Jharkhand High Court
Dipak Kumar Sahay & Ors vs Union Of India & Ors on 2 December, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1806 of 2018
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Dipak Kumar Sahay & Ors. ......Petitioners Versus Union of India & Ors. .....Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioners : Mr. Rajendra Krishna, Advocate For the Respondents : Mr. Prashant Kr. Singh, Dy. S.G.I. Mr. R.K. Gupta, C.G.C. Mr. Karbir, Advocate Dr. Mithilesh Kumar Pandey, C.G.C. Mr. Manoj Kumar, G.A.-III Mr. Ashwini Bhushan, A.C. to Sr.S.C.-II M/s. Sumeet Gadodia, Sanya Kumari, Anish Lal, Advocates
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21/Dated:-02.12.2025
1. Order dated 11.11.2025, which has also mentioned the orders dated 06.03.2025 & 23.04.2025, is extracted hereinbelow:
"Order dated 06.03.2025 reads as under:
"1. As per the argument of the learned counsel for the State, this Court gets an impression that the State has already decided to purchase 51% share of the ITDC in Ashoka Hotel, Ranchi and also the share of Bihar Government.
2. When a decision has been taken by the State Government to purchase the share of ITDC and the State of Bihar in respect of Ashoka Hotel, Ranchi, they should also take a decision about the employees who are working there.
3. Three weeks' time is granted to them to take a decision and inform this Court in this matter as to what they intend to do with the employees once the acquisition is completed."
2. Pursuant thereto; the State of Jharkhand has filed a counter affidavit on 23.04.2025 wherein at paragraph nos. 21 and 22 it has been stated as under:
"21. That it is stated that only after the transfer of share by the ITDC, the Government of Jharkhand will have 51% equity in RABHCL and hence will be in a position to take any suitable decision regarding the employment/absorption of the employee of the RABHCL."
22. That it is stated that direction may be given to the ITDC for early transfer of its share in RABHCL to the State Government (so that Government of Jharkhand as majority stakeholder in RABHCL can take any suitable decision on the employment/absorption of the employee of RABHCL) as even after payment of requisite amount four years back the share has not been transferred by the ITDC."
3. From the aforesaid orders it is crystal clear that the State of Jharkhand has already decided to purchase the share of ITDC and of the State of Bihar and also paid requisite amount four years back but the share has not been transferred by the ITDC; an affidavit has already been filed by the State of Jharkhand to the aforesaid effect 1 which has been quoted hereinabove.
4. In order to come to a conclusion and decide the lis in the instant case; any competent Senior officer of the ITDC and also of the State of Jharkhand, shall appear in person through V.C on the next date of hearing in order to assist this Court about the development because ultimately the employees are suffering.
5. List this case on 02.12.2025 at 02:30 PM. Let this order be communicated to Ld. Counsel for the respective parties for onward transmission to the concerned officers."
2. Pursuant to the aforesaid order, today, Mr. Avinash Gajrani, G.M., ITDC, the Director, Tourism, Government of Jharkhand and Sri Nand Kishore, M.D., BSTDC are present before this Court through V.C.
3. Mr. Avinash, in categorical words, has submitted that there were some reason for the delay, however, the matter has been sorted-out by the State of Jharkhand and now, it will take four to six weeks to hand-over the share of ITDC to the State of Jharkhand.
4. It goes without saying that the State of Bihar/BSTDC has already agreed to transfer its share in favour of Government of Jharkhand. The Director, Tourism, Government of Jharkhand has stated that some letter is pending before the Secretary of the Department and the matter will be sorted out soon.
5. Having regard to the aforesaid submission, it appears that now, all the parties have principally agreed with regard to allocation of share as well as the rights and liabilities; therefore, let this case be listed on 28.01.2026 in order to file up-to-date affidavit by the respective parties with regard to the transfer of shares by ITDC to the State of Jharkhand etc.
6. Personal appearance of the concerned officials is dispensed with for the time being.
(Deepak Roshan, J.) December 2, 2025 vikas/-
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