Prabir Kumar Dandapat Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

Prabir Kumar Dandapat Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

All three impugned show-cause notices (memo Nos. 2237(23) dated 20.11.2019, 761(23) dated 04.06.2019 and 853(23) dated 17.06.2020) quashed and set aside, with liberty to the respondents to proceed afresh in accordance with law and applicable rules; all the writ applications stand disposed of.

Issue for consideration

Whether the impugned show-cause notices — which declare the petitioners' appointments bad in law and, in the same notice, propose termination of their services — bear the character of a pre-judged verdict and are liable to be quashed.

Court's answer

In a first show-cause notice the respondents are required only to ask the queries and cannot pre-judge any offence.

Ratio / Principle

On examination of the nature and content of the impugned show-cause notices, this Court holds that they pertain the character of a pre-judged verdict.

Key takeaways

The respective show-cause notices — memo No. 2237(23) dated 20.11.2019, Memo No. 761(23) dated 04.06.2019 and Memo No. 853(23) dated 17.06.2020 — are quashed and set aside.ratio¶53
Notwithstanding the quashing, the respondents remain at liberty to proceed in any proceeding in accordance with law and applicable rules and regulations.ratio¶53

Detailed headnote1 paragraphs

Service matter – Jharkhand High Court (Deepak Roshan, J.), 15.01.2026 – Three consolidated writ petitions (W.P.(S). Nos. 2254, 2095 and 2096 of 2020) by Laboratory Technicians and Pharmacists under the Department of Health, initially appointed on contract and later regularized/absorbed, challenging show-cause notices (memo Nos. 2237(23) dt. 20.11.2019, 761(23) dt. 04.06.2019 and 853(23) dt. 17.06.2020) declaring their appointments bad in law. Held: a first show-cause notice must confine itself to seeking queries and cannot pre-judge any offence; since the last line of each notice itself proposed termination of services, the notices pertained the character of a pre-judged verdict. Accordingly all three notices were quashed and set aside, with the respondents left at liberty to proceed in any proceeding in accordance with law and applicable rules; the writs were disposed of. No statute or precedent was cited in the judgment text.

2026:JHHC:1219

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S). No. 2254 of 2020

1. Md. Shamun Alam, son of Mansur Alam, aged about 44 years, at present posted as Laboratory Technician, District Health Public Laboratory (DPH Lab), Sadar Hospital, Chaibasa, P.O. & P.S. Chaibasa, District West Singhbhum, Chaibasa, resident of 54 Ward No. 12, Pulhatu Baribazar, Sadar Chaibasa, P.O. & P.S. Chaibasa, District West Singhbhum, Chaibasa.

1. Binod Kumar, son of late Sidheshwar Prasad, aged about 51 years, at present posted as Lab Technician, Primary Health Centre, Tantnagar, West Singhbhum, resident of New Colony Tungri, Chaibasa, P.O. & P.S. Chaibasa, District West Singhbhum, Chaibasa.

………. Petitioners

Versus

The State of Jharkhand.

The Principal Secretary, Department of Health, Medical Education and Family Welfare, Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi.

The Director-in-Chief, Health Services, Govt. of Jharkhand, RCH Building, Namkum, P.O. & P.S. Namkum, District Ranchi.

The Deputy Commissioner, West Singhbhum, P.O. & P.S. Chaibasa, District West Singhbhum.

The Civil Surgeon-cum-Chief Medical Officer, West Singhbhum, Chaibasa, P.O. & P.S. Chaibasa, District West Singhbhum.

………. Respondents

With

W.P.(S). No. 2095 of 2020

1. Prabir Kumar Dandapat, son of Sri Rameshwar Dandapat, aged about 38 years, at present posted as Pharmacist, Primary Health Centre, Tantnagar, Chaibasa, West Singhbhum, resident of New Colony Tungri, P.O. Chaibasa, P.S. Muffasil, District West Singhbhum, Chaibasa.

1. Sukumar Mandal, son of Jnanendra Mandal, aged about 47 years, at present posted as Pharmacist, Referal Hospital Juri Potka, East Singhbhum, resident of village and P.O. Rasunchopa, P.S. Kowali, District East Singhbhum

1. Braj Kishor Kumar, son of Daya Ram Singh, aged about 47 years, at present posted as Pharmacist, M.G.M. Medical College, Jamshedpur, resident of Ratan Market Chota Govindpur, P.O. & P.S. Govindpur Housing Colony, District East Singhbhum.

……….. Petitioners

Versus

The State of Jharkhand

The Principal Secretary, Department of Health, Medical Education and Family Welfare, Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi.

The Director-in-Chief, Health Services, Govt. of Jharkhand, RCH Building, Namkum, P.O. & P.S. Namkum, District Ranchi.

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2026:JHHC:1219

The Civil Surgeon-cum-Chief Medical Officer, West Singhbhum, Chaibasa, P.O. & P.S. Chaibasa, District West Singhbhum

……………. Respondents

With

W.P.(S). No. 2096 of 2020

Ranjan Kumar Pradhan, son of Sri Dhaneshwar Pradhan, aged about 42 years, at present posted as Pharmacist, Primary Health Centre, Sonua, West Singhbhum, resident of village Asantalia, P.O. & P.S Sonua, District West Singhbhum-833105 (Jharkhand).

Rakesh Prasad Sahu, son of Dhirendra Nath Sahu, aged about 41 years, at present posted as Pharmacist, Additional Primary Health Centre, Adityapur, Saraikela-Kharsawan, resident of Sao Medical Hall, Chowka, P.O. & P.S. Chowka. District Saraikela-Kharsawan-832404 (Jharkhand).

Ramlal Mahto, son of Nakul Mahto, aged about 42 years, at present posted as Pharmacist, Sub-Divisional Hospital, Chakradharpur, West Singhbhum, resident of Jamid, P.O. Jamid, P.S. Chakradharpur, District West Singhbhum (Jharkhand) 833102.

Roshan Lal Mandal, son of Late Bijay Kumar Mandal, aged about 39 years, at present posted as Pharmacist, Primary Health Centre, Bandgaon, West Singhbhum, resident of Pump Road, Pandey Block Chakradharpur, P.O. Chakradharpur, P.S. Chakradharpur, District West Singhbhum-833102 (Jharkhand).

………….. Petitioners

Versus

The State of Jharkhand.

The Principal Secretary, Department of Health, Medical Education and Family Welfare, Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi.

The Director-in-Chief, Health Services, Govt. of Jharkhand, RCH Building, Namkum, P.O. & P.S. Namkum, District Ranchi.

The Civil Surgeon-cum-Chief Medical Officer, West Singhbhum, Chaibasa, P.O. & P.S. Chaibasa, District West Singhbhum, Chaibasa. …………. Respondents

CORAM : HON’BLE MR. JUSTICE DEEPAK ROSHAN

----------- For the Petitioner s : Mr. Deepak Kr. Prasad, Advocate For the State : Mr. Manish Mishra, GA-V Ms. Aditee Dongrawat, AC to GP-V Mr. Rakesh Kr. Roy, AC to GA-III Mr. Rahul Kamlesh, AC to SC-IV

08/ 15.01.2026 Heard learned counsel for the parties.

2. All these writ applications are having common issue involved of respective petitioners who were employees under the respondent- Department of Health.

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2026:JHHC:1219

3. The only grievance of the respective petitioners is that initially they were appointed on contractual basis and thereafter, they were regularized/absorbed in the respective Departments. All of a sudden, respective show-cause notices were issued which is made impugned in the respective writ applications, holding that the appointments of the petitioners are bad in law.

4. It has been contended by learned counsel for the petitioners that from bare perusal of the show-cause notice dated memo No. 2237(23) dated 20.11.2019, Memo No. 761(23) dated 04.06.2019 and Memo No. 853(23) dated 17.06.2020, it appears that the same is premeditated, inasmuch as, in the last line of the show-cause notice it has been stated why not the services of the petitioners be terminated.

5. In this regard it is observed that the law is well settled that any show-cause notice would not pertain the character of 2^nd showcause notice. In the 1^st show-cause notice, the respondents are required to ask the queries but they cannot pre-judge any offence.

6. Looking to the nature of show-cause notice and its content; this Court holds that it pertains the character of pre-judged verdict.

7. Accordingly, the respective show-cause notices; being memo No. 2237(23) dated 20.11.2019, Memo No. 761(23) dated 04.06.2019 and Memo No. 853(23) dated 17.06.2020, are hereby, quashed and set aside. However, respondents are at liberty to proceed in any proceeding in accordance with law and applicable rules and regulations.

8. With the aforesaid observations, all these applications stand disposed of.

(Deepak Roshan, J.)

15^th January, 2026 Kunal/Uploaded on 29/01/2026

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