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2026 DAILYLAW 622 (JHR)

SHAMBHU MANJHI v. THE STATE OF JHARKHAND THROUGH THE SECRETARY, DEPARTMENT OF HOME AFFAIRS

C.M.P./191/2026 · 2026-04-01

Sanjay Prasad

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Judgment text

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2026:JHHC:9442 -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI C. M. P. No. 191 of 2026 …. Sambhu Manjhi, Aged about 59 years, Son of Nanddeo Manjhi Resident of Village- Pokhraha Khurd, PO- Rajwadih, PS- Sadar, Daltonganj, District- Palamu (Jharkhand) PIN 822118 at present dismissed Sweeper, Jharkhand Armed Police- 8th Batalian Lesliganj, Palamu, PO & PS- Lesliganj, District- Palamu, Jharkhand State PIN- 822118 …… Petitioner Versus 1. The State of Jharkhand through the Secretary, Department of Home Affairs, Govt. of Jharkhand, Project Bhawan, 1st Floor, HEC Campus, Dhurwa, Ranchi- PO & PS-Dhurwa, District- Ranchi- 834004 2. Shri Rajiv Kumar IPS, Director General and Inspector of Police, Jharkhand Police Headquarters, PO- Dhurwa, PS- Dhurwa, Distt. -Ranchi-834004 3. Shri Laxman Prasad Singh, IPS, Director Inspector General of Police, Jharkhand Armed Police, Raja Rani Kothi, PO- Doranda, PS- Doranda, Distt.-Ranchi-834002 4. The Commandant, Jharkhand Armed Police, 4th Battalian, Lesliganj, PO & PS- Lesliganj, District- Palamu, Jharkhand State .…… Opp. Parties ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the petitioner : Ms. Anjana Kumari, Advocate For the State : Mr. Munna Lal Yadav, SC (L & C)-III ….. 02/01.04.2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The instant C. M. P. No. 191 of 2026 has been filed on behalf of the petitioner for restoration of W. P. (S) No. 3833 of 2013, which was dismissed for non-prosecution vide order dated 03.09.2024 passed by this Court. 3. It has been submitted by the learned counsel for the petitioner that the Advocate Clerk of the learned counsel appearing for the petitioner could not mark the case in the cause list, when the case was listed on 03.09.2024 and due to which, the learned counsel for the petitioner could not appear at the time of argument. Learned counsel for the petitioner undertakes that she will appear, when the case will be heard on merit. It is further 2026:JHHC:9442 -2- submitted that due to the mistake on the part of the Advocate Clerk, the petitioner should not suffer and hence, C. M. P. No. 191 of 2026 may be allowed and W. P. (S) No. 3833 of 2013 may be restored to its original file. 4. On the other hand, learned counsel for the State has opposed the prayer for restoration of W. P. (S) No. 3833 of 2013. It is submitted that the petitioner was negligent and learned counsel for the petitioner was not serious in pursuing the matter, when the case was listed on 03.09.2024. It is submitted that earlier, they had not appeared on some date also. It is submitted that the respondent-the Commandant, Jharkhand Armed Police, 8th Battalion, Lesliganj Palamu (Jharkhand), after due enquiry and considering the evidence, has passed the impugned order by dismissing the petitioner as per the Police Manual Rule -826. It is submitted that the order of punishment awarded by the Commandant Jharkhand Armed Police, 8th Battalion, Lesliganj Palamu (Jharkhand) is fit and proper and there is no violation of Article 14 of the Constitution of India and hence, W. P. (S) No. 3833 of 2013 may not be restored and C. M. P. No. 191 of 2026 may be dismissed. 5. Heard learned counsel for the parties. 6. It appears that W. P. (S) No. 3833 of 2013 was dismissed for non-prosecution vide order dated 03.09.2024 passed by this Court as the learned counsel for the petitioner had not appeared. 7. As the learned counsel for the petitioner undertakes that she will remain present at the time of hearing the case and will argue the case on merit, the present C.M.P. No. 191 of 2026 is allowed and W.P.(S) No. 3833 of 2013 is restored to its original file. 8. Office to list this case as per roster. (Sanjay Prasad, J.) Dated 01.04.2026 Kamlesh/