2025:JHHC:23662 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2273 of 2013 Amit Prakash, son of S.K. Sahay resident of Court Road, P.O.P.S. Kotwali Dist Ranchi currently posted as SDM, Chhattarpur, Palamu P.O.P.S. Chhattarpur Dist Palamu ... … Petitioner(s) Versus 1. The State of Jharkhand 2. Secretary, Personnel Administrative Reforms and Rajyabhasha Department, Government of Jharkhand, Nepal House, P.O.P.S. Doranda, Ranchi. 3. Dy. Secretary, Personnel Administrative Reforms and Rajyabhasha Department, Government of Jharkhand, Nepal House, P.O.P.S. Doranda, Ranchi. 4. Director, Personnel Administrative Reforms and Rajyabhasha Department, Government of Jharkhand, Nepal House, P.O.P.S. Doranda, Ranchi … … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Amandeep Kumar Pandey, Advocate For the Respondent(s) :Ms. Shilpi, AC to SC (Mines)-II -------- Order No. 09/Dated: 13th August 2025 The instant writ application has been preferred by the petitioner for the following reliefs: “1.a. For issuance of an appropriate writ/writs, order/orders, direction/ directions or writ in the nature of certiorari for quashing of the order contained in notification no. 2693 dated 21.3.2012 whereby and whereunder without providing any opportunity of hearing an order has been passed against the present petitioner whereby three separate orders have been passed as under: i. Annual increment withheld ii. Stoppage of promotion iii. For the period of suspension only suspension allowance is payable Even when no chargesheet was against the present petitioner furthermore even when in the enquiry report none of the charges were proved against the present petitioner; AND/OR b. Pass such other writ/writs, order/orders, direction/directions as Your Lordship may deems fit and proper.” 2. Briefly stated, the petitioner while posted in the district of Latehar, a complaint was filed by some of the villagers against the 2025:JHHC:23662 2 petitioner and one Assistant Engineer alleging therein that both the government officials have taken bribe for the work given under NAREGA. At that time, the petitioner was Block Development Officer, Baruadih. Pursuant to the aforesaid complaint, a recommendation was made by the Deputy Commissioner to the Secretary, Rural Development Department, Government of Jharkhand to initiate departmental proceeding. Thereafter, an enquiry was also conducted by the Director, Accounts Administration and Self Employment Programme and Executive Engineer Road Construction Division, Latehar who submitted a detailed report. This enquiry was perhaps a preliminary enquiry to come to a conclusion as to whether a proper departmental proceeding should be initiated or not. 3. However, in this case as admitted by learned counsel for the respondents also, that no charge-sheet was ever issued against this petitioner and punishment has been imposed upon the petitioner under three heads viz. (i) annual increment withheld with cumulative effect, (ii) stoppage of promotion and (iii) for the period of suspension only subsistence allowance would be payable. 4. At this stage, it is pertinent to mention here that when no charge-sheet was issued and/or no departmental proceeding was ever initiated; the respondents should have basic knowledge of service jurisprudence while punishing any employee. Admittedly, the petitioner was a government servant who is governed by a particular service Rule and cannot be condemned on the whims of the superiors. This case is an example that the punishment has been imposed on the whims of the superior. In this case, no procedure has been adopted at all. 5. Having regard to the aforesaid facts and circumstances of the case, the impugned order contained in Notification No. 2693 dated 21.03.2012, is hereby, quashed and set aside and the instant writ application is allowed. Further, consequential benefits which was not paid 2025:JHHC:23662 3 to the petitioner in course of continuation of impugned order, the same shall be paid within a period of eight weeks from the date of receipt/production of copy of this order. 6. Before parting it is also necessary to draw attention of the State of Jharkhand to make some rules for the State Government employees to have training, at least basic training, with regard to service jurisprudence, inasmuch as, in series of cases there are procedural irregularities. As such, the State of Jharkhand should come with some rules governing all the employees to have basic training with regard to service jurisprudence in its Administrative Training Institute which is existing in Ranchi since inception of the State of Jharkhand. 7. Pending I.As., if any, also stands disposed of. (Deepak Roshan, J.) Amit AFR