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2025 DAILYLAW 9620 (JHR)

VASUMATI PRADHAN v. STATE OF JHARKHAND

WPC/1228/2021 · 2025-09-01

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:26524 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.1228 of 2021 ------ Vasumati Pradhan, W/o late Sroj Lama, R/o House No.3, Road No.6, Kilburn Colony, Hinoo, P.O. & P.S. Doranda, District Ranchi. … … Petitioner Versus 1. The State of Jharkhand. 2. Secretary, Social Welfare Development Department, Government of Jharkhand, having office at Project Building, P.O. & P.S. Dhurwa, District Ranchi. 3. Director, Women Child Development Department, Government of Jharkhand, having office at Project Building, P.O. & P.S. Dhurwa, District Ranchi. 4. Commissioner, South Chotanagpur Division, having office at Kutchery Road, Opp. Vikas Bhawan, P.O., G.P.O., P.S. Kotwali, District Ranchi. … … Respondents ------ CORAM : SRI ANANDA SEN, J ------ For the Petitioner(s) : Mr. Rajendra Krishna, Advocate Mr. Pratyush Shounikya, Advocate Ms. Priya Sahay, Advocate For the Respondent(s): Mr. Divyam, AC to SC-IV ------ 08/ 01.09.2025 During the course of argument, Mr. Rajendra Krishna, learned counsel representing the petitioner, submits that a regular departmental proceeding was initiated against the petitioner after superannuation, though there are no Rules in support of such initiation. 2. Learned counsel representing the respondent – State submits that now they have withdrawn the said departmental proceeding and have initiated a fresh proceeding under Rule 43 B of the Jharkhand Pension Rules. 3. Mr. Rajendra Krishna, admits that the regular departmental proceeding has been withdrawn, but a proceeding 2025:JHHC:26524 2 under Rule 43 B of the Jharkhand Pension Rules, has been initiated. As per him, after four years of the cause of action, no proceeding under Rule 43 B of the Jharkhand Pension Rules can be initiated, but in this case giving a go bye to the statutory provision, a proceeding under Rule 43 B of the Jharkhand Pension Rules has been initiated against the petitioner, which is also bad. 4. After considering the submission of the parties, I find that in this writ petition the petitioner has challenged the regular departmental proceeding, which was initiated after her superannuation. 5. Admittedly, the said proceeding has now been withdrawn. A fresh proceeding under Rule 43 B of the Jharkhand Pension Rules has been initiated. Whether the proceeding under Rule 43 B of the Jharkhand Pension Rules is illegal or is not in accordance with the statutory provision, needs to be adjudicated in a separate application, if the petitioner challenges the same. 6. Since this case is only in respect of regular departmental proceeding, which has already been withdrawn, nothing remains to be decided in this writ petition. 7. Accordingly, this writ petition is dismissed as having been rendered infructuous. (ANANDA SEN, J.) Prashant.Cp-2