2026:JHHC:11393 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 7134 of 2019 ---------- Aniruddha Kumar Singh, aged about 62 years, son of late Gaibi Nath Singh, resident of Maurya Vihar, Road No. 1, P.O. Khagol, P.S. Fulwarisarif, Dist. Patna (Bihar). ………. Petitioner Versus 1. The State of Jharkhand. 2. The Additional Chief Secretary, Department of Planning & Finance, Govt. of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, Dist. Ranchi. 3. The Additional Chief Secretary, Department of Forest, Environment & Climate Change, Nepal House, P.O. & P.S.-Doranda, District- Ranchi. 4. The Principal Chief Conservator of Forest (Head of Forest Force), Government of Jharkhand, at Van Bhawan, Doranda, P.O.& P.S.- Doranda, District- Ranchi. 5. The Joint Secretary to the Government, Department of Forest, Environment & Climate Change, Nepal House, P.O. & P.S.-Doranda, District- Ranchi. 6. The Deputy Secretary to the Government, Department of Forest. Environment & Climate Change, Nepal House. P.O. & P.S.- Doranda. District- Ranchi. 7. The Divisional Forest Officer, Medninagar Division, Chhatarpur East Range, Palamau, P.O. & P.S. Palamau, Dist.-Daltonganj. 8. The Accountant General (A&E), Jharkhand, P.O.& P.S.-Doranda, Dist. Ranchi. ………. Respondents With W.P.(S). No. 7258 of 2019 Aniruddha Kumar Singh, aged about 62 years, son of late Gaibi Nath Singh, resident of Maurya Vihar, Road No. 1, P.O. Khagol, P.S. Fulwarisarif, Dist. Patna (Bihar). ………. Petitioner Versus 1. The State of Jharkhand. 2. The Additional Chief Secretary, Department of Planning & Finance, Govt. of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, Dist. Ranchi. 3. The Additional Chief Secretary, Department of Forest, Environment & Climate Change, Nepal House, P.O. & P.S.-Doranda, District- Ranchi. 4. The Principal Chief Conservator of Forest (Head of Forest Force), Government of Jharkhand, at Van Bhawan, Doranda, P.O.& P.S.- Doranda, District- Ranchi. 5. The Joint Secretary to the Government, Department of Forest, Environment & Climate Change, Nepal House, P.O. & P.S.-Doranda, District- Ranchi. 2026:JHHC:11393 2 6. The Deputy Secretary to the Government, Department of Forest. Environment & Climate Change, Nepal House. P.O. & P.S.- Doranda. District- Ranchi. 7. The Regional Chief Conservator of Forest, Palamau, P.O. & P.S. Palamau, Dist. Daltonganj. 8. The Divisional Forest Officer, Medninagar Division, Chhatarpur East Range, Palamau, P.O. & P.S. Palamau, Dist.-Daltonganj. 9. The Accountant General (A&E), Jharkhand, P.O.& P.S.-Doranda, Dist. Ranchi. ………. Respondentszx --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioner : M/s. Deepak Kr. Dubey, Rashi Sharma, Ruhi Dubey, Advocates For the State : Mr. Suresh Kumar, SC(L&C)-II Mr. Rajesh Kr. Singh, AC to SC(L&C)-II [in W.P.(S). No. 7134 of 2019] Mr. Munna Lal Yadav, SC(L&C)-III Mr. Deepak Kumar, AC to SC(L&C)-III [in W.P.(S). No. 7258 of 2019] For the Accountant Gen. : Mr. Amit Kr. Verma, Advocate ---------- 08/ 18.04.2026 Since the issues are same and similar baring few facts, accordingly, with the consent of the parties, both these writ applications are heard together and disposed of by this common order. 2. In W.P.(S). No. 7134 of 2019, the petitioner has prayed for following reliefs: i) For issuance of an appropriate writ (s)/order(s)/or direction(s) particularly a writ in the nature of Certiorari for quashing of the letter no.2225 dated 01.08.2016 (Annexure-1) issued by the office of the Divisional Forest Officer, Dumka Forest Division, Dumka and the same has been communicated to the petitioner vide memo no.3139 dated 23.08.16 by the office of the Divisional Forest Officer, Medninagar Forest Division, Medninagar and also quashing of letter no.3612 dated 04.11.2016. communicated to the petitioner vide memo no.4559 dated 21.11.16 by the office of the Divisional Forest Officer, Medninagar Forest Division. Medninagar, letter no.3396 dated 12.11.2016 communicated to the petitioner vide memo no.4558 dated 21.11.16 by the office of the Divisional Forest Officer, Medninagar Forest Division. Medninagar, letter no.3751 dated 21.11.2016, letter no.3538 dated 26.11.2016, letter no.4875 dated 07.12.2016,and letter no.4911 dated 09.12.2016 (Annexure-4 Series) whereby and where under direction has been given to the petitioner to deposit a sum of Rs. 42895/- in the lesser Account of Hizla west Range Dumka, (Dumka Forest Division), Chhatarpur East Range 2026:JHHC:11393 3 treasury, i.e. after 10 years and also direction has been given without any order of the competent authority on the verge of retirement which is against the rule of Forest Account and Procedure Code. ii). To quash and set aside the letter no.300 dated 17.02.2017 issued by Conservator of Forest, Regional Circle, Medninagar and communicated to the petitioner vide letter no. 1231 dated 09.03.17. letter no 2419 dated 07.09.2017 issued by Conservator of Forest, Regional Circle, Medninagar, and letter no. 5383 dated 16.10.17 (Annexure-8 Series) issued by the Divisional Forest Officer, Medninagar Forest Division by which direction has been given to the petitioner to deposit a sum of Rs. 42895/- in the lesser Account of Hizla west Range Dumka (Dumka Forest Division), Chhatarpur East Range treasury after retirement of the petitioner from the service without any order passed by any competent authority and which is also against the verdict of the Hon'ble Apex Court. iii). For issuance of an appropriate writ(s) / order(s) and / or direction (s) particularly a writ in the nature of Certiorari for quashing the order of recovery of Rs 42,895/- from the Gratuity vide memo no. 2456 dated 17.07.2019 and vide memo no.2457 dated 17.07.2019 (Annexure-10 & 10/1) and the same has been sent to The Additional Chief Secretary, Department of Forest, Environment & Climate Change, Ranchi, and The Accountant General (A&E), Jharkhand, Ranchi respectively which is against the verdict of the Hon'ble Apex Court as well as this Hon'ble Court iv). For issuance of an appropriate writ(s)/order(sj/or direction(s) particularly a writ in the nature of Mandamus commanding upon the respondents not to give effect to the entire letters (Annexure-1. Annexure-4 Series, Annexure-8 Series and Annexure-10 & 10/1) mentioned above which were issued after 10 years and also direction has been given without any order of the competent authority i.e. after retirement, and no reason has been assigned in the entire letters and why only on the basis of the letters petitioner should be deposit a sum Rs. 42895/- in the lesser Account of Hizla west Range Dumka, (Dumka Forest Division), Chhatarpur East Range treasury. 3. Similarly, in W.P.(S). No. 7258 of 2019, the petitioner has prayed for following reliefs: i). For issuance of an appropriate writ (s)/order(s)/or direction(s) particularly a writ in the nature of Certiorari for quashing of the Notification as contained vide Memo no.5269 dated 09.09.2005 (Annexure-4) issued by the Under Secretary, Government of Jharkhand whereby and where under without any departmental proceeding, without any second show cause and without following the procedure of principle of natural justice even without considering the opinion of the Regional Chief Conservator of Forest, Hazaribag dated 07.08.2004 a punishment of censure and punishment of stoppage of two increments with cumulative effect has been passed against the petitioner only on the basis of letter no. 3710, dated 17.08.2004. ii). For issuance of an appropriate writ (s)/order(s)/or direction(s) particularly a writ in the nature of Certiorari for quashing of order of recovery of Rs 1,61,556/- from the Gratuity passed vide memo 2026:JHHC:11393 4 no. 2456 dated 17.07.2019 and vide memo no.2457 dated 17.07.2019 (Annexure- 7 & 7/1) passed in the light of Notification as contained vide Memo no.5269 dated 09.09.2005 issued by the Under Secretary. Government of Jharkhand by which without any departmental proceeding, without any second show cause and without following the procedure of principle of natural justice even without considering the opinion of the Regional Chief Conservator of Forest, Hazaribag dated 07.08.2004 a punishment of censure and punishment of stoppage of two increments with cumulative effect has been passed against the petitioner only on the basis of letter no. 3710 dated 17.08.2004, and the memo no. 2456 dated 17.07.2019 and vide memo no. 2457 dated 17.07.2019 has been sent to The Additional Chief Secretary, Department of Forest. Environment & Climate Change, Ranchi, and The Accountant General (A&E). Jharkhand, Ranchi respectively i.e. after retirement of the petitioner and also after 14 years of passing of the order which is against the verdict of the Hon'ble Apex Court as well as this Hon'ble Court. iii). To call for and to quash letter no. 1704 dated 25.06.2019 issued by the Regional Chief conservator of forest, Palamau by which recovery of Rs. 1,61,556/- from gratuity has been proposed i.e. after retirement of the petitioner and also after 14 years of passing of the order dated 09.09.2005 and the said letter has not been given to the petitioner till date. 4. The only grievance of the petitioner is that the impugned orders have been issued without following the procedure, inasmuch as, even assuming that there was some advance amount lying with the petitioner; the petitioner retired on 31.12.2016 and all of a sudden in W.P.(S). No. 7134 of 2010, the impugned order for recovery of Rs.42895/- and in W.P.(S). No. 7258 of 2019, the impugned order for recovery of Rs.1,61,556/- have been issued. 5. Learned counsel contended that the respondents were not entitled to recover the said amount without following proper procedure. No proceeding was ever initiated against the petitioner for recovery of the said amount. Accordingly, the impugned orders deserve to be quashed and set aside and the recovered amount may be credited in the account of the petitioner. 6. Learned counsel for the respondent-State in respective cases have fairly submitted that though notices were issued several times to the petitioner but admittedly, no proceeding was ever initiated and the amount has been recovered from the gratuity of the 2026:JHHC:11393 5 petitioner. 7. Having regard to the aforesaid facts and circumstances of the case that a person who has already retired, recovery, if any, has to be done in accordance with law. However, in the instant cases the same has not been done. 8. Accordingly, both the writ applications stand allowed and the impugned orders of recovery is quashed and set aside. The respondents are directed to refund the recovered amount, if any, to the petitioner, within a period of 12 weeks from the date of receipt/ production of a copy of this order. However, liberty is given to the respective respondents to proceed in accordance with law for recovery of the said amount, if the law so permit. (Deepak Roshan, J.) 18th April, 2026 Kunal/- Uploaded on 04.05.2026