[Cites 4, Cited by 0]
Jharkhand High Court
Neutral Citation ... vs The State Of Jharkhand on 4 December, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
Neutral Citation No.2025:JHHC:36289-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 676 of 2025
1. Sangita Murmu, D/O Late Biram Murmu, Aged About 31 Years,
R/O Ramakanali, P.O. Ukma, P.S Purbi Tundi Dhanbad Jharkhand.
2. Lalita Soren, D/O Kalo Soren, Aged About 38 Years, R/O
Madanhir, Barbedia, P.O. & P.S. Nirsa, Dhanbad Jharkhand.
3. Nisha Tudu, D/O Shivlal Tudu. Aged About 29 years. R/O
Notondih, Raghunathpur, P.O. Raghunathpur, P.S. Purvi Tundi,
Dhanbad Jharkhand.
4. Savitri Kumari, D/O Lakhi Ram Murmu, Aged About 36 Years, R/O
Chepkia, P.O. Chepkia, P.S Purbi Tundi, Dhanbad Jharkhand.
5. Sonu Kumari, D/O Paltu Mahato, Aged About 32 Years, R/O
Village Pradhankhanta, P.O. Pradhan Khanta, P.S Baliapur,
Dhanbad Jharkhand.
6. Rekha Gorai, W/O Ganesh Gorai, Aged About 30 Years, R/O
Udaipur, Poddardihi, P.O. Poddardihi, P.S. Nirsha Dhanbad
Jharkhand.
7. Anita Kumari, D/O. Hiralal Mahato, Aged About 31 years, R/O
Village Baliapur, P.O. & P.S. Baliapur, Dhanbad Jharkhand.
8. Alpana Kumari Mahato, D/O Binod Bihari Mahato, Aged About 33
years, R/O Village Shitalpur, P.O. Gharbar, P.S. Baliapur, Dhanbad
Jharkhand.
9. Sulekha Kumari Mahato, D/O Sudhir Mahato, Aged About 30 years,
R/O Village Baghmara, P.O. Baghmara, P.S. Baliapur, Dhanbad
Jharkhand
10.Ashtami Modi, W/O Sushanto Modi, Aged About 34 years, R/O
Dombhui, Madandi, Nirsa Chatti, Nirsa cum Chirkunda, P.O. Nirsa
Chatti, P.S. Nirsa, Dhanbad Jharkhand.
11.Nunita Hembram, D/O Juna Hembram, Age About 28 Years R/O
Village - Nawadiha, P.O Maira Nawatand, P.S Purbi Tundi,
Dhanbad Jharkhand
12.Mohoki Hembram, D/O Juna Hembram, Aged About 28 years, R/O
Village - Nawdiha, P.O. Mayranawatand, P.S. Purvi Tundi,
Dhanbad Jharkhand.
13.Babita Kumari, D/O Bharat Mahto, Aged About- 31 Years, R/O
Jitpur, P.O. Gomoh, P.S Hariharpur Dhanbad, Jharkhand.
Page 1 of 30
Neutral Citation No.2025:JHHC:36289-DB
14.Rita Kumari Rajak, W/O Dinesh Prasad Rajak, Aged About 33
years, R/O Rampur, P.O. Maharajganj, P.S. Purvi Tundi, Dhanbad,
Jharkhand.
15.Savitri Kumari, D/O Baldev Prasad Mahto, Aged About 31 Years,
R/O0 Gendnawadih, Tantri, P.O- Tantri, P.S. Topchanchi, Dhanbad,
Jharkhand.
16.Anita Devi, W/O Naresh Kumar Mahato, Aged About 29 Years.
R/O House No. 52 Bandarchua, P.O. & P.S. Baliapur, Dhanbad
Jharkhand
17.Purnima Kumari, D/O Ramu' Mahato, Aged About 30 years, R/O
Near Sarkari School Jagdish, Baliapur, P.O. Pradhan Khanta, P.S
Baliapur, Dhanbad Jharkhand.
18.Babita Kumari, D/O Naryan. Chandra Mahato, Aged About 32
Years, R/O Village Pradhankhanta, P.O. Pradhan Khanta, P.S
Baliapur, Dhanbad Jharkhand.
19.Nisha Kumari, D/O Bijay Kumar Mahato, Aged About 30 Years,
R/O Village Pradhankhanta, P.O. & P.S Baliapur, Dhanbad
Jharkhand.
20.Pratima Bhandari, D/O Pravhash Bhandari, Aged About 29 Years,
R/O Mahubani, P.O. Ambona, P.S. Govindpur Dhanbad Jharkhand.
21.Manju Kumari, D/O Hare Ram Mahato, Aged About 29 years, R/O
Mukunda, Huktanduch, Pargha, P.O. Pargha, P.S. Baliapur,
Dhanbad Jharkhand.
22.Sima Kumari, D/O Amrit Singh, Aged About 32 Years, R/O Kharni,
Dhangi, P.O. & P.S. Topchanchi Dhanbad, Jharkhand.
23.Arti Kumari, D/O Latan Mahto, Aged About 30 years, R/O
Paharpur, Dumdumi, P.O. Dumdumi, P.S Topchanchi, Dhanbad
Jharkhand.
24.Kavita Kumari, W/O Bhekhlal Mahto, Aged About 28 Years, R/O
Paharpur, Dumdumi, TopchanchiDumdumi Alias Narkopi, P.O.
Dumdumi, P.S Topchanchi, Dhanbad Jharkhand.
25.Pinky Kumari, D/O Prabhakar Mahto, Aged About 28 years, R/O
Rangritand, Dumdumi Alias Narkopi, P.O. Dumdumi, P.S
Topchanchi, Dhanbad Jharkhand.
26.Chamelee Kumari, D/O Munshi Soren, Aged About 29 Years, R/O
Karmatand, P.O. & P.S. Tundi, Dhanbad Jharkhand.
Page 2 of 30
Neutral Citation No.2025:JHHC:36289-DB
27.Sarswati Kumari, D/O Banu Rajwar, Aged About 29 Years, R/O
Khario Dhanbad, P.O. Khario, P.S Topchanchi Dhanbad Jharkhand.
28.Savitri Devi, W/O Lalan Kumar Mahto, Aged About 37 Years, R/O
Village Chirundih, P.O. Tantri, P.S. Topchanchi, Dhanbad
Jharkhand.
29.Namita Hansda, D/O Sudhir Hansda, Aged About 30 Years, R/O
Dumuria, P.O. & P.S. Dumuria, Dhanbad Jharkhand.
30.Kranti Kumari @ Kanti Kumari, D/O Bandu Turi, Aged About 28
Years, R/O Kamta, Madaidih, P.O. Madaidih. P.S. Topchanchi,
Dhanbad, Jharkhand.
31.Laxmi Kumari, D/O Lalit Goswami, Aged About 29 Years, R/O
Gunghasa, P.O. Gunghasa, P.S. Hariharpur, Dhanbad Jharkhand.
32.Nomita Kumari, D/O Mansu Mahato, Aged About 30 Years, R/O
Village Tilabani, P.O. Bhitia, P.S. Govndpur, Dhanbad Jharkhand.
33.Namita Kumari, D/O Nepal Mahato, Aged About 35 Years,
Chatabad Modidih, Sindri, P.O. & P.S. Sindri, Dhanbad Jharkhand.
34.Bihari Hembram, D/O Bhim Hembram, Aged About 29 Years, R/O
Sugna, Bario, P.O. Sarkardih, P.S. Govndpur, Dhanbad Jharkhand.
35.Asha Kumari, D/O Somar Mahto, Aged About 29 Years, R/O
Ramakunda, P.O Ramakunda, P.S Topchanchi, Dhanbad Jharkhand.
36.Rekha Kumari, D/O Rooplal Besra, Aged About 33 Years, R/O
Sohanad, P.O. Ukma, P.S Purbi Tundi Dhanbad Jharkhand.
37.Sunita Kumari @ Sunita Kumari Marandi, D/O Hemsar Marandi,
Age About 28 Years, R/o Kurkutand Mayranawatannr, P.O Maira
Nawatand, P.S Purbi Tundi, Dhanbad Jharkhand.
38.Switee Kumari, D/O Hemlal Murmu, Age About 35 Years, R/O
Village Ukma, P.O. Ukma, P.S Purbi Tundi Dhanbad Jharkhand.
39.Rita Kumari, D/O Biju Prasad Mahto, Aged About 31 Years, R/O
Gendnawadih, Tantri, P.O. Tantri P.S. Topchanchi, Dhanbad,
Jharkhand.
40.Ambika Soren, D/O Shaheb Ram Soren, Aged About-29 Years, R/O
Manjhidih. Village Dhokhara P.O. Damodarpur, P.S. Baliapur,
Dhanbad Jharkhand
41.Kumari Bhanu Mahato, W/O Amar Mahato, Aged About 31 Years
R/O Tola Bandhdih, Village Dhokhara P.O. Damodarpur, P.S.
Baliapur, Dhanbad Jharkhand.
Page 3 of 30
Neutral Citation No.2025:JHHC:36289-DB
42.Chandmuni Kumari, W/O Devchand Hansda, Aged About 31 Years,
R/O Chakamanpur, Jhinaki, P.O. & P.S. Tundi, Dhanbad Jharkhand.
43.Sunita Kumari, D/O Renghu Mahato, Aged About 28 Years. R/O
Village Dhokhra (Bania Tola), P.O. Damodarpur, P.S. Baliapur,
Damodarpur, Dhanbad-cum-Kenduadih-Cumjagta, Dhanbad
Jharkhand.
44.Sandhyali Hansda, D/O Hemlal Hansda, Aged About 28 Years, R/O
Village Ankberia Dumurya, P.O Dumuria, P.SNirsa, Dhanbad.
45.Sunita Kumari Soren, D/O Harichand Soren, Aged About 29 Years,
R/O Sinduwaritand Ratanpur, P.O. & P.S. Tundi, Dhanbad,
Jharkhand.
46.Mini Baski, D/O Henolal Baski, Aged About 33 Years R/O
Sohanad, P.O. Ukma, P.S Purbi Tundi Dhanbad Jharkhand.
47.Chhamoki Hembram, D/O Manshu Hembram, Aged About 33
years, R/O Village Rupan, P.O. Maharajganj P.S Purbi Tundi
Dhanbad Jharkhand.
48.Sushanti Hashda, D/O Pradeep Murmu, Aged About 36 Years R/O
Bortol, P.O. Garh Raghunathpur P.S Purbi Tundi Dhanbad
Jharkhand.
49.Anita Soren, W/O Hiralal Murmu, Aged About 30 years, R/O
Gabhala, Benagaria, P.O. Benagoria P.S. Nirsha Dhanbad
Jharkhand.
50.Anita Hembram, D/O Saheb Lal Hembram, Aged About 33 Years,
R/O Ramkanali, P.O Debiana, P.S. Nirsha Dhanbad Jharkhand.
51.Devki Kumari, D/O Pran Hembram, Aged About 29 years, R/O
Manjhlítand, Katnia, P.O. Katania Ojhadih, P.S. Tundi, Dhanbad,
Jharkhand.
52.Babita Marandi, D/O Lakhiram Marandi, Aged About 29 Years,
R/O Village Baraigarha, P.O. Debina, P.S. Nirsha Dhanbad
Jharkhand.
53.Kiran Kumari, D/O Shanichar Das, Aged About 34 years, R/O
Sidhabad, P.O. Bhramandiha, P.S. Topchanchi, Naro Dhanbad,
Jharkhand.
54.Saraswati Hembram, D/O Nunulal Hembram, Aged About 29 years,
R/O Sandmara Balka, Badhna, Panchet Dam, P.O. Panchet Dam,
P.S. Pancheat, Dhanbad Jharkhand.
... Petitioners/Appellants
Page 4 of 30
Neutral Citation No.2025:JHHC:36289-DB
Versus
1. The State of Jharkhand.
2. The Secretary, Department of Home, Govt. of Jharkhand, Office at
Project Bhawan, P.O. & P.S. Dhurwa, Dist.- Ranchi.
3. The Director General of Home Guard, Government of Jharkhand,
Office at Police Headquarters, P.O. & P.S. Dhurwa, Dist.- Ranchi.
4. The District Commandant, Home Guard, Dhanbad, P.O. & P.S.
Dhanbad, Dist.- Dhanbad.
5. The Superintendent of Police, Dhanbad, P.O. & P.S.-Dhanbad,
Dist.- Dhanbad.
6. The Deputy Commissioner, Dhanbad, P.O. & P.S. Dhanbad, Dist.-
Dhanbad
... Respondents/Respondents
7. Chinta Kumari, D/O Bhikhan Mahto, Aged About 25 Years R/O
P.O. Bhramandiha, P.S. Topchanchi, Naro Dhanbad Jharkhand.
8. Suruj Muni Kumari, D/O Sanatan Tudu, Aged About 24 Years, R/O
Village Singraidih, P.O. Fatehpur, P.S Purbi Tundi, Dhanbad
Jharkhand.
9. Priti Kumari, D/O Binod Kumar Jaiswal, Aged About 24 Years,
R/O New Colony Putki, Panchayat Siyalgudri, P.O Kusunda, P.S.
Putki, Dhanbad Jharkhand.
10. Punam Kumari, D/O Binod Kumar Jaiswal, Aged About 25 Years,
R/O New Colony Putki, Panchayat Siyalgudri, P.O Kusundá, P.S.
Putki, Dhanbad Jharkhand.
11. Malti Kumari, D/O Mohan Rawani, Aged About 26 Years, R/O
Chirudih Near Kali Mandir, P.O Kusunda, P.S. Putki, Dhanbad
Jharkhand.
12. Madhuri Gorain, D/O Bhudav Gorain, Aged About 24 Years, R/O
Bara Ambona, Chhotambana, P.O. Ambona, P.S. Nirsa, Dhanbad
Jharkhand.
13. Meera Devi, W/O Dhanuk Dhari Mahato, Aged About 33 Years,
R/O Aam Bagan, Govindapur P.O. Sonardih, P.S. Madhuban,
Tetuliya-1. Dhanbad Jharkhand.
14. Maharani Soren, W/O Avinash Soren, Aged About 27 Years, R/O
Gadi Tundi, Ratanpur, P.O. & P.S. Tundi, Dhanbad Jharkhand.
Page 5 of 30
Neutral Citation No.2025:JHHC:36289-DB
15. Basanti. Kumari, D/O Mahabir Mahto, Aged About 27 years, R/O
Aamtand, Ramakunda, P.O Ramakunda, P.S Topchanchi, Dhanbad
Jharkhand.
16. Neelu Nirmala Marandi, W/O Anthoni Tudu, Aged About 28 Years,
R/O Village - Jamdiha, P.O. Maharajganj, P.O. P.S. Tundi,
Dhanbad Jharkhand.
17. Putul Kumari, D/O Santosh Mandal, Aged About 31 Years, R/O
Bejramore, Bejra, P.O. Pokharia, P.S. Purvi Tundi Dhanbad
Jharkhand.
18. Neha Kumari, D/O Shant Kumar Mishra, Aged About 26 years,
R/O Village Fatehpur, P.O. Fatehpur, P.S Purbi Tundi, Dhanbad
Jharkhand.
19. Rashmi Mishra, Shant Kumar Mishra, Aged About 28 years, R/O
Fatehpur, Nirsa cum Chirkunda Dhanbad, P.O. Fatehpur, P.S Purbi
Tundi, Dhanbad Jharkhand.
20. Sabita Bauri, D/O Ashok Bauri, Aged About 23 years, R/o.
Gopinathpur, Kapasara, P.O. Mugma, P.S. Nirsha, Dhanbad
Jharkhand.
21. Rekha Kumari, D/o. Matru Saw, Aged About 24 years, R/O Village
- Kanta (Amtand), P.O. Madaidih, P.S Topchanchi, Dhanbad
Jharkhand.
... Petitioners/Performa Respondents
---------
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
---------
For the Appellants: Mr. Amitesh Kumar Geasen, Advocate
Mr. Anuj Kumar Trivedi, Advocate
For the State: Ms. Rishi Bharati, A.C. to A.A.G.-III
---------
Reserved on: 26.11.2025 Pronounced on: 04/12/2025
Per Tarlok Singh Chauhan, C.J.
1. Aggrieved by the judgment passed by the learned Writ Court, the
writ petitioners/appellants have filed the instant Letters Patent Appeal.
2. The parties shall be referred to as they were before the learned
Writ Court.
Neutral Citation No.2025:JHHC:36289-DB
Case of the petitioners
3. It was pleaded that the respondents had issued Advertisement
No.01/2017 dated 27.12.2017 calling for recruitment of the posts of
Home Guards. The petitioners participated and appeared as successful
candidates in the merit-list published on 26.11.2018 by the respondents,
but no procedure for enrollment of Home Guards was undertaken by
the respondents.
4. It was further pleaded that it was pursuant to the declaration of
the merit-list that the respondents published dates for conducting
verification of documents of successful candidates in the daily
newspaper from 10.12.2018 to 21.12.2018 for both Urban (Technical
and Non-Technical) and Rural Area. Thereafter, verification of
documents was conducted for the successful candidates appearing in
the merit-list and the petitioners being successful candidates, their
names also appeared in the merit-list of Urban Area (Technical).
5. Subsequent to the verification of documents of the petitioners,
police verifications of the petitioners were conducted by respondent
no.5 and thereafter on 14.11.2019 the petitioners had undergone
medical examination. Thereafter, on successful completion of police
and medication examinations, the petitioners had even submitted their
undertakings/bonds as directed by the respondent no.5.
6. On completion of the above-stated formalities, the petitioners
were directed to open a bank account at State Bank of India, Hirapur,
Dhanbad and a pension provident fund account in the names of the
Neutral Citation No.2025:JHHC:36289-DB
petitioners were also opened. Thereafter, a training list was published
on the notice-board of the office of respondent no.5 of the successful
candidates, however, no training camp was held.
7. It was lastly averred that even though the respondents followed
the entire process as envisaged under Section 3 of the Jharkhand Home
Guards Rules read with Rule 5(4)(i) to (iv) of the Bihar Home Guards
Rules, 1953, but failed to enroll the petitioners as Home Guards.
8. The petitioners accordingly made several representations to the
respondents-authorities regarding the delay in their enrollment as Home
Guards and for issuance of certificate of appointment, but the
respondents turned a deaf ear. Thereafter, the petitioners protested and
taking cognizance of such protests, the respondent no.2 vide letter dated
15.10.2020 bearing Memo No.3942 asked the petitioners to stop their
protest and gave assurance to the petitioners that their contentions
would be brought to the notice of respondent no.1 within 15 days.
However, no action thereupon was taken.
9. Being aggrieved by such inaction, the petitioners approached the
Writ Court for grant of following substantial relief:-
"For direction upon the Respondents to complete the
process of selection of the petitioners by enrollment and
issuance of Certificate of Appointment to the petitioners
whose names have appeared in the final merit list published
on 26.11.2018 pursuant to Adv No. 01/2017 dated
27.12.2017 in a time bound manner."
Neutral Citation No.2025:JHHC:36289-DB
Case of the respondents
10. A counter affidavit has been filed on behalf of respondent no.3
wherein it was averred that office of respondent no.3 had sought a
report from the office of District Commandant of Home Guard,
Dhanbad, regarding the opening of bank accounts as alleged,
whereupon, it had been informed that no such instructions/orders have
been issued for opening bank accounts. It is also averred that there is no
provision of provident fund or pension for Home Guard Volunteers. As
regards the issue of non-appointment, it is averred that some allegations
regarding corrupt and irregular practices in enrollment process had been
levelled by several persons and, thereafter, the entire matter was duly
enquired into and since large-scale irregularities were found, therefore,
the enrollment process could not be completed, so the question of
holding training programmes did not arise.
11. It is thereafter clarified that after publication of the merit-list,
various complaints were received regarding the said advertisement,
appointment, selection, new enrollment, which led to filing of several
writ petitions before this Court, wherein allegations regarding some
illegal gratification had also been made for the selection and a video of
the same had gone viral on the social media. After due enquiry, a case
in Dhanbad Police Station being Dhanbad P.S. Case No. 102 of 2020
had been lodged in this regard and the investigation was pending. Also
the videography of entire enrollment process had though been prepared,
but was not made available to the Office by the Enrollment Committee
Neutral Citation No.2025:JHHC:36289-DB
despite several reminders. The same rather was said to be "not
traceable".
12. It has also been averred in the counter affidavit of respondent
no.3 that letter no. 82(Go.) dated 06.10.2020 has been sent to the
Principal Secretary, Department of Home, Prison and Disaster
Management, Government of Jharkhand, for cancellation of the
enrollment and for taking legal action against the corrupt officers and
other persons with a further request to get the matter enquired.
13. It needs to be noticed that even though the Home Secretary,
Department of Home, Prison and Disaster Management, Government of
Jharkhand (respondent no.2) did not file any separate affidavit in the
writ petition against which the instant appeal has been filed, however,
an affidavit to this effect was filed in one of the connected writ petitions
being W.P. (S) No. 1513 of 2021 titled Sagar Kumar Thakur and Others
Vs. The State of Jharkhand and Others, which too has been dismissed
by the learned Writ Court by a common judgment along with the writ
petition against which the instant appeal has been filed.
14. In the said affidavit it was averred by respondent no.3 that
pursuant to the request of the Director General, Home Guard,
Jharkhand, the Deputy Commissioner, Dhanbad vide letter No.1779
dated 01.10.2021 and letter bearing No.1569 dated 28.08.2021
submitted a comprehensive report to the Department. In his report, the
Deputy Commissioner recommended for suitable action to be taken
against the persons involved in the corrupt practices in the selection
Neutral Citation No.2025:JHHC:36289-DB
process of Home Guards for their enrollment in the district of Dhanbad.
The report was under consideration of the Department.
Finding of the learned Writ Court
15. The learned Writ Court after considering the material on records
came to a categorical conclusion that it was difficult for the Court to
segregate the tainted candidates from the untainted candidates and,
therefore, the respondents are well within their right to have cancelled
the selection process which was in tune with the judgment rendered by
the Hon'ble Supreme Court in Sachin Kumar & Ors Vs. Delhi
Subordinate Service Commission Board & Ors, reported in (2021) 4
SCC 631. Furthermore, the learned Writ Court after placing reliance on
the judgment of the Hon'ble Supreme Court in Union Territory of
Chandigarh Vs. Dilbagh Singh reported in (1993) 1 SCC 154 and
another judgment of the Hon'ble Supreme Court in Union of India Vs.
Tarun K. Singh reported in (2003) 11 SCC 768, held that since the
petitioners do not acquire an indefeasible right to be appointed merely
on account of their names figuring in the first merit list, segregating the
selection process in such circumstances, would tantamount to
perpetuating the illegal and unfair malpractices adopted in the selection
process itself.
Argument of the learned counsel for the petitioners/appellants
16. It is vehemently argued by Mr. Amitesh Kumar Geasen, learned
counsel appearing for the petitioners, that the findings recorded by the
learned Writ Court are perverse, as there are sufficient materials
Neutral Citation No.2025:JHHC:36289-DB
available on record to segregate the tainted candidates from the
untainted candidates, more particularly, because the petitioners' names
admittedly appeared in the first merit-list and the allegations regarding
illegal gratification and other irregularities were with respect to the
second merit-list. As a matter of fact, a complaint was made by one
Rajendra Rabidas that one Dharmendra Kumar Singh had accepted
money from the complainant on the pretext of getting his son and other
candidates empanelled as Home Guards, on the basis of which Dhanbad
P.S. Case No. 102 of 2020 was instituted against Dharmendra Singh;
charge-sheet was also filed against him on account of his confessional
statement that he had taken money from two candidates on the pretext
of getting them selected, but this again pertained only to the second
merit-list. In such circumstances, once the names of the petitioners
could have been conveniently segregated as being not tainted for want
of any allegation against first merit-list, they ought to have been offered
appointment.
Submission on behalf of the respondents-State
17. On the other hand, Ms. Rishi Bharati, A.C. to learned A.A.G.-III
appearing on behalf of the respondents-State, has submitted that it was
after publication of the merit-list that various complaints were received
regarding the selection allegedly made through illegal gratification and
a video to that effect was also circulated in the social media. She also
referred to the letter of the Deputy Commissioner and other documents
to contend that when there is a large-scale corruption in the entire
Neutral Citation No.2025:JHHC:36289-DB
selection process, it is difficult to distinguish the candidates who have
not resorted to unfair means and segregation of the merit-list would be
an impossible in the entire process. It has further been contended that a
video of the entire process of selection was made, but the same has not
seen light of the day which creates a suspicion over the entire process
of selection.
Analysis of this Court
18. We have heard the learned counsel for the parties and have gone
through the materials placed on record.
19. At the outset, it needs to be reiterated that for the misdeeds of
some candidates, honest and meritorious candidates should not suffer.
Therefore, endeavour should be made to segregate the tainted
candidates from those who were without any stigma and had been
selected because of their sheer merit and not on account of any illegal
considerations. We are also fully conscious of the fact that
consequences of en masse cancellation would carry a big stigma
particularly on cancellation of the selections which took place because
of serious charges of corruption. The unscrupulous candidates should
not be allowed to damage the entire system in such a manner where
innocent people also suffer great ignominy and stigma.
20. Bearing in mind the aforesaid well-settled legal principles, we
would try to make an endeavour to segregate the tainted from untainted.
In this context, it would be apt to quote the two letters written by the
Neutral Citation No.2025:JHHC:36289-DB
Deputy Commissioner, Dhanbad to the Principal Secretary, Home dated
01.10.2021 and 28.08.2021 respectively which read as under:-
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miyC/k djkus ds laca/k esaA
izlax%& egkfuns'kd&lg&egklekns'Vk] >kj[k.M x`g j{kk okfguh ,oa
vfXu'keu lsok] >kj[k.M] jk¡ph ds dk;kZy; i=kad OTD-01-
74/2016-611(A), fnukad & 19-06-2020
egk'k;]
mi;qZDr fo'k;d izklafxd i= ds vkyksd esa dguk gS fd lekns'Vk]
x`g & j{kk okfguh] eq[;ky;] jk¡ph ds }kjk foKkiu la0 & 01@2017 ds rgr~
/kuckn ftyk esa x`g & j{kdksa ds uo ukekadu izfdz;k esa gqbZ xM+cM+h dks ysdj
'kkjhfjd tk¡p ls lacaf/kr fofM;ksxzkQh dh izfr dh ekax dh xbZ gS] ijUrq
fofM;ksxzkQh dh izfr dk;kZy; esa miyC/k ugha gksus ds dkj.k eq[;ky; dks
miyC/k ugha djk;k tk ldk gSA
;kafdr i= ds vkyksd esa vij ftyk n.Mkf/kdkjh¼fo0O;0½] /kuckn ,oa
ftyk lekns'Vk] x`g j{kk okfguh] /kuckn ds lkFk lEiUu cSBd esa lacaf/kr
lafpdkvksa ,oa vfHkys[kksa dk voyksdu djrs gq, viuk earO; lfgr izfrosnu
miyC/k djkus dk funs'k vij ftyk n.Mkf/kdkjh¼fo0O;0½ dks fn;k x;kA vij
ftyk n.Mkf/kdkjh¼fo0O;0½] /kuckn us i=kad 1569@fo0O;0] fnukad & 28-08-
2021 ls viuk earR; lfgr rF;kRed foLr`r izfrosnu vuqyXud ds lkFk
miyC/k djk;k x;k gSA ¼Nk;k izfr layXu½
vij ftyk n.Mkf/kdkjh ¼fo0O;0½] /kuckn ds izfrosnu ls ;g Li"V gS
fd x`g j{kdksa ds uo ukekadu dh lEiw.kZ izfdz;k dk laykpu ftyk lekns'Vk
dk;kZy;] /kuckn ls dh xbZ gSA ijUrq 'kkjhfjd tk¡p ijh{kk ls lacaf/kr lh0Mh0
,oa gkMZ fMLd muds dk;kZy; esa lajf{kr ugha gSA
Neutral Citation No.2025:JHHC:36289-DB
bl laca/k esa mYys[kuh; gS fd uo ukekadu izfdz;k esa QthZokM+k ,oa
voS/k olwyh ls lacfa /kr egkfuns'kd&lg&egklekns'Vk] dk;kZy; ds i= Kkikad
32@xks0] fnukad & 27-02-2020 ds vkyksd esa tk¡p ojh; iqfyl v/kh{kd]
/kuckn ds }kjk iqfyl mik/kh{kd ¼xzkeh.k½] /kuckn ls djkbZ x;h] tk¡p
izfrosnu ds voyksdu ls rr~dkyhu lekns'Vk Jh vkns'k izlkn esgrk] x`g j{kk
okfguh] /kuckn] dEiuh dekaMj Jh xkSjo dqekj] x`g j{kk okfguh] /kuckn rFkk
dEiuh dekaMj Jh d`'.k eqjkjh ik.Ms;] x`g j{kk okfguh] /kuckn dh lafyIr~rk
izfrr gksrh gSA
iz/kku lfpo] ;kstuk&lg& foÙk foHkkx] >kj[k.M] jk¡ph ls fuxZr
ladYi Kkikad 359¼;ks0½] jk¡ph] fnukad & 23-02-2016 ds dafMdk 3-3 & jkT;
lsok ds {ksf=; inkf/kdkfj;ksa ij ljdkjh dk;Z ds fu'iknu ls lacaf/kr
iz'kklfud ekeyksa esa izkFkfedh ntZ djus ls iwoZ muds iz'kklh foHkkx dh
vuqefr vko';d gksxhA
vr% layXu tk¡p izfrosnu ds vk/kkj ij rr~dkyhu ftyk lekns'Vk]
/kuckn Jh vkns'k izlkn esgrk] dEiuh dekaMj Jh xkSjo dqekj] x`g j{kk
okfguh] /kuckn rFkk dEiuh dekaMj Jh d`".k eqjkjh ik.Ms;] x`g j{kk okfguh]
/kuckn ds fo:) foHkkxh; dk;Zokgh ,oa FIR ntZ djus dh vuq'kalk fd tkrh
gS] vuqjks/k gS fd mDr ekeys fd fof/ko~r tk¡p o vuqla/kku gsrq mDr rhuksa
inkf/kdkjh ds fo:) FIR ntZ djus dh vuqefr iznku djus dh d`ik djsaA
iqu% mDr rhuksa inkf/kdkfj;ksa ij fu;a=h foHkkx }kjk foHkkxh; dkjZokbZ
izkjaHk fd;s tkus dh vuq"kalk ij vko';d dkjZokbZ djus dh d`ik djsaA
fo'oklHkktu
Sd/-
lanhi flag] ¼Hkk0iz0ls0½
mik;qDr&lg&ftyk n.Mkf/kdkjh]
/kucknA"
--- --- --- --- --- --- --- --- ---
">kj[k.M ljdkj
Email Id- [email protected]. Ph-9971801415
i=kad%& 1569 @fo0O;0
izs'kd]
MkW0 dqekj rkjkpan] ¼Hkk0iz0ls0½]
vij ftyk n.Mkf/kdkjh ¼fo0O;0½]
/kucknA
lsok esa]
mik;qDr]
/kuckn
/kuckn] fnukad 28@08@21
Neutral Citation No.2025:JHHC:36289-DB
fo'k;%& x`g j{kdksa ds uo ukekadu ls lacaf/kr "kkjhfjd tk¡p ijh{kk ds
fofM;ksxzkQh dh lh-Mh- dh vumiyC/krk dks ysdj mik;qDr /kuckn
dh v/;{krk esa fnukad & 16-08-2021 dks vkgqr cSBd esa fn, x,
funs'k ls lacaf/kr rF;kRed izfrosnu ds laca/k esaA
egk'k;]
mi;qZDr fo'k; ds laca/k esa dguk gS fd foKkiu la0 01@2017 ds
rgr~ Lo;a lsod x`g j{kdksa dh dksfV esa miyC/k fjfDr;ksa dks Hkjus ds fy, uo
ukekadu dh izfdz;k gsrq eq[;ky; jk¡ph ds vkns'k Kkikad & vks0Vh0Mh0
uo0ukek0 02@2017@2100] fnukad & 12-12-2017 ds vkyksd esa xzkeh.k x`g
j{kdksa dh 405 fjfDr;ka ,oa "kgjh x`g j{kdksa dh 663 fjfDr;ksa ds fy, uo
ukekadu dh izfdz;k ljdkj dh vf/klwpuk la[;k 5442] fnukad & 20-10-2014
>kj[k.M x`g j{kd ¼Lo;a lsod½ fu;ekoyh 2014 ds vuqlkj izkjaHk dh xbZA
bl ukekadu izfdz;k ds iwoZ gksus ds nkSjku dqN vH;fFkZ;ksa@vfoHkkodksa
}kjk ukekadu izfdz;k esa xM+cM+h djus ,oa fu;qfDr ds uke ij voS/k olwyh
djus lacaf/k vkjksi yxk;s x;sA ftlds vkyksd esa
egkfuns'kd&lg&egklekns'Vk] >kj[k.M] jk¡ph ds vkns'k Kkikad 32@xks0]
fnukad & 27-02-20 ls ojh; iqfyl v/kh{kd] /kuckn dks izkIr vkjksiksa dh
fofM;ks fDyi ,oa izsl drju layXu djrs gq, foLr`r tk¡p izfrosnu miyC/k
djkus gsrq funsf'kr fd;k x;kA mDr i= ds vkyksd esa ojh; iqfyl v/kh{kd]
/kuckn ds }kjk fo"k;&oLrq dh tk¡p iqfyl v/kh{kd ¼xzkeh.k½] /kuckn ls
djk;h x;hA iqfyl v/kh{kd ¼xzkeh.k½] /kuckn us vius i=kad 561@xks0]
fnukad & 03-03-20 ls folr`r tk¡p izfrosnu ojh; iqfyl v/kh{kd] /kuckn dks
lkSaik x;k ,oa ojh; iqfyl v/kh{kd] /kuckn us vius i=kad 2277@xks0] fnukad
11-04-20 ds ek/;e ls egkfuns'kd&lg&egklekns'Vk] x`g j{kk okfguh ,oa
vfXu'keu lsok] >kj[k.M] jk¡ph dks Hkstk x;kA ftlesa rRdkyhu ftyk
lekns'Vk] Jh vkns'k izlkn esgrk] dEiuh dekaMj Jh xkSjo dqekj ,oa Jh d`".k
eqjkjh ik.Ms; ds Hkh lafyIr gksus dk mYys[k fd;k x;k gS rFkk orZeku esa dak.M
vuqla/kkukUrxZr gSA lkFk gh izfronsu esa p;u izfdz;k ls lacaf/kr fofM;ksxzkQh
dh lh0Mh0 miyC/k ugha djkus dk Hkh mYys[k fd;k x;k gSA
x`g j{kdksa ds uo ukekadu esa mtkxj dh xbZ xM+cM+h dks ysdj
lekns'Vk dk;kZy; >kj[k.M x`g j{kk okfguh] jk¡ph }kjk x`g j{kdksa ds uo
ukekadu gsrq 'kkjhfjd tk¡p ijh{kk ls lacaf/kr fofM;ksxzkQh dh lh0Mh0 miyC/k
djkus gsrq dbZ Lekj i= iwoZ esa izkIr gksus ds dkj.k Hkonh; dh v/;{krk esa
fnukad & 16-08-2021 dks vkgwr cSBd esa fn;s x;s funsZ'k ds vkyksd esa
v/kksgLrk{kjh }kjk ftyk lekns"Vk] x`g j{kk okfguh] /kuckn ,oa ftyk utkjr
milekgÙkkZ] /kuckn ds lkFk fnukad & 20-08-2021 dks fo"k;kafdr
lafpdkvksa@vfHkys[kksa dh voyksdu ,oa leh{kk gsrq cSBd vkgqr dh x;hA
¼Nk;kizfr layXu½ v/kksgLrk{kjh dk;kZy; esa la/kkfjr lafpdkvksa ,oa lacaf/kr
Neutral Citation No.2025:JHHC:36289-DB
dk;kZy;ks ls izkIr lafpdkvks@vfHkys[kksa dh Nk;kizfr ds voyksduksijkar leh{kk
dh xbZ tks fuEuor gSa %&
Lekns"Vk dk;kZy; jkaph }kjk fo"k;kafdr ekeyksa ls lacaf/kr fofM;ksxzkQh
dh lh-Mh- miyC/k djkus gsrq fn, x, i= ds vkyksd esa bl dk;kZy;
ds i=kad & 1705@fo0O;0] fn0 & 25-08-20 ,oa i=kad &
2389@fo0O;0] fn0 & 07-10-2020 ds }kjk ftyk utkjr mi&lekgrkZ]
/kuckn dks fofM;ksxzkQh dh izfr miyC/k djkus dk funsZ'k fn;k x;k
gSA
blh dze esa ftyk utkjr mi&lek0] /kuckn us vius i=kad&
320@utk0] fn0 & 09-10-2020 ls izfrosnu lefiZr fd;k gS fd x`g
& j{kd p;u izfdz;k ls lacaf/kr dksbZ Hkh vfHkys[k vFkok fofM;ksxzkQh
j[kus dk vkns'k mUgsa izkIr ugha Fkk vkSj uk gh j[kk x;k gSA cfYd
p;u izfdz;k esa mi;ksx gsrq vf/k;kpuk ds vuq:i ys[ku lkexzh ,oa
vU; lkexzh miyC/k djk;k x;k gSA mlh vf/k;kpuk ds vuq:i p;u
izfdz;k gsrq fofM;ksxzkQh dk dk;Z djkus ds fy, Jh vejthr dqekj]
Xykscy lfoZl ,tsalh /kS;k] /kuckn dks lkSaik x;k FkkA
ftyk utkjr mi lekgÙkkZ }kjk izsf"kr i= i=kad & 485] fnukad &
15-09-2020 ds vkyksd esa mDr ,tsalh ds izksijkbVj Jh vejthr
dqekj ds }kjk fnukad & 26-09-2020 dks viuk fyf[kr C;ku lefiZr
dj Li"V fd;k gS fd ls lacaf/kr lEiw.kZ fofM;ksxzkQh
lekns"Vk dk;kZy; esa vf/k"Bkfir dEI;wVj lsV esa lajf{kr djrs gq,
daiuh dekUMj Jh d`".k eqjkjh ik.Ms; dks gLrxr djk
fn;k x;k FkkA ¼fyf[kr C;ku dh Nk;kizfr nz"VO;½
lkFk gh Jh vejthr dqekj }kjk vius fyf[kr C;ku
esa ;g Hkh Lohdkj fd;k x;k gS fd vxj fofM;k Missing gS rks
dEI;qVj lsV dk gkMZfMLd miyC/k djkus ij mlls fofM;ks
Retrieve djk;k tk ldrk gSA
ftyk lekns"Vk dk;kZy; ds i= Kkikad & 652] fnukad & 08-07-2020
ds dze esa dEiuh dek.Mj Jh d`".k eqjkjh ik.Ms; ds }kjk fnukad &
27-07-2020 dks lefiZr vius fyf[kr C;ku esa fofM;ksxzkQh ;k
gkMZfMLd izkIr djk;s tkus dh ckr dks vLohdkj fd;k x;k gS rFkk
;g Hkh mYys[k fd;k gS fd uo & ukekadu izfdz;k dk
lapkyu@ns[k&js[k ds vykos fdlh izdkj dk fofM;ksxzkQh vFkok
vfHkys[k bR;kfn dk j[k&j[kko djus dk izHkkj@vkns'k mUgsa ugha fn;k
x;k FkkA
Neutral Citation No.2025:JHHC:36289-DB
tcfd ftyk lekns"Vk dk;kZy;] /kuckn ls fuxZr vkns'k Kkikad&
578] fn0 & 24-04-18 ds dz0 la0&01 ij ntZ vkns'k ds vuqlkj Jh
d`".k eqjkjh ik.Ms; dks dk;Z izHkkj ds :i esa x`g & j{kdksa ds
uo&ukekadu ls lacaf/kr lHkh fjdkWMZ lafpdkvksa dk la/kkj.k ,oa
j[k&j[kko djus dk vkns'k fuxZr fd;k x;k gSA
bl izdkj rRdkfyu dEiuh dek.Mj Jh d".k eqjkjh ik.Ms; }kjk fnukad &
27-07-2020 dks lefiZr fyf[kr C;ku lR; ls ijs ,oa lafnX/k izrhr gksrk gSA
bl laca/k esa ;g Hkh mYys[kuh; gS fd ftyk lekns"Vk] x`g & j{kk
okfguh /kuckn us vius i=kad&797] fn0&22-07-2019 ds }kjk lekns"Vk
>k0x`0j0ok0] eq[;ky;] jk¡ph dks uo&ukekadu gsrq tkjh dh xbZ
foKkiu la0&01@2017 dh ftyk dk;kZy; Lrj dh lkjh izfdz;k iw.kZ
dj o`Ùk Hkstk x;k gS] rFkk i=kad&964] fn0&11-09-19 ds }kjk
lekns"Vk] >k0x`0j0ok0 eq[;ky;;] jk¡ph dks foKkiu la0&01@2017 ds
vUrxZr 708 ¼lkr lkS vkB½ lQy vH;fFkZ;ksa esa ls tk¡pksijkUr dqy
554 ¼ik¡p lkS pkSou½ p;fur x`g & j{kdksa dh lwph Hkh Hksth xbZ gSA
aKkr gks fd x`g j{kdksa ds uo ukekadu gsrq mDr p;u izfdz;k ¼cgkyh½
dks ysdj i{k@foi{k esa ekuuh; mPp U;k;ky;] >kj[k.M] jk¡ph esa
vyx&vyx O;fDr;ksa }kjk dqy ukS okn nk;j fd;s tkus dh lwpuk
ftyk lekns"Vk] x`g j{kk okfguh /kuckn us vius i=kad 864] fnukad&
16-08-2021 ds ek/;e ls lwfpr fd;k x;k gS] tks orZeku esa ekuuh;
mPp U;k;ky; esa fopkjk/khu gSA
vr% mijksDr rF;ksa ds voyksdu ,oa fo'ys"k.k ds vk/kkj ij fcUnqokj eUrO;
fuEuor~ gS %&
1. aiqfyl v/kh{kd¼xzkeh.k½] /kuckn ds }kjk ojh; iqyhl v/kh{kd] /kuckn dks
lkSais x;s tk¡p izfrosnu ds vkyksd esa rRdkfyu ftyk lekns"Vk] x`g j{kk
okfguh] /kuckn Jh vkns'k izlkn esgrk] dEiuh dekaMj Jh xkSjo dqekj ,oa
dEiuh dek.Mj Jh d`".k eqjkjh ik.Ms; ds fo:) foHkkxh; dkjZokbZ gsrq
muds foHkkx dks lwfpr djrs gq, muds fo:) FIR Hkh ntZ djk;k tk
ldrk gSA
2. fofM;ksxzkQh ,oa gkMZfMLd dh vuqiyC/krk dks ysdj dEI;qVj vkWijsVj]
lekns"Vk dk;kZy;] x`g j{kk okfguh] /kuckn rFkk fofM;ksxzkQh dk;Z djkus
gsrq izkf/kd`r Jh vejthr dqekj] Xykscy ,tsalh] /kS;k /kuckn dh Hkwfedk
lafnX) ik;s tkus ds dkj.k buds fo:) FIR ntZ djkus gsrq lekns"Vk]
x`g j{kk okfguh] /kuckn dks funs'k fn;k tk ldrk gSA
3. mijksDr uo ukekadu izfdz;k esa xM+cM+h dks ns[krs iwjh ukekadu izfdz;k dks
fujLr fd;k tk ldrk gSA
Neutral Citation No.2025:JHHC:36289-DB
4. lkFk gh lkef;d la[;k cy ds vk/kkj ij fjfDr;ksa dh la[;k dk vkdyu
djrs gq, uo ukekadu dh izfdz;k dks iqu% izkjaHk djus ij fopkj fd;k tk
ldrk gSA
vuqyXud %& ;Fkk&mi;qZDrA
fo'oklHkktu
Sd/-
MkW0 dqekj rkjkpan] ¼Hkk0iz0ls0½
vij ftyk n.Mkf/kdkjh ¼fo0 O;0½]
/kucknA"
21. The translated copies of the aforesaid letters are as under:-
Government of Jharkhand
Collectorate (District Law and Order Cell), Dhanbad
Email Id - [email protected], Ph- 9971801415
Letter No. 1779 /Vi. Vya.
From,
Deputy Commissioner,
-cum-
District Magistrate, Dhanbad.
To,
The Principal Secretary,
Department of Home, Prison and Disaster
Management,
Jharkhand, Ranchi.
Dhanbad, Dated 01.10.2021
Subject:-Regarding making available of the C.D. of
videography of physical test related to fresh
enrolment of Home Guards in Dhanbad district
against Advertisement No. 01/2017.
Ref- Letter No. OTD-01-74/2016-611(A), dated
19.06.2020 of the Office of Director General-cum-
Commandant General, Jharkhand Home Guard
Battalion and Fire Service.
Sir,
I am to say regarding above noted subject and
referred letter for making available the copy of
videography related to irregularities committed in
physical test for fresh enrolment procedure of Home
Neutral Citation No.2025:JHHC:36289-DB
Guard in Dhanbad district against Advertisement No.
01/2017 published by the Commandant, Home Guard
Battalion, Headquarters, Ranchi, but copy of videography
could not be made available to the Headquarters as it
was not available in the Office.
In view of the above noted letter and after perusal
of related records and files in meeting held with the
Additional District Magistrate (Vi.Vya.), Dhanbad and the
District Commandant, Home Guard Battalion, Dhanbad,
the Additional District Collector (Vi.Vya.) has been
directed to submit a report along with his findings. The
Additional District Magistrate (Vi.Vya.), Dhanbad has
made available a detailed factual report along with his
findings vide Letter No. 1569/Vi.Vya., dated 28.08.2021
(photocopy enclosed).
It is clear from the report of Additional District
Magistrate (Vi.Vya.), Dhanbad that entire process for
fresh enrolment of Home Guards has been conducted by
the Office of District Commandant, Dhanbad. But C.D.
and Hard Disk related to physical test have not been
preserved in his office.
In this regard, it is pertinent to mention that the
Senior Superintendent of Police, Dhanbad has got
investigated the matter related to malpractice and illegal
gratification in fresh enrolment procedure by the Deputy
Superintendent of Police (Rural), Dhanbad in view of
Letter Memo No. 32/Go. Dated 27.02.2020 of the Director
General-cum-Commandant General. It appears from
perusal of inquiry report that Sri Adesh Prasad Mehta,
then Commandant, Home Guard Battalion, Dhanbad; Sri
Gaurav Kumar, Company Commander, Home Guard
Neutral Citation No.2025:JHHC:36289-DB
Battalion, Dhanbad and Sri Krishna Murari Pandey,
Company Commander, Home Guard Battalion, Dhanbad
were involved in it.
Para-3.3 of Resolution Memo No. 359 (Yo.), Ranchi
dated 23.02.2016 issued by the Principal Secretary,
Department of Planning-cum-Finance, Jharkhand, Ranchi
-- it is necessary to take permission from the
Administrative Department of Regional Officers of the
State Services prior to lodging F.I.R. against them for
performing their official duty.
Therefore, on the basis of enclosed inquiry report, it
is recommended for departmental inquiry and lodging of
F.I.R. against Sri Adesh Kumar Mehta, then
Commandant, Dhanbad; Sri Gaurav Kumar, Company
Commander, Home Guard Battalion, Dhanbad; Sri
Krishna Murari Pandey, Company Commander, Home
Guard Battalion, Dhanbad. Therefore, it is requested to
grant permission for lodging of F.I.R. against aforesaid
three officers for inquiry and investigation as per law.
Again, it is requested to take necessary action after
recommendation by their Controlling Department for
initiating departmental proceeding against aforesaid
three officers.
Yours faithfully
Sandeep Singh (I.A.S.)
Deputy Commissioner-cum-District
Magistrate, Dhanbad
--- --- --- --- --- --- --- --- ---
Government of Jharkhand
Collectorate (District Law and Order Cell), Dhanbad.
Email [email protected], Ph-9971801415
Letter No. - 1569 / Vi.Vya.
Neutral Citation No.2025:JHHC:36289-DB
From,
Dr. Kumar Tarachand (IAS),
Additional District Magistrate (Law & Order),
Dhanbad.
To,
The Deputy Commissioner,
Dhanbad
Dhanbad, Date: - 28/08/21
Subject:- Regarding the factual report related to the
direction given in the meeting held on 16.08.2021
under the Chairmanship of Deputy Commissioner,
Dhanbad regarding the non-availability of the CD
of the videography of the physical test for the fresh
enrolment of Home Guards.
Sir,
I am to say regarding the above subject that in the
light of the Order Memo No. O.T.D. Nav. Nama.
02/2017/2100 dated 12.12.2017 of Headquarters
Ranchi regarding the process of fresh enrolment to fill up
the vacancies available in the category of Volunteer Home
Guards against Advertisement No. 01/2017, the process
of fresh enrolment for 405 vacancies of Rural Home
Guards and 663 vacancies of Urban Home Guards was
initiated as per Government Notification No. 5442, dated
20.10.2014 and Jharkhand Home Guard (Volunteer)
Rules 2014.
During the course of this enrolment process, some
candidates/guardians alleged irregularities in the
enrolment process and illegal gratification in the name of
appointments. In light of this, vide Order Memo No. 32/
Go., dated 27.02.20 of the Director General-cum-
Commandant General, Jharkhand, Ranchi, enclosing the
video clips and the press clippings of the allegations
Neutral Citation No.2025:JHHC:36289-DB
received, the Senior Superintendent of Police, Dhanbad
was directed to submit a detailed inquiry report. In the
light of the aforesaid letter, the Senior Superintendent of
Police, Dhanbad got the matter inquired by the
Superintendent of Police (Rural), Dhanbad. The
Superintendent of Police (Rural), Dhanbad, vide his Letter
No. 561/Go. dated 03.03.20, submitted the detailed
inquiry report to the Senior Superintendent of Police,
Dhanbad. The Senior Superintendent of Police, Dhanbad,
vide his Letter No. 2277/ Go. dated 11.04.20, sent the
aforesaid report to the Director General-cum-
Commandant General, Home Guard Battalion and Fire
Service, Jharkhand, Ranchi. In the aforesaid report, the
involvement of the then District Commandant Sri Aadesh
Prasad Mehta, Company Commander, Sri Gaurav Kumar
and Sri Krishna Murari Pandey has also been mentioned,
and at present the matter is under investigation. It has
also been mentioned in the aforesaid report that the CD
of the videography related to the selection process has
not been made available.
Regarding the irregularities came in light for the
fresh enrolment of Home Guards, several reminder letters
were received from the Office of the Commandant,
Jharkhand Home Guard Battalion, Ranchi for providing
the CD of videography related to the physical test for the
fresh enrolment of Home Guards and in the light of the
direction given in the meeting held on 16.08.2021 under
your chairmanship, a meeting was called by the
undersigned with the District Commandant, Home Guard
Battalion, Dhanbad and the District Nazarat Deputy
Collector, Dhanbad on 20.08.2021 for perusal and review
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of related files/records (photocopy enclosed). After
reviewing the files maintained in the office of the
undersigned and the photocopies of the files/ records
received from the concerned offices, observations made
are as follow:
In light of the letter issued by the office of
Commandant, Ranchi for providing the CD of
videography related to the above subject matter,
the District Nazarat Deputy Collector, Dhanbad has
been directed vide Letter Nos. 1705/Vi. Vya. dated
25.08.2020 and 2389/Vi. Vya. dated 07.10.2020
of this office to submit a copy of the videography.
In this connection, the District Nazarat Deputy
Collector, Dhanbad has submitted a report vide his
Letter No. 320/Naza. dated 09.10.2010 stating
therein that he had not received any order to keep
any record or videography of the selection process
of Home Guards and the same has not been kept.
Rather, stationary and other materials were
provided for use in the selection process as per the
requisition. As per the same requisition, the work of
videography for the selection process was allotted
to Sri Amarjeet Kumar, Global Service agency,
Dhaiya, Dhanbad.
In light of the Letter No. 485 dated 15.09.2010 issued by
the District Nazarat Deputy Collector, Dhanbad, the
proprietor of the said agency Shri Amarjeet Kumar has
submitted a written statement on 26.09.2020 clarifying
therein that the entire videography of the selection
process was preserved in the computer installed in the
Office of the Commandant and the Hard Disk was
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handed over to Sri Krishna Murari Pandey, Company
Commander, but no evidence of the handing over has
been produced/attached (the photocopy of the written
statement may be seen). Further, Sri Amarjeet Kumar
had also admitted in his written statement that if the
video is missing then the video can be retrieved if the
hard disk of the computer set is made available.
In response to Letter No. 652 dated 08.07.2020
issued by the Office of District Commandant, Sri
Krishna Murari Pandey, Company Commander has
denied having received the videography or the hard
disk in his written statement submitted on
27.07.2020 and has also mentioned that besides
conducting/supervising of the fresh enrolment
process, he was not ordered/ handed over the
charge for any videography.
Whereas, as per Sl. No. 1 of the Order Memo No.
578 dated 24.04.18 issued by the Office of the
District Commandant, Dhanbad, Sri Krishna
Murari Pandey has been ordered to maintain all
the record/files related to fresh enrolment of the
Home Guards as per his assignment/work charge.
Thus, the written statement submitted by the then
Company Commander Sri Krishna Murari Pandey on
27.07.2020 appears to be beyond truth and suspicious.
In this regard, it is also pertinent to mention that
the District Commandant, Home Guard Battalion,
Dhanbad, vide his Letter No. 797 dated
22.07.2019, has submitted the minutes to the
Commandant, Jharkhand Home Guard Battalion,
Headquarters, Ranchi after completing the entire
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procedure at district level in connection with
Advertisement No. 01/2017 published for fresh
enrolment, and vide his Letter No. 964 dated
11.09.2019, has also sent a list of 554 (five
hundred fifty-four) selected candidates out of 708
(seven hundred eight) successful candidates
against Advertisement No. 01/2017 after its
verification to the Commandant, Jharkhand Home
Guard Battalion, Headquarters, Ranchi.
It is known that the District Commandant, Home
Guard Battalion, Dhanbad has informed vide his
Letter No. 864 dated 16.08.2021 that different
persons have filed altogether nine cases in
favour/opposition of the said selection process
(recruitment) for fresh enrolment of Home Guards in
the Hon'ble High Court of Jharkhand, Ranchi and
which are pending in hon'ble Court.
Therefore, on the basis of perusal and analysis of the
aforesaid facts, the point wise findings are as follows: -
1. In the light of inquiry report submitted by the
Superintendent of Police (Rural) to the Senior
Superintendent of Police, Dhanbad, an FIR may also
be lodged against Sri Aadesh Prasad Mehta, then
District Commandant, Home Guard Battalion,
Dhanbad, Sri Gaurav Kumar, Company Commander
and Sri Krishna Murari Pandey, Company
Commander after informing their respective
departments for departmental proceedings.
2. Direction may be given to the District Commandant,
Home Guard Battalion, Dhanbad to lodge FIR against
the Computer Operator, Office of the Commandant,
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Home Guard Battalion, Dhanbad for non-availability
of videography and Hard Disk and Shri Amarjeet
Kumar, Global Agency, Dhaiya, Dhanbad authorized
for videography as his role is found to be suspicious.
3. Keeping in view the malpractices committed in the
fresh enrolment process, the entire enrolment process
may be cancelled.
4. Along with this, commencement of fresh enrolment
process may be considered after assessment of the
vacancies on the basis of current work force.
Encl.- As above.
Yours faithfully
Sd/-Illegible
Dr. Kumar Tarachand (IAS)
Additional District Magistrate
(Law & Order)
Dhanbad"
22. In case the contents of the aforesaid letters are perused, it would
go to indicate that when an in-depth factual enquiry has revealed
systemic irregularities, such as, malaise or fraud, that undermine the
integrity of the entire selection process and in such circumstances, no
fault can be found with the action of the respondents where they
decided to cancel the selection in its entirety. It is not possible to
segregate the tainted and untainted candidates. The decision taken by
the respondents to cancel the selection en masse is based on the
satisfaction derived from sufficient material collected through a fair and
thorough investigation and it is settled law that it is not necessary for
the material collected to conclusively prove malpractice beyond a
reasonable doubt. The standard of evidence should be reasonable
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certainty of systemic malaise. The probability test is applicable. Despite
the inconvenience caused to untainted candidates, when broad and deep
manipulation in the selection process is proven, due weightage has to be
given to maintaining the purity of selection process.
23. In coming to such conclusion, we are duly fortified and
supported by recent judgment of the Hon'ble Supreme Court in State of
West Bengal Vs. Baishakhi Bhattacharyya (Chatterjee) and Others
reported in 2025 SCC OnLine SC 719.
24. As regards the position of the candidates like the petitioners who
have not yet been offered employment, the same is dealt with in
illousterious judgments of Hon'ble Supreme Court in Tarun K. Singh
(supra) and Employees' State Insurance Company Vs. Dr. Vinay
Kumar and Others reported in (2022) 18 SCC 358.
25. In Tarun K.Singh (supra), the Hon'ble Supreme Court
observed as under:-
"4. The question for consideration is whether the learned Single
Judge of the Allahabad High Court was justified in interfering with an
order of cancellation passed by the competent authority and directing
that the process of selection should be completed. Needless to mention
that subsequent to the order of cancellation, in view of the allegation
of malpractice, the departmental authorities had held an enquiry into
the matter and the result of that enquiry revealed gross irregularities
and illegalities as referred to in the judgment of the Division Bench of
the Allahabad High Court. Consequently the process of selection to a
public office, which stands vitiated by adoption of large-scale
malpractice, cannot be permitted to be sustained by a court of law.
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That apart, an individual applicant for any particular post does not get
a right to be enforced by a mandamus unless and until he is selected in
the process of selection and gets the letter of appointment. In the case
in hand, much before the so-called list of selection was approved by
the Railway Board, the order of cancellation had emanated on the
basis of complaints received from so many quarters. In view of the
subsequent findings of the Enquiry Committee which has gone into the
matter, we have no hesitation in coming to the conclusion that the
learned Single Judge of the Allahabad High Court was wholly in error
in issuing the direction in question and therefore the Division Bench of
the Allahabad High Court was fully justified in interfering with the
said order of learned Single Judge of the Allahabad High Court. The
Division Bench of the Calcutta High Court committed error in
following the judgment of learned Single Judge of the Allahabad High
Court. The judgment of the Division Bench of the Calcutta High Court
is set aside and the judgment of the Division Bench of the Allahabad
High Court is upheld. In the circumstances, we allow the Union's
appeals and dismiss the appeals filed on behalf of the individual
candidates. The appeals are disposed of accordingly. Any other
question of law remains open."
26. In Dr. Vinay Kumar's case (supra) also, the Hon'ble Supreme
Court emphasized that applicant does not have a legal right to insist that
the recruitment process, once set in motion, be carried to its logical
conclusion and such a right may not be given even upon the inclusion
of a candidate in the select list. The Court, however, made it clear that
exercise of such power would be subject to genuine principle against
arbitrariness in administrative action.
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Conclusion
27. In the given facts and circumstances, we find no reason to
interfere with the impugned judgment passed by the learned Writ Court
where it reached a conclusion in paragraph 12 as under:-
"12. Thus, viewed in the backdrop of the entire facts and
circumstances of the case and when a cloud of suspicion hovers over
the entire selection process and since the petitioners do not acquire an
indefeasible right to be appointed, merely on account of their names
figuring in the first merit list, segregating the selection process in such
circumstances, would tantamount to perpetuating the illegal and
unfair malpractices adopted in the selection process itself."
28. In view of the aforesaid discussions and the reasons stated above,
we find no merit in this appeal. The same is accordingly dismissed,
leaving the parties to bear the costs.
(Tarlok Singh Chauhan, C.J.)
(Rajesh Shankar, J.)
th
December 4 , 2025
A.F.R.
Manoj/Cp.2
Uploaded on 04.12.2025
