Jharkhand High Court
Seventh Day Adventist Senior Secondary ... vs The State Of Jharkhand & Ors on 13 June, 2022
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 1604 of 2008
Seventh Day Adventist Senior Secondary School, Khunti.... .. ... Petitioner(s)
Versus
The State of Jharkhand & Ors. .. ... ... respondent(s)
With
W.P.(C) No. 1620 of 2008
Seventh Day Adventist Senior Secondary School, Khunti.... .. ... Petitioner(s)
Versus
The State of Jharkhand & Ors. .. ... ... respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........
For the Petitioner(s) : Mr. Sameer Saurav, Advocate [In both the cases] For the respondent(s)/State : Mr. Sreenu Garapati, S.C.-III [W.P.(C) No.1604/2008] Mr. P.C. Roy, SC (L&C)-I [W.P.(C) No.1620/2008] ......
14/ 13.06.2022.
From perusal of Annexure-4 in W.P.(C) No.1604 of 2008, it appears that the Deputy Commissioner, Ranchi in S.A.R. Appeal No.154/2001-02 has granted interim stay till 15.06.2002 and from perusal of Annexure-6 in W.P.(C) No.1620 of 2008, it appears that the Deputy Commissioner, Ranchi has granted interim stay in S.A.R. Appeal No.155 of 2001-02 till 15.06.2002, even then the appeal is pending and appeal is missing from the office of the Deputy Commissioner, Ranchi.
It appears that stay order has been passed by the Deputy Commissioner, Ranchi on 01.06.2002 in respective appeals.
Learned counsel for the private-respondents, Mr. Parwez Ahmad Khan in both cases has submitted that both the appeals preferred against S.A.R. Case No.52/2001-02 and S.A.R. Case No.53/2001-02 have been dismissed by the appellate court.
Learned counsel for the petitioner, Mr. Sameer Saurabh in both cases has submitted that without listing the case or without hearing, it has been uploaded on, the register that the appeal has been dismissed.
Let the State should file the certified copy of the order passed in appeal so as to ascertain whether the order has been passed in appeal or not?
Learned counsel for the petitioner has further submitted that in supplementary counter-affidavit of the Divisional Commissioner, Ranchi dated 10.06.2022, letter of Additional Collector dated 28.05.2022 written to the Deputy Commissioner, Ranchi has been annexed, which is as follows:-
"(d) vHkhys[k iath esads S.A.R. Appeal No.-154/2001-02 ,oa S.A.R. Appeal No.-
155/2001-02 dk banzkt gS] fdUrq okn ds fu"iknu dh dksbZ lwpuk ntZ ugha gSA -2- ([k) j{kh lafpdk esa mDr vfHkys[k dk dksbZ ftØ ugha ik;k x;k gSA
(x) mik;qDr U;k;ky; ls laacaf/kr fu"ikfnr oknksas dk ewy vfHkys[k ftyk vfHkys[kkxkj esa tek fd;k tkrk gS] fdUrq S.A.R. Appeal No.-154/2001-02 ,oa S.A.R. Appeal No.- 155/2001-02 ds ewy vfHkys[kksa dks vfHkys[kkxkj esa tek fd;s tkus gsrq dksbZ lwpuk vfHkys[k iath ,oa j{kh lafpdk esa ntZ ugha ik;k x;kA (?k) vfHkys[k gLrkukarj.k iath esa mDr okn dk dksbZ mYys[k ugha gSA (M-) dsl Mk;jh esa okn dk mYys[k 05-09-2002 rd gSA"
Thus, of the records are not available, then how the registers are maintainable for the year, 2004 as the appeals have been dismissed.
Under the aforesaid circumstances, the Deputy Commissioner, Ranchi is directed to file affidavit in-person about the S.A.R. Appeal No.-154/2001-02 and S.A.R. Appeal No.-155/2001-02 with regard to its record, date of disposal and bring photocopy of the same on record so that this Court may pass necessary order.
However, if the records are not available, then what action has been taken by the respondent(s) against the erring officer(s) for destruction of official documents.
Put up these cases on 20.06.2022.
(Kailash Prasad Deo, J.) R.S.