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2025 DAILYLAW 8671 (JHR)

BRIJ NANDAN PASWAN v. THE STATE OF JHARKHAND

WPC/1697/2025 · 2025-04-07

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:10695 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1697 of 2025 ------- Brij Nandan Paswan, son of Kali Paswan, resident of Prem Nagar, Putki, Kusunda, P.O- Kusunda, P.S. Putki, District- Dhanbad. ... .. Petitioner(s) -Versus- 1. The State of Jharkhand 2. The Secretary, School Education and Literacy Department, Office at Project Bhawan, Dhurwa, Ranchi. 3. The Director, School Education and Literacy Department, Office at Project Bhawan, Dhurwa, Ranchi. 4. The Divisional Commissioner, North Chotanagpur Division, Hazaribagh. 5. The Deputy Commissioner, Dhanbad. 6. The District Superintendent of Education, Dhanbad. …..Respondents. ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s): M/s Ritu Kumar, Manoj Kumar Ram and Pankaj Kumar Jha, Advocate. For the respondent(s): Ms. Apoorva Singh, AC to SC Mines-II ------ 03/07.04.2025: In this writ petition, the petitioner has prayed for direction upon the respondents to reinstate the petitioner in service in the same post from which he was dismissed in the light of the order dated 13.12.2023 passed in Service Appeal No. 29/2023 by respondent No. 4, by which he has set aside Memo No. 435 dated 21.2.2018 issued by respondent No. 5 whereby the petitioner has been dismissed from the services and remanded the matter to respondent No. 5. It has also been prayed for direction upon the respondent to pay the arrears of salary during suspension period as well as grant other consequential benefits to the petitioner. 2. Learned counsel for the petitioner submits that suffice it would be if a direction is given to the respondent i.e. the Deputy Commissioner, Dhanbad to dispose of the representation of the petitioner, which has been filed on 16.12.2023. 3. The grounds of the petitioner is that though this case was remanded to the Deputy Commissioner, Dhanbad by the Appellate Authority i.e. the Commissioner, North Chhotanagpur Division, yet the Deputy Commissioner, Dhanbad has not passed any order after remand. 4. Considering the aforesaid submissions, l direct the petitioner to file a fresh representation before the Deputy Commissioner, Dhanbad within four weeks from today. On receipt of such representation, the Deputy Commissioner, 1 2025:JHHC:10695 Dhanbad will dispose of the said representation by passing a reasoned order within a period of six weeks thereafter . If the order has already been passed, the copy of the same should be communicated to the petitioner. 5. Accordingly, this writ petition stands disposed of. Anu/-Cp2 (ANANDA SEN, J.) 2