THE STATE OF JHARKHAND THR THE PR. SECRETARY, DEPT. OF LABOUR, EMPLOYMENT, TRAINING AND SKILL DEVP. v. RAHUL KUMAR
C.M.P./647/2025 · 2025-09-11
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18433 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18433 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:29130 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 647 of 2025 -------
1. The State of Jharkhand through the Principal Secretary, Department of Labour and Employment, Training and Skill Development, Officiating at Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi.
2. The Deputy Secretary, Department of Labour and Employment, Training and Skill Development, Officiating at Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi.
3. The Under Secretary, Department of Labour and Employment, Training and Skill Development, Officiating at Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi
……….. Respondents Petitioners Versus
1. Rahul Kumar, son of Onkar Malviya, resident of Mahadeo Semaria, P.O. & P.S. Sikandra, District Jamui (Bihar).
……….. Petitioner/ Respondent No. 1
2. Manish Kumar Sinha, Chief Inspector of Factories, Shram Bhawan, Doranda, P.O. & P.S. Doranda, District Ranchi. ……….. Respondent No. 4/ Respondent No. 2
----
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioners : Mr. Ratnesh Kumar, Advocate
For the Resp. No. 2 : Mr. Indrajit Sinha, Advocate
Mr. Kumar Harsh, Advocate
---- 03/ 11.09.2025 Mr. Ratnesh Kumar, learned counsel appearing for the petitioners submits that pursuant to order dated 26.08.2025, notices were served to both the private respondents. He tenders a letter which indicates the receiving by the respective private respondents.
2. The same is taken on record.
3. The instant Civil Miscellaneous Petition has been preferred by the petitioner for extending the time period for conclusion of departmental proceeding in order to comply the order dated 12.08.2024 passed in W.P.(S) No. 1479 of 2024 whereby this Court has specifically directed that that the respondents (petitioners herein) shall conclude the entire enquiry proceeding as early as possible and not more than 16 weeks from the date of receipt/production of copy of this order. The petitioner in the writ petition was also directed to cooperate in the proceeding.
2025:JHHC:29130 2
4. Ld. Counsel for the petitioner in the instant case draws attention of this Court towards the recent judgment passed by the Hon’ble Apex Court wherein the Hon’ble Apex Court has held that if during course of remand period, the order is not complied then it will become infructuous. Ld. Counsel further submits that in spite of their best efforts, the departmental proceeding could not be concluded within the stipulated period as directed by this Court pursuant to the
order dated 12.08.2024; as such, he prays for further extension of 16 weeks’ time in order to complete the entire departmental proceeding against the delinquent.
5. Thus, the only modification which has been prayed in the instant application is with regard to extension of 16 weeks’ time by another 16 weeks.
6. From record it appears that this application has been preferred on 25.06.2025 praying for another 16 weeks’ time for compliance of the direction which comes to an end in the month of October, 2025. However, looking to the facts and circumstances and the direction passed by this Court, it appears that within 4 to 6 weeks, the direction of this Court could not be complied in view of the fact that the proceeding was stalled also for some time.
7. Accordingly, order passed by this Court in W.P.(S). No. 1479 of 2024, dated 12.08.2024, wherein the Respondents were directed to conclude the departmental proceedings as early as possible but not beyond a period of 16 weeks, is modified to the extent that the Respondents shall conclude the entire departmental proceeding within a period of 12 weeks from today.
8. With the aforesaid modification in para-25 of the order dated 12.08.2024, passed in W.P.(S). No. 1479 of 2024, this C.M.P. stands
disposed of.
(Deepak Roshan, J.)
Kunal