Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 25919 (JHR)

AJIT KUMAR SINGH v. THE STATE OF JHARKHAND THROUGH THE SECRETARY AGRICULTURAL HOTICULTURE

LPA/590/2018 · 2025-04-23

Rajesh Kumar, Sujit Narayan Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:12158-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 590 of 2018 --------- Ajit Kumar Singh (Aged about 58 years), Son of Dr. Ram Janma Singh, Resident of Sai Ashram Apartment, P.O.-Pundag, P.S.-Argora, Dist.-Ranchi, Permanent Address-Village Merhna, P.O.-Bel Champa, P.S. and District- Garhwa. .…… Appellant Versus 1. The State of Jharkhand through the Secretary, Agriculture/Horticulture, Government of Jharkhand, Department of Agriculture, Nepal House, P.O. & P.S.-Doranda, Dist.-Ranchi. 2. The Jharkhand State Agricultural Marketing Board, through the Managing Director of the J.S.A.M, Board. 3. The Managing Director, Jharkhand State Agricultural Marketing Board. Respondent Nos.2 and 3 are of Itki Road, P.O.-Hehal, P.S. Sukhdeo Nagar, Dist.-Ranchi. 4. The Agricultural Produce Market Committee, Ranchi, At-Pandra, P.O.- Hehal, P.S.-Sukhdeo Nagar, Dist.-Ranchi. 5. Smt. Puja Singhal, Wife of not known to the appellant, at Present M.D., J.S.A.M., Board. 6. Smt. Sunita Kumari Chouraisa, wife of not known to the appellant, at present Secretary to the M.D. of J.S.A.M., Board. Respondents- 5 and 6 are Resident of Jharkhand State Agricultural Marketing Board, Itki Road, Ranchi P.O., P.S. & District- Ranchi. 7. The Enquiry Committee though its Chiarman Sri Rajesh Kumar Barwar, Dy. Secretary, Department of Agriculture, Animal Husbandry and Co-operative. Govt. of Jharkhand, Nepal House, P.O. & P.S.-Doranda, Dist.-Ranchi, Jharkhand. 8. Agricultural Produce Market Committee, Pakur, P.O., P.S. & District-Pakur. ……. Respondents --------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE RAJESH KUMAR ---------- 2025:JHHC:12158-DB 2 For the Appellant : Mr. V.P. Singh, Sr. Advocate Mrs. Bandana Kumari Sinha, Advocate Ms. Ragini Kumari, Advocate For the Respondent-JSAMB : Dr. Ashok Kr. Singh, Advocate Mr. Sharan Toppo, Advocate ----------- 44/Dated: 23rd April, 2025 1. The instant appeal under Clause 10 of the Letters Patent is directed against the order dated 29.08.2018 passed by the learned Single Judge of this Court in W.P.(S) No. 1928 of 2017. 2. Mr. V.P. Singh, learned senior counsel for the appellant has fairly submitted that the issue of enquiry which was the subject matter before the learned Single Judge has been culminated into the order of punishment on conclusion of the departmental proceeding and in consequence thereof, the order of punishment has also been passed inflicting punishment of withholding two annual increments with cumulative effect along with recovery. 3. Dr. Ashok Kumar Singh, learned counsel for the respondent-Board has submitted that since the departmental proceeding has been concluded and the order of punishment is not the subject matter before the learned Single Judge, hence, the order of punishment is required to be challenged before the appropriate forum. 4. Upon this, learned senior counsel for the appellant seeks leave of this Court to withdraw the instant appeal to challenge the order of punishment by taking all available points before the appropriate forum. 5. There is no opposition by Dr. Ashok Kumar Singh, learned counsel for the respondent-Board to such submission of the learned senior counsel for the appellant. 6. This Court, on consideration of the submission made by Mr. V.P. Singh, learned senior counsel, is granting such leave by allowing him to withdraw the instant appeal with the liberty to challenge the order of punishment by taking all available points before the appropriate forum. 7. The withdrawal of the instant appeal will not prejudice the consideration of legality and propriety of the order of punishment. 2025:JHHC:12158-DB 3 8. Accordingly, the instant appeal stands dismissed as withdrawn, as such, disposed of. 9. Pending interlocutory application(s), if any, also stands disposed of. (Sujit Narayan Prasad, J.) (Rajesh Kumar, J.) Saurabh/-