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2026 DAILYLAW 14918 (JHR)

SHAMIM AKHTAR ANSARI v. THE STATE OF JHARKHAND

WPC/1517/2026 · 2026-03-26

Sri Ananda Sen

body2026

Judgment text

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2026:JHHC:8761 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.1517 of 2026 ------- Shamim Akhtar Ansari, S/o Late Md. Hadish Ansari, age about 58 years Resident of Mohala Rasikpur, P.O. Dumka, P.S. Dumka (T), District Dumka. .... Petitioner(s). Versus 1. The State of Jharkhand. 2. The Secretary, Department of Revenue, Registration and Land Reforms Department, Government of Jharkhand, Project Building, Dhurwa, P.O. & P.S. Dhurwa, Dist.-Ranchi, Jharkhand. 3. The Director, Directorate of Land Records and Measurements, Government of Jharkhand, Project Building, Dhurwa, P.O. & P.S. Dhurwa, Dist. Ranchi, Jharkhand. 4. The Under Secretary-cum- Assistant Director, Directorate of Land Records and Measurements, Government of Jharkhand, Project Building, Dhurwa, P.O. & P.S. Duurwa, Dist.- Ranchi, Jharkhand. 5. The Commissioner, Santhal Pargana Division, Dumka, P.O.-Dumka, P.S.- Dumka Town, Subdivision & Dist. Dumka. 6. The Settlement Officer, Santhal Pargana Dumka, P.O. Dumka, P.S.-Dumka Town, Subdivision & Dist. Dumka. … Respondents. ------- CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. S.G. Raman, Advocate Ms. Punam Shrivastava, Advocate For the Respondent : Mr. Anuj Burman, Advocate ------ 08/ 26.03.2026: Heard the learned counsel for the petitioner and learned counsel for the respondent. 2. By filing this writ petition, the petitioner has challenged the order dated 11.04.2023 as contained in Memo No.153 (Annexure-10), whereby the petitioner has been punished in the departmental proceeding. 3. After going through the order, I find that the petitioner has been proceeded in terms of the Jharkhand Government Servants (Classification, Control & Appeal) Rules, 2016. The aforesaid rules provide for appeal. Part- VII of the aforesaid Rules, 2016 provides provision for appeal. Rule 25 prescribes provision of the appellate authority, which reads as under: “25. Appellate Authorities – 1) A Government Servant, including a person who has ceased to be in Government service, may prefer an appeal against the orders specified in rule 24 to the authority specified in this behalf by a general or special order of the Government or, where no such authority is specified.- i) where such Government Servant is or was holder of Civil post, Group - A or Group - B - a) to the Appointing Authority, where the order appealed against is made by an authority subordinate to it, or b) to the authority immediately superior which passed an order, where such order is made by Appointing Authority or any other authority superior to the Appointing Authority. ii) where such Government Servant is or was holder of Civil post, Group - C or Group - D, to the authority to which the authority making the order appealed against is immediately subordinate. 2) There shall be no appeal against the orders of the Government; however review petitions may be filed in the form of Memorials. 3) Where the person, who made the order appealed against becomes, by virtue of his subsequent appointment or otherwise, the appellate authority in respect of such order, an appeal against such order shall lie to the authority to which such person is immediately subordinate or to an authority specially authorised for this purpose by the Government.” 4. In this case, I find that the order has been passed by the Deputy Secretary-cum-Assistant Director of the Department. Thus this punishment order is appealable in terms of the Rules before the appellate authority. Since there is a provision of appeal, I am not inclined to entertain this writ petition. The petitioner, if so advice, may approach the appellate authority by filing a detail appeal. If such appeal is filed along with a limitation application for condoning the delay, the appellate authority may consider the said application sympathetically considering the pendency of this writ application before this Court. 5. With the aforesaid observations and directions, this writ application is disposed of. (ANANDA SEN, J.) 26th March, 2026 Madhav/- Uploaded on:30 /03 /2026