2025:JHHC:20409 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1847 of 2025 --------- Sudha Sinha, aged about-58 years, wife of-Sri Binay Prakash Sinha, R/o-Sant Nagar, Jhiri, P.O.-Sundil, P.S.-Ratu, District- Ranchi, Jharkhand. ....Petitioner Versus 1. The State of Jharkhand. 2. Secretary, Department of Women, Child Development and Social Security, Govt. of Jharkhand, having its office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. 3. Under Secretary, Department of Women, Child Development and Social Security, Govt. of Jharkhand, having its office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. ....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : M/s. Sameer Saurabh, Divya, Isha Kaushik, Advocates For the Resp.-State : Mr. Kunal Chandra Suman, A.C. to G.P.-II --------- 07/Dated:-03.07.2025 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 order(s), writ(s), direction(s) particularly a writ in the nature of certiorari for quashing of the order issued vide Memo No.-2044, dated-27.08.2024 (Annexure-8) issued with the signature of respondent no.-3 by which respondents have refused consider to the regularization of suspension period of the petitioner. (ii) The petitioner further prays that after setting aside the Memo No.- 2044, dated-27.08.2024 (Annexure-8) respondents be directed to regularise the suspension period of the petitioner and to pay the entire salary of suspension period to the petitioner. 3. The brief facts of the case are that while the Petitioner was posted as Child Development Project Officer, Bishrampur, Daltonganj, an F.I.R. was instituted against five persons including Kumari Ranjana and the Petitioner as Daltonganj (Town) P.S. Case No. 398 of 2018. The Police after conducting investigation found 2025:JHHC:20409 2 the case to be false and accordingly submitted a final form vide Final Report No.-01 of 2022 on 10.01.2022 (Annexure-1). Thereafter, the Deputy Commissioner, Palamau after preparing memo of charge in Prapatra-Ka sent the same to the Respondent No.2 for initiating a departmental proceeding and also suspension of the Petitioner vide its letter No.2437 dated 17.12.2018 (Annexure-2). Pursuant to the recommendation and registration of the F.I.R., Petitioner has been suspended with immediate effect for which an office order has been issued vide Memo No. 544 dated 01.03.2019 (Annexure-3). After submission of the enquiry report, the Respondents have taken decision to close the departmental enquiry initiated against the Petitioner for which an office order has been issued vide Memo No. 3177 dated 15.12.2023 (Annexure-4). Thereafter, after closure of the departmental enquiry, the Petitioner submitted her representation to the Respondent No.2 on 20.12.2023, 25.01.2024 and 16.05.2024 for regularization of her service for the period of suspension i.e. from 01.03.2019 to 14.02.2021. After submission of the Final Form on 10.01.2022 in Palamau (Town) P.S. Case No.-398 of 2018 and also after submission of the enquiry report on 16.10.2020, the Respondents have communicated to the Superintendent of Police, Palamau vide letter No.-3247, dated 21.09.2022 (Annexure-6) that the investigation of Palamau (Town) P.S. Case No.398 of 2018 has been handed over to the Anti-Corruption Bureau, Jharkhand, Ranchi. 2025:JHHC:20409 3 4. Learned counsel for the Petitioner submits that the Investigation of Palamau (Town) P.S. Case No.-398 of 2018 has been handed over to the Anti-Corruption Bureau, Jharkhand, Ranchi on 15.02.2022. In the said case Smt. Kumari Ranjana, the then District Social Welfare Officer, Palamau and the Petitioner are accused and after handing over the investigation of the said case a notification has been issued by the Respondent No. 3 vide notification No. 11 dated 03.01.2024 (Annexure-7) by which the suspension period of Smt. Kumari Ranjana has been regularized to withdraw her salary for the period of suspension. He further submits that Smt. Kumari Ranjana and the Petitioner were suspended on the same date i.e. on 01.03.2019 in relation to same criminal case, investigation of which was handed over to the Anti-Corruption Bureau, Jharkhand, Ranchi. The suspension period of Smt. Kumari Ranjana has been regularized and she has been paid full salary of her suspension period, but the said benefit has been denied by the Respondents to the Petitioner mentioning that the investigation of Daltonganj (Town) P.S. Case No. 398 of 2018 is being conducted by the Anti- Corruption Bureau, Jharkhand, Ranchi, and to the said effect an office order has been issued vide Memo No. 2044 dated 27.08.2024. As such, the said action of the respondents is not only arbitrary but also discriminatory. 5. Learned counsel for the Respondents relies upon Paras-7 to 13 of the counter affidavit. For brevity, the same are extracted hereinbelow: 2025:JHHC:20409 4 “7. That the petitioner was put under suspension vide memo No. 544 dated 01.03.2019 on the ground of charges financial irregularities pointed in the Prapatra-'K'. (Annexure-3 of the writ petition) 8. That for the allegations of financial irregularities a F.I.R bearing Daltonganj (Town) P.S. Case No. 398/18 dated 30.11.18 under section 406, 409, 420, 120B IPC was also instituted against the petitioner and others. (Annexure -1 of the writ petition) 9. That subsequently vide resolution No.3177 dated 15.12.2023 it was resolved to initiate departmental proceeding against the petitioner and the inquiry officer was also appointed. That the inquiry officer in his report vide letter no 701 dated 16.10.2020 found that the charges levelled against the petitioner are not proved. 10. That subsequently vide notification no. 325 dated 15.02.2021 it was decided to revoke the suspension of the petitioner with immediate effect and she was directed to give her joining in the department. It was also decided that the decision with respect to the suspension period will be taken after the disposal of the departmental proceeding. 11. That it is humbly submitted that the petitioner Sudha Sinha had submitted application dated 24.01.2024 & dated 16.05.2024 requesting to regulate the suspension period from 01.03.2019 to 14.02.2021. 12. That it is humbly submitted that after verifying the case status, notification No. 2044 dated 27.08.2024 has been issued stating that "Since further investigation of Daltonganj City Police Station case no. 398/2018 dated 30.11.2018 registered against Mrs. Sudha Sinha is being conducted by the Anti-Corruption Bureau, Jharkhand and Mrs. Sudha Sinha is the primary accused in this case. Therefore, until Mrs. Sudha Sinha is not freed from the criminal case by the Anti-corruption Bureau, Jharkhand her suspension period cannot be terminated as unreasonable. Therefore, the application submitted by Mrs. Sudha Sinha for regularization of her suspension period is not immediately worth consideration. (Annexure -8 of the writ petition). 13. That it pertinent to point out that vide letter no. 3247, dated 21.09.2022 the Superintendent of Police, Palamu has informed the department that the 'further-investigation' in connection with Daltonganj (Town) P.S. Case no. 398/18 dated 29.11.18 against the petitioner and others is still going on. It has further been informed that vide letter bearing memo no. 481 dated 15.02.2022 issued by Cabinet Secretariat and Vigilance Department (Vigilance), Govt. of Jharkhand the further proceeding / investigation of the case has been handed over to the 'Anti-Corruption Bureau', Jharkhand.” 6. Having heard learned counsels for the parties and after going through the documents available on record, it appears that the grievance of the Petitioner is that though in the Departmental Proceeding, she has been fully exonerated from the charges and no punishment was imposed vide order dated 15.12.2023, but for the 2025:JHHC:20409 5 reasons best known to the Respondents; they have not paid full salary for the period from 01.03.2019 to 14.02.2021 during which the Petitioner was suspended. It further appears that pursuant to the F.I.R., Petitioner has been suspended with immediate effect from 01.03.2019. However, an inquiry report (Annexure-4) has been submitted wherein the Respondents have taken a decision to close the Departmental Inquiry against this Petitioner, but they failed to pay the full salary for the suspension period to her. From Annexure- 5, it further appears that the Petitioner made several representations for regularizing her services for the period of suspension. It further appears that the investigation of Palamau (Town) P.S. Case No. 398 of 2018 has been handed-over to Anti Corruption Bureau, Ranchi on 15.02.2022 and in the said case, Smt. Kumari Ranjana, the then District Social Welfare Officer, Palamau along with the Petitioner were made accused; however, the Respondents issued a notification dated 03.01.2024 whereby the suspension period of Smt. Kumari Ranjana has been regularized to withdraw her salary for the period of suspension. However, the said benefit has not been extended to the petitioner. 7. It further transpires that Smt. Kumari Ranjana and the Petitioner were suspended on the same date in relation to the same criminal case investigation which has been handed-over to the Anti Corruption Bureau, Jharkhand; thus, there seems no reason why the suspension period of Smt. Kumari Ranjana has been regularized and she has been paid full salary of her suspension period but the Petitioner has been omitted for such benefit. 2025:JHHC:20409 6 In other words, the case of this Petitioner is same and similar to that of Smt. Kumari Ranjana. 8. Having regard to the aforesaid facts and circumstances of the case and the documents available on record, this Court is having no hesitation in allowing this writ application and directing the Respondents to pay full salary to the Petitioner for the period of suspension i.e., from 01.03.2019 to 14.02.2021, what has been paid to Smt. Kumari Ranjana. 9. It goes without saying that so far, the argument of learned counsel that the Respondents that they want further investigation from other agencies, will not change the factual scenario that in the Departmental Proceeding, no punishment was imposed which is apparent from order dated 15.12.2023 which finds place in the order dated 27.08.2024 at para 5, wherein it has been categorically stated that the Departmental Proceeding against this Petitioner has been closed (Annexure-8). 10. Accordingly, the instant writ application is allowed and the order dated-27.08.2024 (Annexure-8) is hereby quashed and set aside and the Respondents are directed to pay full salary to the Petitioner for the period of suspension i.e., from 01.03.2019 to 14.02.2021, what has been paid to Smt. Kumari Ranjana within a period of six weeks from the date of receipt/production of copy of this order. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) vikas/-