(Ranjeet Kumar Sharma vs . State Of Jharkhand & Ors.)
2021 Latest Caselaw 4489 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              W.P. (S) No. 4271 of 2017
              (Ranjeet Kumar Sharma Vs. State of Jharkhand & Ors.)
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK

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      For the Petitioner :    Mr. Bhanu Kumar, Advocate
      For the State      :    Mr. Rahul Saboo, SC
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10/ 30.11.2021 Heard the parties.

It is the specific case of the petitioner that as the petitioner has been honorably acquitted in the criminal case, he deserves to be reinstated in services. Assailing the impugned order, learned counsel for the petitioner submits that respondents have not passed a reasoned order and the order dated 04.05.2016 (Annexure-7) is cryptic, capricious and non est in the eyes of law and the same is fit to be quashed and set aside.

On the other hand, Mr. Rahul Saboo, learned counsel appearing for the respondent-State vehemently opposes the contention of learned counsel for the petitioner and submits that the petitioner, who is a contractual employee, has no right to continue on his post, as he has been terminated on the ground that petitioner has been arrested in a criminal case. Though the petitioner has later on been acquitted but as a matter of right, he cannot claim reinstatement in service. To buttress his arguments, learned counsel for the respondent-State places heavy reliance on the judgment reported in (2008) 8 SCC 92 para-17 and the judgment dated 27.11.2018 passed by the division bench of this Court in case of Bijay Kumar Pandey Vs. Ranchi University & Ors. (L.P.A. No. 574 of 2016).

However, Mr. Bhanu Kumar seeks some time to go through the judgments cited by learned counsel for the respondent-State and to advance his arguments.

As prayed, list this case in the 2nd week of February, 2022. Learned counsel for the petitioner is directed to implead Jharkhand Education Project Council as party respondent No. 6.

Mr. Krishna Murari, learned counsel accepts notice on behalf of respondent No. 6.

Let the name of Mr. Krishna Murari be reflected in the cause- list as learned counsel appearing for the newly added respondent No. 6.

The petitioner is directed to serve two copies of the writ petition to Mr. Krishna Murari, learned counsel appearing for respondent No. 6.

The newly added respondent No. 6 is directed to file counter- affidavit before the next date of hearing.

(Dr. S.N. Pathak, J.) kunal/-