2026:JHHC:13573 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 606 of 2025 ….….. Dhananjay Singh, aged about 43 years, son of Mr. Hare Krishna Singh, resident of House No. 323, Zone No. 1/B, Birsa Nagar, P.O. & P.S. Birsa Nagar, Town Jamshedpur, District - East Singhbhum, Jharkhand. ..… Petitioner (s) Versus 1. The State of Jharkhand through the Director General-cum-Inspector General of Police, Jharkhand, having office at Police Headquarter, Dhurwa, P.O. & P.S. - Dhurwa, District - Ranchi. 2. The Inspector General of Police (Training), Jharkhand, having office at Police Headquarter, Dhurwa, P.O. & P.S. - Dhurwa, District - Ranchi. 3. The Inspector General-cum-Director, Jharkhand Police Academy, Hazaribagh, P.O. & P.S. Padma, District - Hazaribagh. 4. The Deputy Inspector General of Police (Personnel), having office at Police Headquarter, Dhurwa, P.O. & P.S. Dhurwa, District - Ranchi. ..... Respondent(s) ….….. CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ….… For the Petitioner(s) : Mr. Krishna Shankar, Adv For the Respondents : Mr. Manish Kumar, Sr. S.C.-II Mrs. Sunita Kumari, A.C. to Sr. S.C.-II ….….. C.A.V. ON: 01/05/2026 PRONOUNCED ON:07/05/2026 1. Heard learned counsel for the parties. 2. The petitioner has preferred the instant writ petition for the following reliefs:- (a) For issuance of an appropriate writ, order or direction, particularly a writ in the nature of mandamus, commanding upon the respondents to grant the specific marks to the petitioner as per the Police Order No. 238/93 as he has passed the Semester-I Training of external and internal subjects conducted during 29.05.2023 to 30.05.2023 and 03.06.2023 to 08.06.2023 respectively in Police Training Academy, Hazaribagh as due to non- granting of marks to the petitioner, his position in the seniority list of Police Sub Inspectors, who have been 2026:JHHC:13573 2 appointed in the year 2018 in Limited Departmental Examination, has been downgraded. (b) For issuance of a further appropriate writ, order or direction, particularly a writ in the nature of mandamus, commanding upon the respondents to finalize the merit list of Police Sub Inspectors of 2018 Batch after granting the specific marks to the petitioner in the 1st Semester as well as Director's/Principal's assessment marks. 3. Briefly stated, the petitioner was appointed in Jharkhand Police on the post of Sub-Inspector of Police and accordingly police order was issued vide Memo No.192/P dated 06.03.2018 by the Police Head Quarter Jharkhand, Ranchi. 4. During the course of training at Police Training Academy, Hazaribagh, he appeared in the 1st Semester Examination conducted between 16.07.2018 to 28.07.2018, and on 24.07.2018 the paper of I.P.C. was conducted and the petitioner was apprehended while cheating (carrying chit during the examination) in the said paper and accordingly he was suspended from the said examination. 5. Thereafter, a departmental proceeding was initiated against the petitioner and charge-sheet was issued to him vide Memo dated 25.07.2018 and punishment was awarded with a stoppage of increment for two years which is equivalent to three black marks. Thereafter, the petitioner appeared in the 2nd Semester Examination and he got 920 marks and was declared ‘passed’ and the name of the petitioner stood at Serial No.10. 2026:JHHC:13573 3 6. Thereafter, the petitioner appeared in the Supplementary Internal Examination of 1st Semester (External as well as Written) in 2023 and the petitioner was declared ‘passed’ and the name of the petitioner stood at Serial No.102. 7. The case of the petitioner is that though he had passed the First Semester Examination but marks in individual subject as well as Director/Principal assessment marks has not been granted to the petitioner. In this regard, the petitioner also submitted his representation before the competent authority but no action has been taken yet. Hence, this writ application. 8. It has been submitted by Ld. Counsel for the petitioner that since the petitioner was not absent/failed in the earlier examination; rather he was debarred therefore he is entitled for the marks which he got in the examination. 9. He had further submitted that since the petitioner has been punished in the departmental proceeding and though the petitioner was declared ‘passed’; but marks in individual subjects and also Director/Principal assessment marks were not awarded to him, which has adversely affected his seniority and service prospects. 10. Per contra, learned counsel for the respondents submitted that the seniority of the petitioner has been determined in 2026:JHHC:13573 4 accordance with the provision enshrined in the Police Manual more particularly Rule 689(c) read along with Police Order No. 102; and in view of the aforesaid Rule and prescribed guidelines, the Final Seniority List is determined for the Sub- inspector of Police in which the petitioner features at Seniority No. 751 and it requires no further interference. 11. Having heard learned counsel for the parties and after going through the materials available on record, it transpires that during the training period the petitioner was apprehended while using unfair means in the 1st Semester Examination conducted in the year 2018; pursuant thereto; a departmental proceeding was initiated and punishment of stoppage of increment for two years was inflicted upon him. 12. Subsequently, the petitioner cleared the 2nd Semester Examination and thereafter also passed the Supplementary 1st Semester Examination held in the year 2023. However, though the petitioner was declared ‘passed’; marks in individual subjects and also Director/Principal assessment marks were not awarded to him, which according to the petitioner has adversely affected his seniority and service prospects. 13. Since no specific marks has been awarded to the petitioner and in the result column it is only mentioned as ‘passed’ therefore due to non-granting of specific marks to the 2026:JHHC:13573 5 petitioner, his position at Seniority List of 2018 Batch Sub- Inspectors has been adversely affected and it comes at the bottom of the list though at the initial stage in the actual list of 2018 Batch of Sub-Inspectors, his name stands at above than what in the present list, so his seniority is being adversely affected and consequent upon which his promotion will also be adversely affected in future. 14. Thus, the issue which falls for consideration before this Court is as follows: - “Whether after permitting the petitioner to reappear in the Supplementary Examination and declaring him ‘Passed’, the respondents could have withheld the actual marks and Director/Principal assessment marks contrary to the governing Police Order. 15. On a plain reading of Clause-7 of Police Order No.238/93 (Annexure-5), it appears that there is a provision of Director/Principal Assessment marks, and at Clause-9(घ) of Police Order No.238/93, there is a specific stipulation that when anybody would be found involved in cheating (carrying chit during the examination) in PTC Examination; then, only in that particular paper, zero marks will be awarded and a separate departmental proceeding will be initiated against him; however, in the present case, in gross violation of Police Order No.238/93, the petitioner has been debarred from appearing in the rest of the examinations and no marks has 2026:JHHC:13573 6 been awarded to him in the First Semester Examination which is a double jeopardy against the petitioner as he has already been punished in the departmental proceeding and nobody can be punished twice for the same offence. 16. Further, the Court also finds that in the Examination conducted during 2018-19 Session, the candidates who have been found involved in the misconduct (carrying chit during the examination), but marks have been allotted to them in the said examination whose names are mentioned at Paras-14 and 15 of the writ petition, and the same has not been denied by the Respondent State in their Counter Affidavit; thus, the Court is of the considered view that the action of the Respondent authorities is also in violation of Article 14 of the Constitution of India. 17. In the aforesaid facts and circumstances, this Court is of the considered view that the petitioner is entitled for Director/Principal assessment marks and the marks in the paper in which the petitioner has appeared and passed as per Annexure-5 of the writ application, inasmuch as, one cannot be punished twice for the same offence; and the petitioner had faced departmental proceeding and has also been awarded punishment as per Clause-9(घ) of Police Order No.238/93. 18. Hence, the issued framed, is decided in favour of the petitioner, inasmuch as, after permitting the petitioner to 2026:JHHC:13573 7 reappear in the Supplementary Examination and declaring him ‘Passed’, the respondents could not have withheld the actual marks and Director/Principal assessment marks as the same is contrary to the governing Police Order. 19. Accordingly, the Respondent No.2 i.e., I.G. (Training) Jharkhand and Respondent No.4 i.e., D.I.G. (Personnel) Jharkhand, Ranchi is directed to grant Director/Principal Assessment marks as well as number in the First Semester Examination (External as well as Written) also; and accordingly prepare the seniority list of 2018 Batch of Sub- Inspector of Police who have been appointed in the light of Advertisement No.9/17 and Police Order issued vide Memo No.192/P dated 06.03.2018 issued by the Police Head Quarter Jharkhand, Ranchi. 20. The respondents are directed to complete the entire exercise as stated in the preceding paragraph within a period of four weeks from the date of receipt/production of copy of this order. 21. Consequently, the instant writ application stands allowed. Pending IAs, if any, are closed. (Deepak Roshan, J.) Dated:07 /05/2026 Amardeep/ Uploaded on 07.05.2026