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PARAS KUMAR v. THE STATE OF JHARKHAND

Supreme Court of India | Diary 10141/2021

Status

ROP - of Main Case

Decided On

28-08-2023

Bench

HON'BLE MR. JUSTICE M.M. SUNDRESH and HON'BLE MR. JUSTICE J.B. PARDIWALA

Petitioner

PARAS KUMAR

Respondent

THE STATE OF JHARKHAND

Primary Holding

A preliminary enquiry report in departmental proceedings is only prima facie in nature, and a challenge to it at that stage is premature; the affected party's right to be heard arises only after completion of the final report.

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Full Judgment Text

1 ITEM NO.56 COURT NO.14 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).6415/2021 (Arising out of impugned final judgment and order dated 18-03-2021 in LPA No.40/2019 passed by the High Court of Jharkhand at Ranchi) PARAS KUMAR Petitioner(s) VERSUS THE STATE OF JHARKHAND & ORS. Respondent(s) IA No.168905/2021 - EXEMPTION FROM FILING O.T. IA No.55996/2021 - EXEMPTION FROM FILING O.T. IA No.55994/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No.55995/2021 - PERMISSION TO FILE SYNOPSIS AND LIST OF DATES Date : 28-08-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. RK Singh, Adv. Ms. Neeraj Singh, Adv. Mr. Tom Joseph, AOR Mr. Kumar Gaurav, Adv. Mr. Linto K.B., Adv. For Respondent(s) Ms. Pragya Baghel, Adv. Mr. Anando Mukherjee, AOR Mr. Shwetank Singh, Adv. UPON hearing the counsel the Court made the following O R D E R 1. Heard learned counsel for the parties and carefully perused the material placed on record. 2. We do not find any merit in the Special Leave Petition as what is challenged in the petition is the Preliminary Enquiry Report allegedly prepared without affording an opportunity to the petitioner. 3. Counsel for the respondents submitted that there is no need for issuance of any notice as the procedure would arise only

2 after the completion of the Report. According to the learned counsel, learned Single Judge while passing the order rightly observed that the stage at which the enquiry has been assailed, is premature, the same cannot be faulted with. 4. Accordingly, while dismissing the Special Leave Petition, we make it clear that we have not gone into the merits of the case and it is well open to the petitioner to take proper direction either in the event of any decision affecting the petitioner’s right or when a final report is filed after hearing the petitioner on the interim report. 5. We further make it clear that the report adverse is only prima facie in nature. 6. As a sequel to the above, pending interlocutory applications stand disposed of. (SATISH KUMAR YADAV) (RAM SUBHAG SINGH) DEPUTY REGISTRAR COURT MASTER (NSH)

ITEM NO.41 COURT NO.13 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No(s).6415/2021 (Arising out of impugned final judgment and order dated 18-03-2021 in LPA No. 40/2019 passed by the High Court of Jharkhand at Ranchi) PARAS KUMAR Petitioner(s) VERSUS THE STATE OF JHARKHAND & ORS. Respondent(s) (IA No. 168905/2021 - EXEMPTION FROM FILING O.T. IA No. 55996/2021 - EXEMPTION FROM FILING O.T. IA No. 55994/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 55995/2021 - PERMISSION TO FILE SYNOPSIS AND LIST OF DATES) Date : 31-01-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Tom Joseph, AOR Mrs. Neeraj Singh, Adv. Mr. Kumar Gaurav, Adv. Ms. Ritu Reniwal, Adv. Mr. Ajay Chaudhary, Adv. Mr. Praveen Pathak, Adv. Mr. Tom Joseph, Adv. For Respondent(s) Mr. Pragya Baghel, Adv. Mr. Anando Mukherjee, AOR Mr. Shwetank Singh, Adv. UPON hearing the counsel the Court made the following O R D E R In view of the letter dated 28.01.2023 circulated by learned counsel for the Petitioner seeking adjournment, list the matter after six weeks. (RADHA SHARMA) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.34 COURT NO.7 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6415/2021 (Arising out of impugned final judgment and order dated 18-03-2021 in LPA No. 40/2019 passed by the High Court of Jharkhand at Ranchi) PARAS KUMAR Petitioner(s) VERSUS THE STATE OF JHARKHAND & ORS. Respondent(s) IA No. 168905/2021 - EXEMPTION FROM FILING O.T. IA No. 55996/2021 - EXEMPTION FROM FILING O.T. IA No. 55994/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 55995/2021 - PERMISSION TO FILE SYNOPSIS AND LIST OF DATES) Date : 06-05-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE VIKRAM NATH For Petitioner(s) Mr. R.K. Singh, Adv. Ms. Neeraj Singh, Adv. Mr. Kumar Gaurav, Adv. Ms. Ritu Beniwal, Adv. Mr. Ajay Chaudhary, Adv. Mr. Tom Joseph, AOR For Respondent(s) Ms. Pragya Baghel, Adv. Mr. Anando Mukherjee, AOR Mr. Shwetank Singh, Adv. Ms. Ekta Bharati, Adv. UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by the learned counsel for the petitioner, for adjournment of the matter to enable the petitioner to file rejoinder affidavit, matter is adjourned. List after ensuing summer vacation. (NEELAM GULATI) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.6 Court 7 (Video Conferencing) SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6415/2021 (Arising out of impugned final judgment and order dated 18-03-2021 in LPA No. 40/2019 passed by the High Court of Jharkhand at Ranchi) PARAS KUMAR Petitioner(s) VERSUS THE STATE OF JHARKHAND & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.55996/2021-EXEMPTION FROM FILING O.T. and IA No.55995/2021-PERMISSION TO FILE SYNOPSIS AND LIST OF DATES and IA No.55994/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 31-08-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Sidharth Dave, Sr. Adv. Mr. R.K. Singh, Adv. Mrs. Neeraj Singh, Adv. Mr. Kumar Gaurav, Adv. Ms. Ritu Adv. Mr. Tom Joseph, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Until further orders from this Court, there shall be stay of the operation of the impugned Order passed by the High Court. (NEELAM GULATI) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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