Jharkhand High Court
Dinesh Kumar Sharma vs The State Of Jharkhand on 29 February, 2024
Author: Deepak Roshan
Bench: Deepak Roshan
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4872 of 2018
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Dinesh Kumar Sharma ..... Petitioner
Versus
1.The State of Jharkhand.
2.The Secretary (Home Department) Govt. of Jharkhand, Project Building Dhurwa, P.O. and P.S. Dhurwa, District- Ranchi.
3.Principal Secretary, Department of Home, Government of Jharkhand, Project Building Dhurwa, P.O. and P.S. Dhurwa, District-Ranchi.
4.Director General of Police and Inspector General Police, Govt. of Jharkhand, Project Building Dhurwa, P.O. and P.S. Dhurwa, District-Ranchi.
5.The D.I.G., Palamau at Daltonganj, P.O. & P.S. Daltonganj, District-Palamau.
6.Superintendent of Police, Palamau at Daltonganj, P.O. & P.S. Daltonganj, District-Palamau. ..... Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner : Mr. Dharmendra Kr. Malityar, Adv For the Respondents : Mr. Divyam, A.C. to S.C.-IV
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06/Dated: 29th February, 2024 Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner for quashing the order passed by respondent no.3 dated 25.09.2013 (Annexure-8); whereby respondent no.3 has rejected the mercy appeal on the ground of delay without considering the fact of the case.
3. Learned counsel for the petitioner submits that the petitioner has earlier moved before this Court in C.W.J.C. No. 2532 of 1994 (R) against the order passed by the disciplinary authority dismissing him from service and against the appellate order whereby the order passed by the disciplinary authority was upheld and finally the case was allowed in favour of the petitioner and the case was remitted back to the concerned authority. He further submits that after taking abundant precaution he filed a fresh appeal and the same was dismissed vide order dated 25.09.2013 (Annexure-8), as such the instant application may be disposed of by directing the appellate authority to reconsider the appeal of the petitioner and disposed the same on merit.
4. Learned counsel for the respondent submits that no 2 error has been committed by the appellate authority, inasmuch as, as per Rule 852 of Bihar Police Manual 6 months' time is stipulated for filing an appeal and the appeal was filed after 3 years 9 months on 21.06.2011 against the order of appeal.
Learned counsel further submits that since enough time has lapsed, as such it is very difficult to locate the copy of the appeal which was remanded to the appellate authority, as such the petitioner may be directed to file a copy of the original appeal which was filed earlier.
5. Having heard learned counsel for the parties and after going through the order passed in CWJC No. 2532/1994 (R), it appears that this court vide its order dated 27.01.1995 in CWJC No. 2532/1994(R) has allowed the writ application holding as under:-" In the result, the application is allowed, the appellate order is set aside and the matter is remanded to the appellate authority to consider the same afresh within a period of three months."
6. From bare perusal of the order passed by this Court in the previous writ application it is crystal clear that there was no direction for filing any fresh appeal rather the matter was remanded and the appellate authority was directed to reconsider the appeal on merit. However, after going through the impugned order, it appears that afresh appeal was filed and that was after a delay of 3 years 9 months and only on that ground, the appeal was dismissed, as such in the peculiar facts and circumstances of the case enough time has lapsed, as such the petitioner is directed to file copy of the appeal which was filed by him at the first stage against which he filed the earlier writ application within a period of eight weeks from today. If the copy of the appeal is filed within the aforesaid stipulated period the appellate authority shall decide the appeal on merits and pass an appropriate order.
7. With the aforesaid observations and direction the instant writ application stands disposed of.
(Deepak Roshan, J.) Amardeep/