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2025 Supreme(Online)(Jhk) 4304

HIGH COURT OF JHARKHAND
SUNIL KUMAR PASWAN – Appellant
Versus
THE STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY – Respondent
LPA 399 / 2022



IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No.399 of 2022 Sunil Kumar Paswan, aged about -49 years, Son of Sri Parmeshwar Paswan, Mayer, Giridih Municipal Corporation, R/o At Shitalpur Sirsiya, P.O. Sirsiya, P.S.

Giridih Muffasil, District- Giridih, Jharkhand …….Appellant Versus

1. The State of Jharkhand, through its Chief Secretary, Government of Jharkhand, at Project Building, P.O. and P.S. Dhurwa, District- Ranchi (Jharkhand)

2. Secretary, Department of Women, Child Development and Social Security, Government of Jharkhand, at Project Building Dhurwa, P.O. and P.S. Dhurwa, District Ranchi (Jharkhand)

3. Secretary, Department of Schedule Tribe, Schedule Caste, Minority and Backward Class Welfare, Government of Jharkhand, at Project Building Dhurwa, P.O. and P.S. Dhurwa, District Ranchi (Jharkhand)

4. Secretary, Department of Personnel, Administration and Rajbhasa, Government of Jharkhand, at Project Building Dhurwa, P.O. and P.S. Durwa, District - Ranchi (Jharkhand)

5. The Tribal Welfare Commissioner cum Member Secretary, Scrutiny Committee, Welfare Department, Government of Jharkhand, At + P.O. + P.S. Dhurwa, District – Ranchi

6. Sri Premchand Murmu, son of not known to Appellant, Member, Caste Scrutiny Committee, Government of Jharkhand, At-P.O.+P.S. Dhurwa, District- Ranchi

7. The Secretary, Government of Jharkhand, Urban Development and Housing Department, at Project Building, Dhurwa, P.O. and P.S. Dhurwa, District-Ranchi (Jharkhand)

8. The Additional Secretary, Government of Jharkhand, Urban Development and Hosing Department, at Project Building Dhurwa, P.O. and P.S. Dhurwa, District Ranchi (Jharkhand)

9. The Municipal Commissioner, Giridih, Office situated At+P.O.+P.S. District- Giridih, Jharkhand

10. The Deputy Commissioner, Giridih, Office situated At + P.O. + P.S. District- Giridih, Jharkhand

11. The Circle Officer, Giridih, Office situated At P.O.+

P.S. District- Jharkhand. ……..Respondents ---------

CORAM: Hon’ble Mr. Justice Rongon Mukhopadhyay Hon’ble Mr. Justice Deepak Roshan ---------

For the Petitioner : Mr. Binod Singh, Adv.

For the Respondents : Mr. Sachin Kumar, AAG-II For the Res. No.9 : Mr. Shadab Bin Haque, Adv.

---------

21/05.12.2025 In the instant appeal, the appellant has approached this Court against the order dated 08.04.2021 passed in W.P.(C) No. 3734 of 2019 passed by a coordinate bench of this Court; whereby the writ application filed by the writ petitioner-appellant has been dismissed.

2. The appellant had preferred the writ petition for quashing the order dated 31.05.2019 issued by the Caste Scrutiny Committee. A further prayer was made for quashing the order dated 17.08.2019 as well as the order dated 17.08.2020 and for quashing the memo no. 2290 dated 17.08.2019; whereby the respondent no. 9 had cancelled the caste certificate No. JHCC/2018/21640 dated 17.03.2018.

A further prayer was made for quashing the letter dated 14.08.2020; whereby the Municipal Corporation was directed to send the recommendation that the petitioner-appellant is ineligible to hold the post of Mayor and further it has been stated that the petitioner is ineligible under Rule 3.16 of Jharkhand Municipality Representative (Discipline and Appeal)

Rules, 2020.

Quashing of letter dated 17.08.2020 was also prayed; whereby in reference to letter No. 2026 dated 14.08.2020, the Municipal Corporation has sent the recommendation. The letter dated 28.08.2020 was also sought to be quashed, which was issued to the appellant under Rule 3.16 of the Jharkhand Municipality Elected Representative (Discipline and Appeal) Rules, 2020.

3. From record, it appears that this Court vide its order dated 22.03.2023 has decided to consider the issue of maintainability. As a matter of fact, the writ petitioner after dismissal of the writ application directly approached the Hon'ble Apex Court in Special Leave to Appeal being S.L.P.(C) No(s). 11974-11975 of 2021 which was dismissed by the Hon'ble Apex Court vide order dated 13.12.2021. For brevity, the order dated

22.03.

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