LAWS(JHAR)-2013-2-139

ASHIM KUMAR SAMANTA Vs. STATE OF JHARKHAND

Decided On February 06, 2013
Ashim Kumar Samanta Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Learned counsel for the respondent no. 11 has serious allegation with respect to bona fide of the petitioner as well as reason for filing the petition in the name of P.I.L. in violation to the Jharkhand High Court (Public interest Litigation) Rules, 2010. Respondent's allegations against the petitioner are of very serious nature. Respondent No. 11 also has placed on record several documents alongwith his counter affidavit.

(2.) According to the learned counsel for the respondent no. 11, respondent no. 11 took the admission in the RIMS and he was the bona fide candidate and therefore, he was given admission in the RIMS. In the RIMS, there is one person Narayan Hansda who according to the respondent no. 11 is the 'Boss' and is known to every person in the RIMS. The respondent no. 11 submitted that petitioner in connivance with the said Sri Narayan Hansda, has filed this petition for extortion of money which the said Narayan Hansda (Boss) could not get from the respondent no. 11 in spite of severe beating given to him wherein the respondent no. 11 suffered serious injury of fracture in the right ear which in medical term is called 'Tympanic Membrane fracture'. The respondent no. 11 was given beating calling him an outsider (Bihari) and respondent no. 11 was further asked to pay Rs. two lacs within 10 days which the respondent no. 11 refused to pay. Father of the respondent no. 11 made a complaint to the S.S.P., Ranchi on 2.11.2011 with a copy to the Director, RIMS, Ranchi as well as to the Hon'ble Governor of the Jharkhand with copy to the Secretary, Home Department, Government of Jharkhand. The respondent no. 11 submitted that there is a direct connection of the said Narayan Hansda with the petitioner which is apparent from the documents, copies of which have been placed on record as Annexures-R/11/B series.

(3.) We perused the contents of these documents whereby incident of ragging in the RIMS was brought to the notice of the RIMS Administration. The RIMS Administration also constituted an inquiry committee and from one of the newspaper dated 15.11.2011 it appear that the RIMS Superintendent refused to conduct the inquiry and it appears from the said report that such view may have been taken because of the constitution of the anti-ragging squad by the RIMS. Then there is a news cutting that RIMS is keeping mum on the issue of ragging.