials were provided for use in the selection process as per the requisition. As per the same requisition, the work of videography for the selection process was allotted to Sri Amarjeet Kumar, Global Service agency, Dhaiya, Dhanbad.

¶253

In light of the Letter No. 485 dated 15.09.2010 issued by the District Nazarat Deputy Collector, Dhanbad, the proprietor of the said agency Shri Amarjeet Kumar has submitted a written statement on 26.09.2020 clarifying therein that the entire videography of the selection process was preserved in the computer installed in the Office of the Commandant and the Hard Disk was

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handed over to Sri Krishna Murari Pandey, Company Commander, but no evidence of the handing over has been produced/attached (the photocopy of the written statement may be seen). Further, Sri Amarjeet Kumar had also admitted in his written statement that if the video is missing then the video can be retrieved if the hard disk of the computer set is made available.

¶257

In response to Letter No. 652 dated 08.07.2020 issued by the Office of District Commandant, Sri Krishna Murari Pandey, Company Commander has denied having received the videography or the hard disk in his written statement submitted on 27.07.2020 and has also mentioned that besides conducting/supervising of the fresh enrolment process, he was not ordered/ handed over the charge for any videography.

¶258

Whereas, as per Sl. No. 1 of the Order Memo No. 578 dated 24.04.18 issued by the Office of the District Commandant, Dhanbad, Sri Krishna Murari Pandey has been ordered to maintain all the record/files related to fresh enrolment of the Home Guards as per his assignment/work charge.

¶259

Thus, the written statement submitted by the then Company Commander Sri Krishna Murari Pandey on 27.07.2020 appears to be beyond truth and suspicious.

¶260

 In this regard, it is also pertinent to mention that the District Commandant, Home Guard Battalion, Dhanbad, vide his Letter No. 797 dated 22.07.2019, has submitted the minutes to the Commandant, Jharkhand Home Guard Battalion, Headquarters, Ranchi after completing the entire

¶261

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procedure at district level in connection with Advertisement No. 01/2017 published for fresh enrolment, and vide his Letter No. 964 dated 11.09.2019, has also sent a list of 554 (five hundred fifty-four) selected candidates out of 708 (seven hundred eight) successful candidates against Advertisement No. 01/2017 after its verification to the Commandant, Jharkhand Home Guard Battalion, Headquarters, Ranchi.

¶264

It is known that the District Commandant, Home Guard Battalion, Dhanbad has informed vide his Letter No. 864 dated 16.08.2021 that different persons have filed altogether nine cases in favour/opposition of the said selection process (recruitment) for fresh enrolment of Home Guards in the Hon’ble High Court of Jharkhand, Ranchi and which are pending in hon’ble Court.

¶265

Therefore, on the basis of perusal and analysis of the aforesaid facts, the point wise findings are as follows: -

¶266

1. In the light of inquiry report submitted by the Superintendent of Police (Rural) to the Senior Superintendent of Police, Dhanbad, an FIR may also be lodged against Sri Aadesh Prasad Mehta, then District Commandant, Home Guard Battalion, Dhanbad, Sri Gaurav Kumar, Company Commander and Sri Krishna Murari Pandey, Company Commander after informing their respective departments for departmental proceedings.

¶267

2. Direction may be given to the District Commandant, Home Guard Battalion, Dhanbad to lodge FIR against the Computer Operator, Office of the Commandant,

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Home Guard Battalion, Dhanbad for non-availability of videography and Hard Disk and Shri Amarjeet Kumar, Global Agency, Dhaiya, Dhanbad authorized for videography as his role is found to be suspicious.

¶271

3. Keeping in view the malpractices committed in the fresh enrolment process, the entire enrolment process may be cancelled.

¶272

4. Along with this, commencement of fresh enrolment process may be considered after assessment of the vacancies on the basis of current work force.

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Encl.- As above.

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Yours faithfully Sd/-Illegible Dr. Kumar Tarachand (IAS) Additional District Magistrate (Law & Order) Dhanbad”

¶275

22. In case the contents of the aforesaid letters are perused, it would

¶276

go to indicate that when an in-depth factual enquiry has revealed systemic irregularities, such as, malaise or fraud, that undermine the integrity of the entire selection process and in such circumstances, no fault can be found with the action of the respondents where they decided to cancel the selection in its entirety. It is not possible to segregate the tainted and untainted candidates. The decision taken by the respondents to cancel the selection en masse is based on the satisfaction derived from sufficient material collected through a fair and thorough investigation and it is settled law that it is not necessary for the material collected to conclusively prove malpractice beyond a reasonable doubt. The standard of evidence should be reasonable

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certainty of systemic malaise. The probability test is applicable. Despite the inconvenience caused to untainted candidates, when broad and deep manipulation in the selection process is proven, due weightage has to be given to maintaining the purity of selection process.

¶280

23. In coming to such conclusion, we are duly fortified and supported by recent judgment of the Hon’ble Supreme Court in State of West Bengal Vs. Baishakhi Bhattacharyya (Chatterjee) and Others reported in 2025 SCC OnLine SC 719.

¶281

24. As regards the position of the candidates like the petitioners who have not yet been offered employment, the same is dealt with in illousterious judgments of Hon’ble Supreme Court in Tarun K. Singh (supra) and Employees’ State Insurance Company Vs. Dr. Vinay Kumar and Others reported in (2022) 18 SCC 358.

¶282

25. In Tarun K.Singh (supra), the Hon’ble Supreme Court observed as under:-

¶283

“ 4. The question for consideration is whether the learned Single Judge of the Allahabad High Court was justified in interfering with an order of cancellation passed by the competent authority and directing that the process of selection should be completed. Needless to mention that subsequent to the order of cancellation, in view of the allegation of malpractice, the departmental authorities had held an enquiry into the matter and the result of that enquiry revealed gross irregularities and illegalities as referred to in the judgment of the Division Bench of the Allahabad High Court. Consequently the process of selection to a public office, which stands vitiated by adoption of large-scale

¶284

malpractice, cannot be permitted to be sustained by a court of law.

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That apart, an individual applicant for any particular post does not get a right to be enforced by a mandamus unless and until he is selected in the process of selection and gets the letter of appointment. In the case in hand, much before the so-called list of selection was approved by the Railway Board, the order of cancellation had emanated on the basis of complaints received from so many quarters. In view of the subsequent findings of the Enquiry Committee which has gone into the matter, we have no hesitation in coming to the conclusion that the learned Single Judge of the Allahabad High Court was wholly in error in issuing the direction in question and therefore the Division Bench of the Allahabad High Court was fully justified in interfering with the said order of learned Single Judge of the Allahabad High Court. The Division Bench of the Calcutta High Court committed error in following the judgment of learned Single Judge of the Allahabad High Court. The judgment of the Division Bench of the Calcutta High Court is set aside and the judgment of the Division Bench of the Allahabad High Court is upheld. In the circumstances, we allow the Union's appeals and dismiss the appeals filed on behalf of the individual candidates. The appeals are disposed of accordingly. Any other question of law remains open. ”

¶288

26. In Dr. Vinay Kumar’s case (supra) also, the Hon’ble Supreme Court emphasized that applicant does not have a legal right to insist that the recruitment process, once set in motion, be carried to its logical conclusion and such a right may not be given even upon the inclusion of a candidate in the select list. The Court, however, made it clear that exercise of such power would be subject to genuine principle against arbitrariness in administrative action.

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Conclusion

¶292

27. In the given facts and circumstances, we find no reason to interfere with the impugned judgment passed by the learned Writ Court where it reached a conclusion in paragraph 12 as under:-

¶293

“ 12. Thus, viewed in the backdrop of the entire facts and circumstances of the case and when a cloud of suspicion hovers over the entire selection process and since the petitioners do not acquire an indefeasible right to be appointed, merely on account of their names figuring in the first merit list, segregating the selection process in such circumstances, would tantamount to perpetuating the illegal and unfair malpractices adopted in the selection process itself.”

¶294

28. In view of the aforesaid discussions and the reasons stated above, we find no merit in this appeal. The same is accordingly dismissed, leaving the parties to bear the costs.

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(Tarlok Singh Chauhan, C.J.)

¶296

(Rajesh Shankar, J.)

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December 4^th , 2025 A.F.R.

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Manoj/Cp.2

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Uploaded on 04.12.2025

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Sangita Murmu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sangita Murmu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

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