Meghnath Baitha vs The State Of Jharkhand
2025 Latest Caselaw 2023 Jhar

Jharkhand High Court

Meghnath Baitha vs The State Of Jharkhand on 27 January, 2025

Author: Ananda Sen

Bench: Ananda Sen

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P.(S) No.5908 of 2022
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Meghnath Baitha, son of Satyanarayan Baitha, resident of Village Dipua, P.O. Garhwa, P.S. Garhwa, District Garhwa, Jharkhand.

... ... Petitioner Versus

1. The State of Jharkhand, through the Director General of Police, Government of Jharkhand, at Police Head Quarter, near Project Building, Dhurwa, Ranchi.

2. The Deputy Inspector General of Police, Palamu.

3. The Superintendent of Police, Latehar.

... ... Respondents

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              CORAM        : SRI ANANDA SEN, J
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   For the Petitioner(s) :     Mr. Ajay Kr. Pathak, Advocate
                               Mr. N.N. Mishra, Advocate
   For the Respondent(s):      Mr. Indranil Bhaduri, Advocate
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06/ 27.01.2025

Learned counsel representing the petitioner submits that

the representation of the petitioner is still pending for consideration

before the Authority concerned, which was filed after acquittal of the

petitioner. He submits that suffice it would be, if a direction is given

to the respondents to consider the representation of the petitioner

on merits.

2. Mr. Indranil Bhaduri, learned counsel representing the

respondents submits that the representation is of no use as the

petitioner has represented before the same authority, who had

already passed the order of dismissal. He further submits that the

petitioner was dismissed on 20.09.2009 on the ground that he has

committed forgery while obtaining the service.

3. Heard learned counsel for the parties.

4. After going through the documents, I find that though the

petitioner was dismissed because of the aforesaid charge, a criminal

case was also instituted against him being G.R. No.365 of 2009. The

said case was tried by the Chief Judicial Magistrate, Latehar, for

offences under Sections 419/ 420/ 467/ 468/ 471/ 120B of the

Indian Penal Code. In that case, the petitioner was acquitted. After

acquittal, the petitioner has filed a representation though he had not

filed an appeal.

5. Since the petitioner has been acquitted, it is the

respondents who ought to take call on the issue as to whether the

said acquittal will have any impact on the dismissal of the petitioner

or not. Thus, I direct the petitioner to approach the appropriate

Authority by filing an appeal within four weeks from today.

6. If such appeal is filed, the Appellate Authority will

consider the same on merits as per law after considering the

judgments of the Hon'ble Supreme Court, and will pass a reasoned

order within eight weeks thereafter.

7. With the aforesaid observation, this writ petition is

disposed of.

8. Be it noted that I have not entered into the merits of the

case.

(ANANDA SEN, J.)

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