Ladle Hasan, son of Md. Hafize Khan, resident of Chainpur, Near Hospital Chowk, Chainpur v. 1. The State of Jharkhand. 2. The Secretary, Department of Health and Family Welfare
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2127 of 2021 --------- Ladle Hasan, son of Md. Hafize Khan, resident of Chainpur, Near Hospital Chowk, Chainpur, P.O. & P.S. ..… Petitioner Chainpur, District-Palamau. Versus 1. The State of Jharkhand. 2. The Secretary, Department of Health and Family Welfare, Government of Jharkhand, P.O. & P.S. Dhurwa, District-Ranchi, Jharkhand 3. The Deputy Commissioner, Palamau at Daltonganj, P.O. & P.S., Daltonganj District Palamau, Jharkhand. 4. The Civil Surgeon, Sadar Hospital, Daltonganj, P.O. & P.S., Daltonganj, District Palamau, Jharkhand. 5. The Deputy Collector (Establishment) at Daltonganj, P.O. & P.S. Daltonganj, District Palamau, Jharkhand. 6. The In-charge Medical officer, Chhatarpur, P.O & P.S.- Chhatarpur, District-Palamau, Jharkhand. 7. The In-charge Medical Officer, Chainpur, P.O. & P.S. Chainpur, District-Palamau, Jharkhand. ..... Respondents With W.P. (S) No. 589 of 2021 --------- 1. Upendra Chaudhary, S/o Sri Laxman Ram, R/o- Hameedganj, Sadar Hospital Road, P.O. & P.S.- Daltonganj, District-Palamau, Jharkhand. 2.Ranjeet Kumar, S/o Banke Mohan Prasad, R/o Hospital Chowk, Chainpur, P.O. & P.S. Chainpur, District-Palamau, Jharkhand. 3. Touhid Khan, S/o Late Abdul Sattar Khan, R/o Hopital Chowk, P.O. & P.S.-Chainpur, District-Palamau, Jharkhand. ..… Petitioners Versus 1. The State of Jharkhand. 2. The Principal Secretary, Department of Personnel, Administrative Reform and Rajbhasha Department, 1 having its office at Project Building, P.O-Dhurwa, P.S.- Jagarnathpur, District-Ranchi. 3. The Joint Secretary, Department of Personnel, Administrative Reforms and Rajbhasa Department, having its office at Project Building, PO- Dhurwa, PS- Jagarnathpur, District- Ranchi, Jharkhand; 4.The Commissioner, Palamau, having its office at near Police line Daltonganj, P.O. & P.S.- Daltonganj, District- Palamau, Daltonganj. 5. The Deputy Commissioner, Palamau, P.O. & P.S.- Daltonganj, District- Palamau, Daltonganj. 6.Civil Surgeon- cum- Chief Medical Officer, Palamu, P.O. & P.S.- Daltonganj, District- Palamau, Daltonganj. ..... Respondents With W.P. (S) No. 629 of 2021 --------- 1. Dhirendra Kumar Singh, son of Vigan Singh, resident of Gram Purandar Bigha, Hussainabad, P.O. Japla, P.S. Hussainabad, Distric-Palamau, Jharkhand. ..… Petitioner Versus 1. The State of Jharkhand through Chief Secretary, Government of Jharkhand, Ranchi, having office at P.S. Project Building, Dhurwa, Jagannathpur, District-Ranchi. P.O. Dhurwa, 2. The Secretary, Department of Health, Medical of Education and Family Welfare, Government Jharkhand, having its office at Yojana Bhawan, Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District- Ranchi, Jharkhand 3. The Commissioner, Palamau Division having its office at Daltonganj, P.O. Daltonganj and P.S. Daltonganj, District- Palamau, Jharkhand. 4. Sub- Divisional Officer, Hussainabad having its office at Hussianabad, Japla P.O. Japla and P.S. Hussainabad, District Palamau, Jharkhand. 5. Civil Surgeon cum Chief Medical Officer, Palamau having its office at Daltonganj, P.O. Daltonganj and P.S. Daltonganj, District- Palamau, Jharkhand. 2 6. The Superintendent, Sadar Hospital, Hussainabad having its office at Hussainabad Japla P.O. Japla and P.S. Hussainabad, District Palamau, Jharkhand. ..... Respondents With W.P. (S) No. 1021 of 2021 ---------
Legal Reasoning
Anuj Kumar Choubey, son of Sri Indrajeet Choubey, resident of Village-Barkagaon, P.O. Rajwadih, P.S. Sadar Daltonganj, District-Palamau ..… Petitioner Versus 1. The State of Jharkhand. 2.The Secretary, Department of Health and Family Welfare, Government of Jharkhand, P.O. & P.S. Dhurwa, District-Ranchi, Jharkhand. 3.The Deputy Commissioner, Palamau at Daltonganj P.O. & P.S. Daltonganj, District Palamau, Jharkhand. 4. The Civil Surgeon, Sadar Hospital, Daltonganj, P.O. & P.S. Daltonganj, District Palamau, Jharkhand. 5. The Additional District Magistrate, (Law and order), P.O. & P.S. Daltonganj, District Palamau, Jharkhand. 6. The District Planning Officer at Daltonganj, P.O. & P.S. Daltonganj, District Palamau, Jharkhand. 7. The Deputy Collector (Establishment) at Daltonganj, P.O. & P.S. Daltonganj, District Palamau, Jharkhand. 8. The Deputy Collector (Nazarat) at Daltonganj, P.O. & P.S. Daltonganj, District Palamau, Jharkhand. 9. Vikash Kumar Shukla, son of Mangalnath Shukla, resident of Village-singra Khurd, P.O. Singra Khurd, P.S. Medininagar, District-Palamau. 10.Niranjan Kumar Mehta, son of Kameshwar Mahto, resident of village-Kanchanpur, P.O. Nawajaipur, P.S. Patan, District-Palamau. 11. Reshmi Devi W/o Mahendra Ram, resident of village- Chhatarpur, P.O. & P.S. Chhatarpur, District-Palamau. ..... Respondents With 3 W.P. (S) No. 1095 of 2021 --------- Mukhram Mahto, son of late Sagar Mahto, resident of village-Pandwa, P.O. Rajhara, P.S. Pandwa, District- Palamau. ..… Petitioners Versus 1. State of Jharkhand through the Chief Secretary, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi. 2. Principal Secretary, Department of Health, Medical Education & Family Welfare, Govt. of Jharkhand having office at Nepal House, Doranda, P.O & P.S- Doranda, District-Ranchi. 3. Commissioner, Palamau Division, having its Office at Medini Nagar, P.O. Medini Nagar, P.S. Town, District Palamau. 4. Deputy Commissioner, Palamau, having its Office at Medini Nagar, P.O. Medini Nagar, P.S. - Town, District - Palamau. 5. Civil Surgeon-cum-Chief Medical Officer, Palamau, having its Office at Medini Nagar, P.O. Medini Nagar, P.S. - Town, District - Palamau. 6. Incharge Medical Officer, Primary Health Centre, Sadar Medini Nagar, P.O. Medini Nagar, P.S. Town, District - Palamau. ..... Respondents With I.A. No. 7573 of 2024 In W.P. (S) No. 1188 of 2021 --------- 1. Binod Kumar, son of Madheshwar Singh, resident of village-Hanuman Nagar, P.O.-Baralota, P.S. Medinagar, District-Palamau. 2.Sunil Ram, son of Late Lakshman Ram, resident of village-Semartan, P.O.-Shahpur, P.S.Chawpur, District- Palamau. ..… Petitioners Versus 1. State of Jharkhand through the Chief Secretary, 4 Government of Jharkhand, having office at Project Building, Dhurwa, P.O. Dhurwa, P.S.-Jagarnathpur, District - Ranchi. 2. Principal Secretary, Department of Health, Medical Education & Family Welfare, Govt. of Jharkhand having office at Nepal House, Doranda, P.O & P.S- Doranda, District-Ranchi. 3. Commissioner, Palamau Division, having its Office at Medini Nagar, P.O. Medini Nagar, P.S. Town, District - Palamau. 4. Deputy Commissioner, Palamau, having its Office at Medini Nagar, P.O. Medini Nagar, P.S. Town, District Palamau. 5. Civil Surgeon-cum-Chief Medical Officer, Palamau, having its Office at Medini Nagar, P.O. Medini Nagar, ..... Respondents P.S.Town, District - Palamau. With W.P. (S) No. 1219 of 2021 --------- 1. Upendra Ram, son of Tilikdhari Ram, resident of Village-Ursula, P.O.-Dilriya, P.S.-Rehla, District-Palamau. 2. Ramchandra Ram, son of Ramavtar Ram, resident of Village-Itawah Tola, P.O.+P.S.Haidernagar, District- Palamau. 3.Shyam Lal Choudhary, son of Late Vishuni Choudhary, resident of Village- Phatamachak, P.O. Dhurwa, P.S. Hussainabad, District-Palamau. ..… Petitioners Versus 1. State of Jharkhand through the Chief Secretary, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. Dhurwa, P.S.-Jagarnathpur, District - Ranchi. 2. Commissioner, Palamau Division, having its Office at Medini Nagar, P.O. Medini Nagar, P.S. Town District Palamau., 3. Deputy Commissioner, Palamau, having its Office at Medini Nagar, P.O. Medini Nagar, P.S. Town, District Palamau. 4. Civil Surgeon-cum-Chief Medical Officer, Palamau, having its Office at Medini Nagar, P.O. Medini Nagar, 5 P.S.Town, District - Palamau. 5. Sub-Divisional Officer, Hussainabad, Medini Nagar, P.O. + P.S. Hussainabad, District - Palamau. Circle 6. Mohammadganj, District-Palamau. Officer, Mohammadganj, P.O.+P.S.- ..... Respondents With W.P. (S) No. 1276 of 2021 --------- Nand Lal Tiwary, son of Sri Ram Sagar Tiwary, resident of village-Jond, P.O.-Singrakhurd, P.S.-Sadar Daltonganj, District-Palamau, Jharkhand. ..… Petitioner Versus 1.The State of Jharkhand. 2. The Secretary, Department of Health and Family Welfare, Government of Jharkhand, P.O. & P.S. Dhurwa District Ranchi. 3. The Deputy Commissioner, Palamau at Daltonganj, P.O. & P.S. Daltonganj District Palamau, Jharkhand. 4. The Civil Surgeon, Sadar Hospital, Daltonganj, P.O. & P.S. Daltonganj District Palamau, Jharkhand. 5. The Deputy Collector (Establishment) at Daltonganj, P.O. & P.S. Daltonganj, District Palamau, Jharkhand. 6. The Daltonganj, P.O. & P.S.-Daltonganj, District-Palamau. In-Charge Medical Officer, Sadar Hospital, 7. The In-charge Medical Officer, Panki, P.O. & P.S.- ..... Respondents Panki, District-Palamau. With W.P. (S) No. 2191 of 2021 --------- Mukesh Raj, son of Sri Vijay Pandey, resident of- Bankikhurd, Konwai, P.O. Panki, P.S. Panki, District- Palamau. ..… Petitioner Versus 1. The State of Jharkhand, through Secretary, Personnel Administrative Reforms and Rajbhasha Department, Government of Jharkhand, having its office at Project Building, P.O. Dhurwa, P.S. Jagarnathpur, District- Ranchi. 6 2. The Deputy Commissioner, Palamau, P.O. and P.S. Palamau, District-Palamu. 3. The Deputy Collector Establishment, Palamau, P.O. and P.S. Palamau, District-Palamu. 4. The Civil Surgeon-cum-Chief Medical Officer, Palamau, P.O. and P.S. Palamau, District-Palamu. ..... Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioners : Mr. Indrajit Sinha, Adv. Mr. Amritansh Vats, Adv Mr. Pradeep Kumar, Adv (in W.P.S. Nos. 2127/2021, 1021/2021 and 1276 of 2021) Mr. Mukul Kr. Singh, Adv. (in W.P.(S) No. 589 of 2021) For the Respondents : Mr. Nawal Kishor Pandey, A.C. to S.C. (L&C)I Mr. Ashutosh Mishra, Adv. Mr. Sanket Khanna, A.C. to AAG-V Mr. Kunal Rana, A.C. to Sr. S.C.-I Mr. Yasir Arafat, A.C. to G.P.-IV Mr. Diyam, A.C. to S.C.-IV Mr. Piyushita Meha Tudu, A.C. to AAG-IV --------- 20/Dated: 22nd August, 2024 I.A. No. 7573 of 2024 In W.P. (S) No. 1188 of 2021 1. Learned counsel for the petitioner submits that he does not want to press this interlocutory application. 2. Accordingly, this interlocutory application dismissed as not pressed. 3. All these writ applications have been taken up for hearing today. Since the issue involved in all these writ applications is common, at the request of both the parties, all are being heard together. 4. It has been specially submitted by learned counsels 7 of the respective writ applications that the petitioners were confirmed and the service book of all these petitioners were opened by the State Government; as such even if the respondent wishes to initiate any proceeding/terminate any of these petitioners, they should have followed the due procedure of law i.e. issuing charge-sheet, appointing enquiry officer, taking report of the enquiry officer and passing the order of termination and since the very procedure has not been followed; as such, the impugned order needs inference. 5. Learned counsel for the respondent submits that admittedly all these petitioners were confirmed and their service books were opened and it is also cannot be disputed that formal procedure of disciplinary proceedings were not imitated against them. As such, the case may be remanded to the concerned authority who shall look into the matter and proceed in accordance with law. 6. Having regard to the aforesaid facts and circumstances of the case and the fair submissions of the State counsels; on the ground of procedural irregularity, the impugned orders are hereby, quashed and set aside. The detail of respective impugned orders are given hereinbelow:- (i) Memo No. 354 dated 27.03.2021 (Annexure-9) in W.P.(S) No. 2127 of 2021. (ii) Memo No. 48 dated 11.01.2021 (Annexure-8) in W.P.(S) No. 589 of 2021. (iii) Memo No. 48 dated 11.01.2021 (Annexure-13), Memo No. 11 dated 15.01.2021 (Annexure-14) and Memo No. 13 dated 15.01.2021 (Annexure-15) in W.P.(S) No. 629 of 8 2021. (iv) Memo No. 48 dated 11.01.2021 (Annexure-14) in W.P.(S) No. 1021 of 2021. (v) Memo No. 799 dated 19.12.2020 (Annexure-13), Memo No. 48 dated 11.01.2021 (Annexure-14) and Memo No. 13 dated 18.01.2021 (Annexure 14/1) in W.P.(S) No. 1095 of 2021. (vi) Memo No. 799 dated 19.12.2020 (Annexure-11) Memo No. 48 dated 11.01.2021 (Annexure-12) in W.P.(S) No. 1188 of 2021. (vii) Memo No. 799 dated 19.12.2020 (Annexure-11) as well as Annexure-13 in W.P.(S) No. 1219 of 2021. (viii) Memo No. 48 dated 11.01.2021 (Annexure-9) in W.P.(S) No. 1276 of 2021. (ix) Memo No. 354 dated 27.03.2021 (Annexure-9) in W.P.(S) No. 2191 of 2021. The respondents are directed to reinstate all these petitioners forthwith and not beyond a period of four weeks from the date of receipt/production of copy of this order. Thereafter, if the respondents choose to proceed against individual petitioners, they would be at liberty to do so after following due process of law and following principal of natural justice. 7. Accordingly, all these writ applications are allowed. Pending I.A.s, if any, also stands closed. Amardeep/ AFR/ 9 (Deepak Roshan, J.)