Jharkhand High Court
Sabhapati Prasad Kushwaha vs State Of Jharkhand And Others on 12 December, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 6125 of 2017
Court on its Own Motion
Versus
The State of Jharkhand ... ... ... ... ... Respondent
WITH
W.P. (PIL) No. 3114 of 2012
Sabhapati Prasad Kushwaha ... ... ... ... Petitioner
Versus
State of Jharkhand and others ... ... ... ... Respondents
WITH
W.P. (PIL) No. 2774 of 2013
Court on its Own Motion
Versus
The State of Jharkhand ... ... ... ... ... Respondent
WITH
W.P. (PIL) No. 638 of 2015
Court on its Own Motion
Versus
The State of Jharkhand and others ... ... ... Respondents
WITH
W.P. (PIL) No. 1475 of 2022
People's Union for Civil Liberties, Ranchi ... ... Petitioner
Versus
The State of Jharkhand and another ... ... ... Respondents
WITH
W.P. (PIL) No. 5938 of 2024
Hemant Kumar Shikarwar ... ... ... ... Petitioner
Versus
The State of Jharkhand and others ... ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR
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Amicus Curiae: Mr. Manoj Tandon, Advocate Mr. Abhijeet Kumar Singh, Advocate Mr. Shashank Kumar, Advocate For the Petitioners: Mr. Neeraj Kishore, Advocate Mr. Birendra Kumar, Advocate Mr. Shailesh Poddar, Advocate Mr. Hemant Kumar Shikarwar, Party-In-Person For the State: Mr. Suresh Kumar, S.C.(L&C)-II Md. Shahabuddin, S.C.-VII Mr. Suraj Prakash, A.C.to S.C. VII Mr. Z.A. Khan, A.C.to S.C. VII Mr. Yogesh Modi, A.C. to A.A.G.-IA 2 For the ED: Mrs. Swati Shalini, Advocate For the CBI: Mr. Deepak Kumar Bharati, Advocate For the JSSC: M/s. Sanjoy Piprawall, Prince Kumar, Jay Prakash, Rakesh Ranjan, Advocates
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55/Dated: 12.12.2025
1. On 7th of October, 2025 this Court passed the following orders:-
"54/Dated: 07.10.2025
1) On 12.08.2025 the Court passed the following orders:-
"53/Dated: 12.08.2025
1) On 08.07.2025 this Court passed the following orders:
"52/Dated:08.07.2025
1) Supplementary affidavit dt. 07.07.2025 filed by the Director (Administration), Inspectorate of Prison and Correctional Services, Jharkhand has been perused. It shows that there are several vacancies in various posts such as Assistant Jailor, Para Medical Personnel, Male and Female Warders, Jail Clerks, Jail Doctors/ Specialist Doctors, Barbers and Sweepers etc. Though it is stated that request for filling up certain posts has been received by the department, whether such request, requisition has been forwarded to the Jharkhand Staff Selection Commission or not, and what steps have been taken thereafter to fill up those vacancies, is not mentioned in the supplementary affidavit. The Amicus Curiae has also pointed that several vacancies of medical staff exist to which the counsel for the State states that the Health Department is now put incharge of providing medical care to the inmates of the prisons.
2) Be that as it may, more details on the steps being initiated to fill up the vacancies in the above posts expeditiously need to be placed on record by the State Government.
3) To file a supplementary affidavit in this regard, list on 12.08.2025. "
2) In compliance of the aforesaid order the Director (Administration), Inspectorate of Prison and Correctional Service, Jharkhand has filed his 3 personal affidavit which shall to be reproduced. Paragraph 5 of the said affidavit reads as under:
"5. That the current status of appointment against the vacant posts in the prisons of the state is stated as hereunder: -
i. ASSISTANT JAILOR That it is submitted that requisition as per the settled procedure, has been sent to the department of Personnel, Administrative Reforms and Rajbhasha for direct recruitment/backlog recruitment of 45 posts of Assistant Jailor vide letter no. 2880 dated 13.05.2025. The department of Personnel, Administrative Reforms and Rajbhasha vide letter no. 2993 dt. 23.05.2025 has sent the requisition to the Jharkhand Staff Selection Commission for necessary action in the matter of recruitment.
Xerox copy of letter no. 2993 dated 23.05.2025 is annexed and marked as Annexure-A. ii. X-RAY-TECHNICIAN/ DRESSER/ COMPOUNDER/ PHARMACISTS / FEMALE NURSE (A.N.M) / MALE NURSE That as per the direction of the department of the Home. Prison and Disaster Management the Prison and Correctional Services Inspectorate had submitted a revised requisition after roster clearance to the department of Home, Jail & Disaster Management for appointment of various posts under the para medical personnel. It is stated that the department sought for revised roster clearance proposal, in view of that a revised proposal for roster clearance has been submitted on 07.08.2025. The revised roster clearance as aforesaid is under active consideration of the department.
iii. WARDER (MALE)/ (FEMALE) That revised proposal for roster clearance for recruitment of warder has been approved by the Department of Home, Jail & Disaster Management. It is submitted that the Adhiyachna 4 (requisition) proposal has been submitted to the Department of Home, Jail & Disaster Management on 30.07.2025 and requisite steps are being taken by the department for recruitment of warder.
iv. JAIL CLERK That concurrence of the Department of Personnel, Administrative Reforms and Rajbhasha, the Department of Finance and the Department of Law has been obtained on the draft of Jharkhand State Jail Clerk cum Computer Operator Cadre Rules, 2025. It is stated that the Department of Cabinet Secretariat and Vigilance has sought clearance on some point of proposed service rule, regarding which the needful action is being taken.
v. JAIL DOCTORS/SPECIALIST DOCTOR That it is submitted that after due deliberation and conscious decision of the State Government and approval of the Cabinet, the department of Home, Prison and Disaster Management has transferred all the post of Doctors in Prison to the department of Health, Medical Education and Family Welfare vide Resolution contained in Memo No. 3525 dt. 12.06.2025.
vi. BARBER AND SWEEPERS That as per the decision taken in the meeting convened on 18.03.2025 under the Chairmanship of the Chief Secretary, Jharkhand, the Prison and Correctional Services Inspectorate has submitted a proposal for constitution of Barber and Sweeper Cadre Rules, 2025 to the department of Home, Jail & Disaster Management. That the Department has sought for comparative report with comment in the light of notified Jharkhand State Police Trade Service Rule 2025 regarding which a detailed report has been submitted vide letter no. 1754 dated 22.07.2025. The said report is under the scrutiny of the department.
Xerox copy of letter no.1754 dated 22.07.2025 is annexed 5 herewith and marked as Annexure-B."
3) The instant writ petition is on the docket of this Court for the last 8 years and unfortunately no serious endeavor appear to have been made by the respondent- State to fill up the vacant posts despite the order passed by this Court on 24.07.2023 which reads as under:
"23/Dated: 24.07.2023 The last order passed by us has not been complied with by the respondents.
This is very unfortunate that in spite of giving undertaking by the learned counsel attached to the office of the Advocate General, time and again we find that orders are not being carried out in its true letter and spirit. It is also brought to our notice from the newspapers circulating today that there is a vacancy of 81% of total prison/correction/ correctional official in the State of Jharkhand.
Let the previous order be complied with by Mr. Sachin Kumar, learned A.A.G. II, by the next date and also let the Court be apprised on affidavit regarding the exact vacancy of prison/correction/ correctional officials and the steps the State Government is taking for filling up the said vacancy, within a period of one month.
Put up this case on 28.08.2023."
4) Needless to say that the posts that are to be filled up in Prison / Correction/Correctional Homes is undoubtedly a functional post which under no circumstance can be kept vacant.
5) In the given facts and circumstances, we direct the Chief Secretary to the Government of Jharkhand to ensure that all the posts as mentioned above are filled up as expeditiously as possible and in any event by 30th September, 2025. The Chief Secretary is further directed to resolve all the issues as raised in this petition by calling for the meeting of all the stake holders so 6 as to ensure that the time-line as set out by this Court are strictly adhered to.
6) List this case on 07.10.2025.
I.A. No. 9668 of 2025 in W.P.(PIL) No. 6125 of 2017
7) The applicants' claim is misconceived as the interveners have separate cause of action which cannot be clubbed with the instant petition.
8) Accordingly, the interlocutory application is dismissed reserving liberty to the applicants/ interveners to resort to such remedy as available to them under the law for the redressal of their grievance."
2) In compliance to the aforesaid order, the Director Administration Inspectorate of Jail and Correctional Services Ranchi has filed his affidavit and it shall have to be reproduced paragraphs 6 and 7 thereof which reads as under:
"6. That it is submitted that in compliance with the order dated 12.08.2025 passed by this Hon'ble Court a High Level Meeting Chaired by the Chief Secretary, Government of Jharkhand with Principal Secretary, department of Home, Prison and Disaster Management, Secretary, Finance department, Inspector General, Prison and Correctional Services and the Secretary, Jharkhand Staff Selection Commission was convened on
25.09.2025 and necessary directions have been given to the concerned to take necessary measures for recruitment on the vacant posts in the prisons under the State of Jharkhand and minutes of meeting thereof have been prepared.
Xerox copy of minutes of meeting dated 25.09.2025 is annexed herewith and marked as Annexure-A. 7
7. That it is submitted that the following issues have been discussed and necessary directions have been given in the said meeting: -
a. The department of Personnel, Administrative Reform and Rajbhasha has already sent requisition vide Memo No. 5238 dated 02.09.2025 and 5237 dated 02.09.2025 to Jharkhand Staff Selection Commission, Ranchi for recruitment of vacant post of 1653 Male Warders and 80 vacant posts of Female Warders against the sanctioned post.
The Secretary Jharkhand Public Service Commission, Ranchi has been directed to complete the recruitment process immediately and accordingly Jharkhand Staff Selection Commission has published Advertisement No. 07/2025 dated 25.09.2025 for recruitment of Male Warder/Female Warder.
Xerox copy of Advertisement
No. 07/2025 dated
25.09.2025 is annexed
herewith and marked as
Annexure-B.
b. The department of Personnel, Administrative
Reform and Rajbhasha has already sent requisition vide Memo No. 2993 dated 23.05.2025 to Jharkhand Staff Selection Commission, Ranchi for recruitment of vacant post of 45 Assistant Jailors against the sanctioned post including backlog and regular.
The Secretary Jharkhand Public Service Commission, Ranchi has been requested to complete the recruitment process immediately and accordingly Jharkhand Staff Selection Commission has published Advertisement No. 05/2025 and 06/2025 dated 25.09.2025 for recruitment of Assistant Jailor.
Xerox copy of Advertisement No. 05/2025 and 06/2025 dated 25.09.2025 is annexed herewith and marked as Annexure-C and C1.
c. The department of Home, Prison and Disaster Management has been directed to complete the process 8 of roster clearance immediately for recruitment of vacant post of 02 Jail Superintendent (basic cadre) against 21 sanctioned posts. Necessary steps as per the direction of the Chief Secretary is being taken by the department of answering respondent for roster clearance as aforesaid.
d. The department of Home, Prison and Disaster Management has been directed to complete the process of framing of recruitment rules for recruitment of 09 vacant posts of Jail Clerk against the sanctioned posts obtaining the concurrence of the Jharkhand Staff Selection Commission on the proposed recruitment rules.
The draft rules have been prepared and the same has been processed for obtaining consent of the Jharkhand Staff Selection Commission on the draft rules as per the direction of the Chief Secretary. e. The department of Home, Prison and Disaster Management vide Letter No. 5821 dated 12.08.2025 has already sent requisition to the department of Personnel, Administrative Reform and Rajbhasha for recruitment of Para Medical Personnel.
f. As per the direction of the Chief Secretary, the department of Personnel, Administrative Reform and Rajbhasha vide Letter No. 5729 dated 25.09.2025 forwarded the requisition to the Jharkhand Staff Selection Commission for recruitment of the Para Medical Personnel.
Xerox copy of Letter No. 5729 dated 25.09.2025 is annexed herewith and marked as Annexure-
D. g. The department of Home, Prison and Disaster Management has been directed to complete the process for framing of Jharkhand State Prison Trade Cadre (Recruitment, Promotion and Others Service Conditions) Rules, 2025 for recruitment of Barber and Sweepers.
9
The department has been taking suitable and necessary action for framing of the rules as aforesaid."
3) Now the respondents have taken suitable steps for filling up of the vacancies as also implementation of resolution no. 3525 dated 12.06.2025 whereby the services of Jail Doctors/Specialists Doctors have been surrendered and given to the Department of Health, Medical Education and Family Welfare for recruitment of jail doctors. We deem it appropriate to defer the consideration of this case by 08 weeks.
4) List this case on 12.12.2025, when the fresh status report be filed on behalf of the State."
2. In compliance to the aforesaid orders, the Director (Administration), Jail Inspectorate has filed an affidavit, the relevant portions whereof read as under:-
"6. That it is submitted that in compliance with the order dated 12.08.2025 passed by this Hon'ble Court a High Level Meeting Chaired by the Chief Secretary, Government of Jharkhand with Principal Secretary, department of Home, Prison and Disaster Management, Secretary, Finance department, Inspector General, Prison and Correctional Services and the Secretary, Jharkhand Staff Selection Commission was convened on 25.09.2025 and necessary directions have been given to the concerned to take necessary measures for recruitment on the vacant posts in the prisons under the State of Jharkhand and minutes of meeting thereof have been prepared.10
Xerox copy of minutes of meeting dated 25.09.2025 is annexed herewith and marked as Annexure-A.
7. That it is submitted that the following issues have been discussed and necessary directions have been given in the said meeting: -
a. The Department of Personnel, Administrative Reform and Rajbhasha has already sent requisition vide Memo No. 5238 dated 02.09.2025 and 5237 dated 02.09.2025 to Jharkhand Staff Selection Commission, Ranchi for recruitment of vacant post of 1653 Male Warders and 80 vacant posts of Female Warders against the sanctioned post.
The Secretary Jharkhand Public Service Commission, Ranchi has been directed to complete the recruitment process immediately and accordingly Jharkhand Staff Selection Commission has published Advertisement No. 07/2025 dated 25.09.2025 for recruitment of Male Warder/Female Warder.
Xerox copy of Advertisement No. 07/2025 dated 25.09.2025 is annexed herewith and marked as Annexure-B. b. The Department of Personnel, Administrative Reform and Rajbhasha has already sent requisition vide Memo No. 2993 dated 23.05.2025 to Jharkhand Staff Selection 11 Commission, Ranchi for recruitment of vacant of 45 Assistant Jailors against the sanctioned post including backlog and regular.
The Secretary Jharkhand Public Service Commission, Ranchi has been requested to complete the recruitment process immediately and accordingly Jharkhand Staff Selection Commission has published Advertisement No. 05/2025 and 06/2025 dated 25.09.2025 for recruitment of Assistant Jailor.
Xerox copy of Advertisement No. 05/2025 and 06/2025 dated 25.09.2025 is annexed herewith and marked as Annexure-C and C 1.
c. The Department of Home, Prison and Disaster Management has been directed to complete the process of roster clearance immediately for recruitment of vacant post of 02 Jail Superintendent (basic cadre) against 21 sanctioned posts.
Necessary steps as per the direction of the Chief Secretary is being taken by the department of answering respondent for roster clearance as aforesaid.
d. The Department of Home, Prison and Disaster Management has been directed to complete the process of framing of recruitment rules for recruitment of 09 vacant posts of Jail Clerk 12 against the sanctioned posts obtaining the concurrence of the Jharkhand Staff Selection Commission on the proposed recruitment rules.
The draft rules have been prepared and the same has been processed for obtaining consent of the Jharkhand Staff Selection Commission on the draft rules as per the direction of the Chief Secretary.
e. The Department of Home, Prison and Disaster Management vide Letter No. 5821 dated 12.08.2025 has already sent requisition to the department of Personnel, Administrative Reform and Rajbhasha for recruitment of Para Medical Personnel.
f. As per the direction of the Chief Secretary, the department of Personnel, Administrative Reform and Rajbhasha vide Letter No. 5729 dated 25.09.2025 forwarded the requisition to the Jharkhand Staff Service Commission for recruitment of the Para Medical Personnel.
Xerox copy of Letter No. 5729 dated 25.09.2025 is annexed herewith and marked as Annexure-D. g. The Department of Home, Prison and Disaster Management has been directed to complete the process for framing of Jharkhand State Prison Trade Cadre (Recruitment, Promotion and 13 Others Service Conditions) Rules, 2025 for recruitment of Barber and Sweepers.
The Department has been taking suitable and necessary action for framing of the rules as aforesaid.
8. That it is submitted that apart from the directions and actions stated in the forgoing paragraphs of the instant affidavit, suitable steps are being taken for implementation of the Resolution No. 3525 dated 12.06.2025 issued by the department of answering respondent whereby service of the Jail Doctor/Specialist Doctor has been surrendered and given to the Department of Health, Medical Education and Family Welfare for recruitment of Jail Doctors.
9. That it is submitted that from the facts stated herein above it would appear that significant steps have been taken/are being taken to address the issues involved in this case.
10. That the deponent begs unconditional or unqualified apology for omission or commission of act, if any, or inconvenience caused, if any, in compliance to the direction of this Hon'ble court.
11. That the Respondent further undertakes to file additional affidavit as and when required or as may be directed by the Hon'ble Court."
3. Based on the contents of this affidavit it is stated that the respondents are taking suitable action with regard to recruitment of officers and personnel in the prisons under the State of Jharkhand. 14
However, we find no meaningful steps having been taken after the order dated 07.10.2025 as is evident from the contents of the affidavit as extracted above.
4. All the issues raised pertain to Advertisement No.07/2025 dated 25.09.2025 and there is not a whisper with regard to the compliance of the order dated 07.10.2025 save and except in para-9 wherein they have stated that the Rules for the post of Jail Clerk have been drafted and now placed before the Cabinet for its approval, whereas, no effective steps have been taken for recruitment of Barbers, Sweepers, Para Medical Staff, etc and the State was expected to have acted more promptly and diligently for recruitment of as many as for 80% vacancies existing in the Jails rather than taking the issue as a routine issue.
5. In the given facts and circumstances, we deem it appropriate to direct the respondents-State to take effective steps ensuring strict compliance of the orders passed on 07.10.2025, failing which the Court may be constrained to make some adverse observations or pass strictures against the working of the respondents.
6. List on 06.01.2026 when fresh status report shall be filed by the State and the JSSC.
(Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) December 12, 2025 Manoj/Pramanik/Cp.1