2025:JHHC:21040 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (S) No. 3898 of 2019 Sanchita Mukhopadhyay aged about 41years W/o Shri Abhijit Chandra R/o Argora housing Colony, P.O + P.s-Argora, Dist- Ranchi (Jharkhand) …… Petitioner Versus 1.The State of Jharkhand 2.The Principal Secretary, Department of Welfare, Govt. of Jharkhand. 3.The Chairman, Board of Directors, Jharkhand Tribal Development Society, Department of Welfare, Government of Jharkhand. 4.The State Project Director, JTDC, having its office at Dr. Ramdayal Munda Tribal Welfare Research Institute Campus, Morabadi, P.O-Morabadi, PS-Bariatu, Dist-Ranchi, Jharkhand. ……. Respondents --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Petitioner : Mr. V.P. Singh, Sr. Advocate : Mr. Shio Narayan Singh, Advocate For the State : Mr. Ashwini Bhushan, A.C to Sr. S.C-II ----------- Oral Order in Court 20/Dated:30th July, 2025 Heard Mr. V.P. Singh, learned Senior Counsel for the petitioner assisted by Sri Shio Narayan Singh, learned counsel and Mr. Ashwini Bhushan, learned A.C to Sr. S.C-II for the State. 2. This writ petition has been filed on behalf of the petitioner for quashing the letter no.JTDS/800/2018/109 dated 29.11.2018 (Annexure-6) issued by the State Project Director, Jharkhand Tribal Development Society (hereinafter to be referred as „JTDS‟) by which the petitioner has been dismissed from the 2025:JHHC:21040 2 post of Planning/Monitoring and Evaluation Officer, DPMU, Khunti, Jharkhand on the ground of inefficiency. 3. Learned Senior counsel for the petitioner has raised two fold submission:- (i) The impugned order dated 29.11.2018 has been passed by the Director, JTDS and not by the society of JTDS. (ii) It is submitted that that no show cause notice was given to the petitioner while terminating her services, is in violation of principles of natural justice. It is further submitted that from 2014 till 2018 the performance of the petitioner was not put under question by the authority concerned and thereafter suddenly vide order dated 29.11.2018 during course of visit on 23.11.2018 by the IFAD Mission Team the petitioner has been terminated. 4. In support of his contention, learned Senior Counsel for the petitioner has also placed reliance upon the order dated 24.07.2023 passed in W.P.(S) No.1450 of 2021 by the Co- ordinate Bench (Hon‟ble Mr. Justice Rajesh Shankar) of this Court and hence the impugned order may be set aside and the writ petition may be allowed. 5. On the other hand, learned counsel for the State has opposed the submission. It is submitted that the impugned order dated 29.11.2018 (Annexure-6) is proper and no interference is required. It is submitted that the petitioner has been given one month notice in lieu of termination of her contract and the performance of the petitioner was not found satisfactory. It is submitted that the petitioner has failed to encourage the farmers for growing vegetables and seeds and her performance was found unsatisfactory by the IFAD Mission Team consisting of Dr. V.P. Singh, the Director and also one Ashish Anand. It is submitted that JTDS had entered into contract with the 2025:JHHC:21040 3 petitioner with the signature of the Director of the JTDS. Learned counsel for the State has also tried to show even the certificate by showing the signature of State Programme Director in Annexure-1 is the certificate and Annexure-2 is the „Agreement on Contract Appointment‟ that the same has been signed by the one and the same person. It is submitted that the services of the petitioner had been extended but due to unsatisfactory performance, the petitioner has been terminated from the services and hence the writ petition may be dismissed. 6. Having heard the learned counsel for the parties and on going through the records of this writ petition, it appears that the petitioner was working in JTDS, SPMU, Ranchi on contract as “Planning and Monitoring Officer” since 02.08.2010 till 26.03.2014. 7. It also appears that on 04.03.2014 an Agreement was entered into between the JTDS and the petitioner on contract extending at least for three years from 04.03.2014 till 03.03.2017 with the condition that the appointment of the petitioner may be terminated by JTDS by giving employee one month‟s notice in writing or payment of one month‟s remuneration in lieu thereof. It was also stipulated in Clause No.6 that the JTDS may rescind the contract if the performance of the employee is found unsatisfactory. It was also stipulated in Clause-7 that JTDS may also terminate this agreement in the event of 7 days‟ more continuous unauthorized absence from duty. 8. From perusal of memorandum of association of Jharkhand Tribal Development Society (JTDS), it would appear that the same is society consisting of various representative and the Secretary, Welfare Department, Government of Jharkhand is the Chairman whereas Tribal Welfare Commissioner, G.O.J, 2025:JHHC:21040 4 Ranchi, Deputy Commissioner, Ranchi, Deputy Commissioner, Chaibasa, Divisional Commissioner, G.O.J. Ranchi are its Members whereas State Programme Director-cum-Director Social Welfare, GOJ, Ranchi is the Member Secretary and two representatives of the non-governmental organization and two representatives of the Tribal Communities are its Members. 9. From perusal of the impugned order dated 29.11.2018 (i.e. Annexure-6), it reveals that the same has been passed by the Director without having any authority with the JTDS Society. Thus, the impugned order dated 29.11.2018 is fit to be set aside on this ground alone. 10. It further transpires that the State Programme Director was also the Member of the visiting team, who had also accompanied the IFAD team members apart from the Dr. V.P. Singh and one Ashish Anand and he has also passed the impugned order dated 29.11.2018. 11. It is well settled that a person cannot be judge of his own cause. 12. It has been held in the case of Mohapatra and Co. and Anr. vs. State of Orissa and Anr. reported in (1984) 4 SCCF 103 and in the case of A.U Kureshi Vs. High Court of Gujarat and Anr. reported in (2009) 11 SCC 84 that no man can be a Judge in his own cause. 13. It further appears that the team has visited on 23.11.2018 and the petitioner has been terminated on 29.11.2018 without issuing any show cause notice which is complete violation of principles of natural justice. 14. Thus, this Court finds that the order dated 29.11.2018 passed by respondent authority suffers from illegality. 15. Under the circumstances and in view of the law laid down by the Hon‟ble Supreme Court, the order dated 29.11.2018 2025:JHHC:21040 5 (Annexure-6) passed by the State Project Director, Jharkhand Tribal Development Society (Respondent No.4) is set aside and the matter is remitted before the respondent authority to pass fresh order, in accordance with law and hence the petitioner is directed to be reinstated in service forthwith, in the meantime. 16. Thus, the W.P.(S) No.3898 of 2019 is hereby allowed and stands disposed of. (Sanjay Prasad, J.) Saket/-