Jharkhand High Court
Ramdas Manjhi @ Ramdas Tudu Son Of ... vs The State Of Jharkhand Through ... on 20 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4023 of 2022
----
Ramdas Manjhi @ Ramdas Tudu son of Late Labin Manjhi @ Labin @
Nabin Tudu, resident of Village Hathinada, PO Suksari, PS Chandil, District
Seraikella-Kharsawan.
... Petitioner
-versus-
1. The State of Jharkhand through Chief Secretary, Government of
Jharkhand, Project Building, Dhurwa, Ranchi.
2. The Chief Secretary, Department of Water Resources Development,
Government of Jharkhand, Nepal House, Doranda, Ranchi.
3. The Chief Engineer, Subernrekha Multi-Purpose Project, Subernrekha
Bhawan, Adityapur, Jamshedpur, Distt. Seraikella-Kharsawan.
4. The Chief Engineer, Icha-Galudih Complex, Adityapur, Jamshedpur,
Distt. Seraikella-Kharsawan.
5. The Superintending Engineer, Kharkai Canal Circle, Adityapur,
Jamshedpur, Distt. Seraikella-Kharsawan.
6. The Executive Engineer, Subarnrekha Canal Division, Chandil, Distt.
Seraikella-Kharsawan.
7. The Under Divisional Officer, Subarnarekha Canal Lower Division No.4,
Chandil, Distt. Seraikella-Kharsawan.
... Respondents
----
CORAM : HON'BLE MR. JUSTICE ANANDA SEN
----
For the Petitioner : Mr. Bhola Nath Rajak, Advocate
For the Respondents : Ms. Archana Kumari, AC to AAG V
----
4/ 20.09.2022 Heard learned counsel for the petitioner and learned counsel for
the respondents.
2. Petitioner was accused in Sessions Trial No.104 of 2007 along
with one Ghanshyam Tudu for committing offence punishable under Sections
302 and 328 of the Indian Penal Code. Being aggrieved by the judgment of
conviction, this petitioner preferred Criminal Appeal (DB) No. 890 of 2010
whereas the other co-convict Ghanshyam Tudu preferred Criminal Appeal
(DB) No.1424 of 2016. Both these appeals were taken up by a Division Bench
of this Court and vide final judgment dated 10th December, 2019, the appeal
preferred by the petitioner being Criminal Appeal (DB) No.890 of 2010 was
allowed and the petitioner stood acquitted.
3. Counsel for the petitioner submits that the petitioner was working
as a Peon in the Office of the Chief Engineer, Subarnarekha Multi-Purpose
Project, Chandil Complex. As he was involved in criminal case and was
convicted, he was dismissed from service. After his acquittal, petitioner gave
his joining before his superior authorities, but, it is the grievance of the
petitioner that no decision has been taken on the joining of the petitioner nor
he has been allowed to join his duties.
4. Considering the submissions of the petitioner, I direct the
petitioner to approach the Chief Engineer, Subernarekha Multi-Purpose
Project, Seraikella-Kharsawan by filing a representation within six weeks from
today. He will annex copy of the judgment of acquittal passed by the Division
Bench of this Court in Criminal Appeal and other documents, which he wants
to rely upon. Upon receipt of such representation, respondent No.3 will take
appropriate decision on the grievance of the petitioner, will pass a reasoned
order in accordance with law and will communicate the same to the petitioner
within six weeks thereafter.
5. With the aforesaid observations and directions, this writ petition
stands disposed of.
(Ananda Sen, J.)
Kumar/Cp-02
