SYED MOHAMMAD JAHANGIR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the order dtd. 23/11/2023 passed by learned Single Judge in W.P.(S) No. 3676 of 2023 which was disposed of directing the appellant/writ petitioner to file a fresh representation and the respondents were directed to consider the same in accordance with law and thereafter to pass a speaking and reasoned order taking into consideration the fact that the writ petitioner was acquitted in the criminal case. It was also observed that if the decision was taken in favour of the appellant/writ petitioner, the amount of Rs.4.00 Lakhs deducted from his retiral benefits would be refunded to him. However, the learned Single Judge did not pass any order for payment of interest on the said amount.

(2.) Learned counsel for the appellant submits that a criminal case being Chutia P.S Case No. 03 of 1997 corresponding to G.R. No. 39 of 1997 was instituted against the appellant and one Aradhna Singh for the offence punishable under Sec. 304A of IPC causing death of Ranjan Kumar Sinha @ Pappu due to negligence. The widow of the deceased preferred writ petition being C.W.J.C No. 1427 of 1997(R) which was decided vide order dtd. 2/3/2007 directing the Chief Secretary and Director General of Police, Government of Jharkhand to ensure payment of Rs.4.00 Lakhs to the wife of the deceased.

(3.) It is further submitted that in compliance of the aforesaid order, the Home Department, Government of Jharkhand paid the amount of Rs.4.00 Lakhs to the wife of the deceased. However, vide letter no. 1434 dtd. 29/5/2007 issued by the Superintendent of Police, Special Branch, Ranchi, the appellant was directed to deposit the said amount in the head quarter of the Special Branch, Ranchi.