The State Of Jharkhand & Ors vs Rahul Kumar & Anr
2025 Latest Caselaw 4460 Jhar

Jharkhand High Court

The State Of Jharkhand & Ors vs Rahul Kumar & Anr on 26 August, 2025

Author: Deepak Roshan

Bench: Deepak Roshan

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         C.M.P No. 647 of 2025
The State of Jharkhand & Ors.                       ... ... Petitioner(s)
                                Versus
Rahul Kumar & Anr.                                 ... ... Respondent(s)

CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Petitioner(s)      : Mr. Ratnesh Kumar, Advocate
                                 --------

Order No. 02/Dated: 26th August 2025 The instant Civil Miscellaneous Petition has been preferred by the petitioner for extending the time period for conclusion of departmental proceeding in order to comply the order dated 12.08.2024 passed in W.P.(S) No. 1479 of 2024 whereby this Court has specifically directed that that the respondents (petitioner herein) shall conclude the entire enquiry proceeding as early as possible and not more than 16 weeks from the date of receipt/production of copy of this order. The petitioner in the writ petition was also directed to cooperate in the proceeding.

2. Learned counsel for the petitioner in the instant case draws attention of this Court towards the recent judgment passed by the Hon'ble Apex Court wherein the Hon'ble Apex Court has held that if during course of remand the order is not complied then it will become infructuous. Learned counsel further submits that in spite of best effort the departmental proceeding could not be concluded within the stipulated period as directed by this Court pursuant to the order dated 12.08.2024 as such he prays for further extension of 16 weeks' time in order to complete the enquiry proceeding against the delinquent.

Mr. Ratnesh Kumar, learned counsel for the petitioner relying on paragraph nos. 10 to 14 of the instant Civil Miscellaneous Petition submits that extension of time is necessary as such in view of the judgment passed by the Hon'ble Apex Court 16 weeks' time may be extended or atleast 8 weeks' time may be granted so that entire proceeding against the

delinquent shall be completed.

3. Looking to the peculiar facts and circumstances of the case issue notice to the respondent nos. 1 and 2.

4. Since the respondent nos. 1 and 2 are both officials under the State of Jharkhand as such the contention of the learned counsel for the petitioner is accepted for serving the notice through Dasti service for which requisites etc. shall be filed by 28.08.2025 before the registry and after the getting the documents the learned counsel for the petitioner shall serve the notice personally to both the respondents.

5. List this case on 11.09.2025.

(Deepak Roshan, J.)

Amit