Sanjay Kumar Thakur v. The State Of Jharkhand And Ors
WPC/3667/2017 · 2025-07-01
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8718 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8718 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (S) No. 3667 of 2017
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Sanjay Kumar Thakur Son of Late Basudeo Thakur resident of Lohardagga P.O. and P.S. Lohardagga, District Lohardagga
....Petitioner
Versus
1. The State of Jharkhand.
2. The Anti Corruption Bureau, Jharkhand, Near Adrey House, Kanke Road, P.O. and P.S. Kanke District Ranchi.
3. The Principal Secretary, Department of Cabinet (Vigilance), having office at Project Building, P.O. and P.S. Dhurwa, District Ranchi.
4. The Principal Secretary, Finance Department, Government of Jharkhand having office at Project Building, P.O. and P.S. Dhurwa, District Ranchi.
5. The Principal Secretary, Department of Social Welfare, Jharkhand, Ranchi, having office at Project Building, P.O. and P.S. Dhurwa, District Ranchi.
..Respondents.
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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
---- For the Petitioners : M/s. Manoj Tandon, Ankit Apurva, Advocates For the Resp.-State : Mr.K.K. Singh, S.C.-V
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18/01.07.2025
The instant writ application has been preferred by the Petitioner for the following reliefs:
For restraining the Respondents from holding Vigilance enquiry/enquiry by Anti Corruption Bureau with respect to the old issues, already under
consideration/already considered/ subjudice in this Hon'ble Court relating to the petitioner with respect to:-
(i) The period of the petitioner’s service at Behragora as C.D.P.O. during the year 2007-09 which is subject matter of W.P. (S) No.19 of 2011, Cont. (Civil) No.218 of 2015 and W.P. (S) No.1243 of 2015.
(ii) The period of the petitioner's service at Chaibasa from the year 2009 to May 2011 which is subject matter of Sadar P.S. Case No.51 of 2011 dated 18.08.2011 in which charge sheet has been submitted and cognizance is pending, awaiting sanction Under Section 197 Cr.P.C. which is pending supply of document to the petitioner in compliance of the order of the State Government (Departmental Minister) in the light of order of the Hon'ble Court
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passed in W.P. (S) No. 6196 of 2011 and presently the entire matter in respect to sanction is subject matter of W.P(S) No. 2999 of 2015.
(iii) The period of the petitioner's service at Seraikella as District Social Welfare Officer from May 2011 to 27th May 2014 which is subject matter of Seraikella P.S. Case No.92 of 2014 which is under challenge in Cr.M.P. No. 2433 of 2014 in this Hon'ble Court in which the Hon'ble Court after considering the Audit Reports, has granted interim protection and also in respect to SMS threatening to D.G.P./Hon'ble the then C.M Jharkhand in which the Hon'ble Court has been pleased to quash the order of cognizance in Cr.M.P. No.2353 of 2015 and Considering the charges same and similar, this Hon'ble Court by order dated 25.05.2017 in W.P.(S) No.2556 of 2017 has been pleased to stay of suspension and initiation departmental proceeding as contained in Memo No.1518 dated
23.05.2017.
2.
Mr. Manoj Tandon, learned counsel for the Petitioner submits that after a long service of more than 35 years, letter was issued to the extent that a Vigilance Enquiry should be initiated against this Petitioner. Thereafter, the Petitioner also retired from service; however the said Vigilance Enquiry was not concluded. Thereafter, the Petitioner had also filed a fresh writ petition praying for a direction upon the respondent authorities to drop the Vigilance Enquiry, in view of Letter no. 1518 dated 23.05.2017 issued by the Department of Women, Child Development & Social Security, Government of Jharkhand.
Learned counsel further submits that the subsequent writ application being W.P.(S) No. 2998 of 2024 was disposed of by directing the Petitioner to file a fresh representation annexing the letter no. 1587 dated 06.02.2019 before the S.P, ACB, Ranchi and upon receipt of the same respondent no. 2 of that case was directed to
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consider the same and pass an order. For brevity Para- 6 is quoted hereinbelow:
“6. In such circumstances, this Court hereby directs the petitioner to file a fresh representation annexing the letter no. 1587 dated 06.02.2019 written by the Superintendent of Police, Anti Corruption Bureau, Ranchi before the respondent no. 2 (Secretary, Department of Women, Child Development and Social Security, Govt. of Jharkhand) and other documents on which he is relying upon, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of the same, the respondent no. 2 shall consider the same and pass a reasoned order taking into account the enquiry report contained in letter dated 06.02.2019. If it is found that nothing remains against the petitioner, the vigilance enquiry initiated against the petitioner be dropped. However, if the respondents are not satisfied with the enquiry report dated 06.02.2019, they may proceed in accordance with law and take a final enquiry report to that effect within a further period of six months from the date of receipt of such representation. Needless to say that the petitioner shall cooperate with the enquiry report, if at all initiated. However, it is further made clear that if the respondents could not reach to final conclusion, the enquiry already initiated shall be deemed to be concluded based on the enquiry report dated 06.02.2019 submitted by the Anti Corruption Bureau.”
3.
Learned counsel for the petitioner further submits that in the subsequent writ application i.e., W.P(S) No. 2998 of 2024, this Court has specifically directed that if the respondents are not satisfied with the enquiry report, they may further enquire the matter in accordance with law and take a decision within a further period of six months; however, if the respondents could not reach to final conclusion, the enquiry already initiated shall be deemed to be concluded based on the enquiry report dated 06.02.2019 submitted by A.C.B.
Relying upon the aforesaid paragraph rendered in referred case, he submits now nothing survives in this writ application and practically it has become infructuous.
4.
Learned counsel for the Respondents supports the aforesaid contention and submits that the writ has become infructuous now.
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5.
Having regard to the aforesaid submissions, the instant writ application is hereby disposed of as being infructuous. Pending I.As. also stands disposed of.
(Deepak Roshan, J.)
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