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2025 DAILYLAW 9902 (JHR)

RAJESH EKKA v. THE STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY,

WPC/1664/2025 · 2025-09-25

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:30061 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1664 of 2025 ----- Rajesh Ekka, S/o Nigun Ekka, R/o Piska Mod, Hehal Tangra Toli, Hehal, P.O. Hehal, P.S. Sukhdeonagar, District Ranchi, Jharkhand ------ Petitioner(s) Versus 1.The State of Jharkhand & through its Chief Secretary, having its office at Project Bhawan, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi Jharkhand 2. The Secretary, Department of Revenue, Registration and Land Reforms, having its office at Project Bhawan, Dhurwa, Ranchi, Jharkhand. 3. The Inspector General of Registration, Department of Revenue, Registration and Land Reforms, Govt. of Jharkhand, Project Bhawan, Dhurwa, P.O. and P.S. Dhurwa, District- Ranchi, Jharkhand 4. The Deputy Secretary, Department of Revenue, Registration and Land Reforms, Govt. of Jharkhand, Project Bhawan, Dhurwa, P.O. and P.S. Dhurwa, District- Ranchi, Jharkhand. 5. The Joint Inspector General, Department of Revenue, Registration and Land Reforms, Govt. of Jharkhand, Project Bhawan, Dhurwa, P.O. and P.S. Dhurwa, District- Ranchi, Jharkhand 6.The Principal Secretary, Department of Mines and Geology, at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 7. The District Mining Officer, Hazaribag, P.O. Hazaribag, P.S. Hazaribag, District Hazaribag, Jharkhand. 8. The Director of Mines, Department of Mines and Geology, having its office at Nepal House, Doranda, Ρ.Ο. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 9. The Deputy Commissioner-cum-District Magistrate, Hazaribagh, P.O. Hazaribagh, P.S. Hazaribagh, District Hazaribagh, Jharkhand. 10. The Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand having its office at Project Bhawan, Dhurwa, P.O. and P.S. Dhurwa, District- Ranchi, Jharkhand. ------ Respondent(s) ….. CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Arpan Mishra, Advocate For the State : Mr. Arun Kumar Dubey, AC to G.P.-III For Respondent(s) : Mr. Ashutosh Anand, Advocate …...... 03 / 25.09.2025: Heard, learned counsel for the parties. 2. In this writ petition, petitioners have prayed for the following reliefs:- “(i) For issuance of an appropriate writ(s) / order(s) /direction(s) particularly a writ of certiorari for quashing of the Notification as contained in Memo No. 09/Arop (Hazaribag)-09/2025 765 dated 19.03.2025 (Annexure-5) issued under the signature of Deputy Secretary, Department of Revenue, Registration and land Reforms, Government of Jharkhand under the orders of the Hon’ble Governor, whereby and whereunder a decision has been taken to initiate Departmental Proceedings against the petitioner under Rule-17 of the Jharkhand Government Servants (Classification, Control and Appeal) Rules, 2016 on the basis of the Charge Memo and consequently set-aside the entire disciplinary proceedings initiated thereon. AND (ii) Further writ(s)/ order(s) / direction(s) upon the respondents to stay the further proceedings in connection with Departmental Proceeding initiated against the petitioner vide Notification contained in Memo No. 09/Arop (Hazaribag)-09/2025 765 dated 19.03.2025. (iii) For issuance of such other writ, order or direction as Your Lordship may deem fit and proper for doing conscionable justice to the petitioner. 3. Petitioner has been issued a charge memo for complying the order of this Court. The Division Bench directed to register lease deed by 10.01.2025. The Deputy Commissioner presented the lease before the petitioner on 08.01.2025, who requested the same. Petitioner has just complied the order of the Court. For complying the order of the Court no one can be proceeded against rather, it is the other way. 4. Charge memo is thus quashed as the action of the petitioner was in compliance with the direction passed by the Division Bench of this Court. If the petitioner would not have registered the deed, he would have defied the order of the High Court. As the petitioner complied the order of this Court the charge memo has been issued against the petitioner. The charge memo which has been issued and approved can be said to be without application of the mind and without the judging the situation and the gravity. 5. In view of what has been stated above the entire charge memo and the departmental proceeding is quashed. This writ petition is accordingly allowed. (ANANDA SEN, J.) 25th September, 2025 R.S.