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2026 DAILYLAW 793 (JHR)

KAMESHWAR NATH DUBEY v. THE STATE OF JHARKHAND

WPC/1543/2026 · 2026-03-16

Sri Ananda Sen

body2026

Judgment text

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2026:JHHC:7094 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1543 of 2026 Kameshwar Nath Dubey, aged about 48 years, son of Uma Nath Dubey, resident of Raja Para, P.O. & P.S. Pakur, District Pakur, Jharkhand. .... Petitioner(s). Versus 1. The State of Jharkhand. 2. The Deputy Commissioner, Pakur having its office at Pakur, P.O. & P.S. Pakur District- Pakur, Jharkhand 3. The Deputy Development Commissioner, Pakur having its office at Pakur, P.O. & P.S. Pakur District- Pakur, Jharkhand. 4. The Additional Collector, Pakur having its office at Pakur, P.O. & P.S. Pakur District- Pakur, Jharkhand. 5. The District Establishment Deputy Collector, Pakur, having its office at Pakur, P.O. & P.S. Pakur District- Pakur, Jharkhand. 6. The Circle officer, Hiranpur, having it office at Hiranpur, P.O. & P.S. Pakur, District- Pakur, Jharkhand. 7. The Block Development Officer, Hiranpur having it office at Hiranpur, P.O. & P.S. Pakur, District- Pakur, Jharkhand. … Respondent(s). …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rajesh Kumar, Advocate For the Respondents : Mr. Ratnesh Kumar, AC to (L&C)-I …...... 03/ 16.03.2026: The petitioner is challenging order of punishment inflicted upon him by memo No.469 dated 03.12.2024 passed by the Deputy Commissioner, Pakur. 2. The impugned order is appealable as there are provisions of appeal in part-VII of the Jharkhand Government Servant (Classification, Control and Appeal) Rules, 2016. Rule 24 and Rule 25 of the Rule, 2016 read as under: “24. Orders against which appeal lies - A Government Servant may prefer an appeal against order of suspension or order of penalty. 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, -1- 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.” 3. Thus, considering the fact that there is provision of appeal, I am not inclined to entertain this writ petition. 4. The petitioner is directed to file an appeal before the appellate authority. If the appeal is filed along with limitation petition, the same will be considered by the appropriate appellate authority in terms of the proviso of Rule 26 considering that the writ petition challenging the punishment order was filed before this Court. 5. Accordingly, this writ petition is disposed of with the aforesaid liberty. (ANANDA SEN, J.) 16th March, 2026 Satyendra/Madhav/- Uploaded on: / /2026 -2-