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2025 DAILYLAW 10658 (JHR)

KAUSHAL KUMAR v. THE STATE OF JHARKHAND

WPC/2174/2025 · 2025-07-24

Deepak Roshan

body2025

Judgment text

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2025:JHHC:22967 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2174 of 2025 --------- Kaushal Kumar, aged about 40 years, Son of Late Janardhan Pd. Singh, Resident of near ISM gate, Nutan De, Saraidhela, P.O. & P.S. Saraidhela, District Dhanbad. ......Petitioner Versus 1. The State of Jharkhand; 2. The Secretary, Department of Home, Jharkhand Ranchi, having office at P.O. Dhurwa, P.S. Jaggarnathpur, District Ranchi; 3. Director General, Jharkhand Home Guards & Fire Service, having office at Rajendra Nagar Chowk, Doranda, P.O. & P.S. Doranda, District- Ranchi. 4. Deputy Inspector General, Jharkhand Home Guard, having office at Rajendra Nagar Chowk, Doranda, P.O. & P.S. Doranda, District- Ranchi. 5. The Deputy Commissioner, Dhanbad, P.O. & P.S. Dhanbad, District Ranchi; 6. The Superintendent of Police, Jharkhand Home Guards, having office at Lubi, Circular Road, P.O. & P.S. Dhanbad, District- Dhanbad, 7. The Commandant, Jharkhand Home Guard & Fire Services, having office at Rajendra Nagar Chowk, Doranda, P.O. & P.S. Doranda, District- Ranchi 8. The Dhanbad District Commandant, Jharkhand Home Guard, having office at Golf Ground, Near Randhir Verma Stadium, P.O. & P.S. Dhanbad, District- Dhanbad. .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : M/s Lukesh Kumar, Pradeep Kumar, Advocates For the Resp.-State : Mr. Chandan Tiwari, A.C. to G.A.-I --------- 03/Dated:-24.07.2025 1. Heard learned counsels for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: (i) For issuance of an appropriate writ (s) / order (s) / direction (s) particularly a writ in the nature of certiorari for quashing of the Armed order no. 51/2025 read with memo no. 403/OTD dated 27.02.2025 (Annexure 9) passed by Commandant, Home Guard and Fire services, Jharkhand Ranchi, whereby and whereunder the punishment of depriving the petitioner from his duty for Six months has been imposed; (ii) For issuance of an appropriate writ (s) / order (s) / direction (s) particularly a writ in the nature of certiorari for quashing the 2025:JHHC:22967 2 District order no. 08/2025 read with memo no. 226 dated 28.02.2025 (Annexure 10) passed by District Commandant, Home Guard, Dhanbad, whereby and whereunder again the punishment of depriving the petitioner from his duty for Six months imposed upon the petitioner has been passed; (iii) For issuance of an appropriate writ (s) / order (s) / direction (s) particularly a writ in the nature of mandamus commanding upon the respondents not to give effect to the impugned orders; (iv) For issuance of an appropriate writ (s) / order (s) / direction (s) particularly a writ for staying the execution and implementation of the order dated 27.02.2025 and 28.02.2025 and petitioner be reinstated to his post with all consequential relief/ benefit. 3. From the averments made in the respective affidavits, it appears that the petitioner was appointed as Home Guard in Jharkhand Home Guard, Dhanbad in the year 2010 and was posted at Police Line, Dhanbad. There was some land dispute between the petitioner and his neighbour namely, Prabhat Kumar and due to such land dispute, on 14.11.2024 both the petitioner and the said Prabhat Kumar entered into scuffle physically with non-dangerous arms. From record, it further appears that there was a case and counter case and thereafter, the neighbour of the petitioner filed a complaint against this petitioner alleging therein that the petitioner is threatening him. 4. Thereafter, an order for inquiry was set up by the Superior Officer. Subsequently, with regard to the alleged occurrence of scuffle and subsequent FIRs filed by the parties, the Deputy Superintendent of Police submitted a Joint Supervision Report dated 02.12.2024 wherein, it has been observed that there was a land dispute between the parties and for last 6 months due to which alleged scuffle took place between the parties. Respondent No.8 also inquired the matter and submitted a report 2025:JHHC:22967 3 dated 12.12.2024 which transpires that the Joint Supervision Report as well as this report are one and the same. 5. Thereafter, a show cause was issued to the petitioner to which he duly replied. Another show cause was also issued and finally after going through the inquiry report and the reply of the petitioner, the order of punishment has been awarded for depriving the petitioner from providing his services for six months. 6. After going through the impugned order, I don’t find any perversity in the matter and this Court is having no hesitation in holding that there is no error in the impugned order so as to interfere with the same. 7. Accordingly, the instant writ application stands dismissed. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) vikas/-