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2026 DAILYLAW 13839 (JHR)

SANJAY KUMAR HIMANTSINKA v. THE STATE OF JHARKHAND

WPC/1365/2023 · 2026-02-04

Sri Ananda Sen

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:2941 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.1365 of 2023 ------ Sanjay Kumar Himatsinka, son of Late Ramlal Himantsinka, resident of Marwari Chowk, Main Road, P.O. & P.S. Dumka, District Dumka. … … Petitioner Versus 1. The State of Jharkhand. 2. District Consumer Disputes Redressal Commission, Dumka, through its Secretary, P.O. & P.S. Dumka, District Dumka. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Saman Ahmad, Advocate For the Respondent(s): Mr. Om Prakash Tiwrai, GP-III Mr. Varun Prabhakar, AC to GP-III ------ 09/ 04.02.2026 By filing this writ petition, the petitioner has prayed for the following reliefs:- “(A) For setting aside and quashing of letter no.77 dated 28.2.2023 issued by the Secretary, District Consumer Disputes Redressal Commission, Dumka (as contained in Annexure-3 to the present writ application), by which the present petitioner has been directed to hand over all his charge to the personal assistant of respondent no.2. (B) For direction upon the respondents to bring on record the order of termination of the present petitioner from the post of Lower Division Clerk and quash the same. (C) For direction upon the concerned respondents for reinstatement of the present petitioner to the post of Lower Division Clerk.” 2. Heard learned counsel representing the petitioner and learned counsel representing the respondents. 2026:JHHC:2941 2 3. The petitioner is not an employee of the “State” or any of the Institution, which falls within the meaning of Article 12 of the Constitution of India. Admittedly, the petitioner is an employee of a private Company namely "T & M Services Consulting Private Limited”, which is an Outsourcing Agency in Mumbai. The petitioner was allowed to work under the respondents. The said Company has terminated the services of this petitioner, as the petitioner was it’s employee. 4. In view of the fact that the employer of this petitioner is not a “State” within the meaning of Article 12 of the Constitution of India, this writ petition is not maintainable. 5. Accordingly, this writ petition stands dismissed. 6. If the petitioner is aggrieved by the order of termination, it will be open to the petitioner to approach the appropriate Forum available to him. (ANANDA SEN, J.) 04th February, 2026 Prashant. Cp-2 Uploaded on 06.02.2026