Regular Appointment Can't Be Terminated Without Due Process: Jharkhand High Court While Staying Cancellation Of Recruitments Via JPSC Exams

Malavika Prasad

21 Aug 2026 4:34 PM IST

  • Regular Appointment Cant Be Terminated Without Due Process: Jharkhand High Court While Staying Cancellation Of Recruitments Via JPSC Exams

    While staying Jharkhand government's orders cancelling recruitments made through 11th to 13th Jharkhand Public Service Commission Exams, the High Court High Court prima facie observed that regular appointments cannot be disturbed or terminated without following the principles of natural justice.The Court made the observation while staying a notification cancelling the recruitment of Food...

    While staying Jharkhand government's orders cancelling recruitments made through 11th to 13th Jharkhand Public Service Commission Exams, the High Court High Court prima facie observed that regular appointments cannot be disturbed or terminated without following the principles of natural justice.

    The Court made the observation while staying a notification cancelling the recruitment of Food Safety Officers pursuant to a 2023 Advertisement. It noted that there was no material before the State to show which candidates were involved in the alleged corruption and the investigation was still underway.

    The petitioners contended that they were duly appointed pursuant to Advertisement No. 18 of 2023; however, all of a sudden, due to notification dated 18.08.2026, the entire examination/recruitment process has been cancelled and resultantly their services have been disengaged. 

    Petitioners' counsel said that without following natural justice, but "rather due to some pressure" as per his instruction, this action has been taken by the concerned respondent.

    Senior Additional Advocate General submitted that though the counter-affidavit has not been filed, but as per his instructions, upon various allegations made by different citizens of the State, the State has already started in-depth enquiry by the Investigating Agency i.e. Crime Investigation Department (CID) and few arrests have also been made.

    On principles of natural justice, he said that there was a mass bungling in the entire recruitment process and only due to that reason the Government has rightly cancelled the entire appointment pursuant to the Advertisement No. 18 of 2023. 

    Justice Deepak Roshan in his interim order observed:

    "Having regard to the rival submissions of learned counsel for the parties, this Court is prima facie of the view that a regular appointment cannot be disturbed/terminated without following principles of natural justice. Till now, there is no material with the respondents to show as to which candidates are involved in corruption or else; inasmuch as, the Investigating Agency is already in action.

    Further, so far as the issue of interim protection is concerned; this Court feels that interest of justice is paramount and in the instant case the interest of justice demands stay of the Notification dated 18.08.2026 (Annexure-4); inasmuch as, in effect they have been terminated without following any due process of law. Accordingly, learned counsel for the respondents are directed to file counter-affidavit giving in detail about the investigation and/or any further development. List this case on 15.09.2026 at 2:30 P.M. In the meantime, the operation, implementation and execution of the Notification No. 06/LO.S.A.-01-07/ 5404 of 2026 (Annexure-4) dated 18.08.2026 with regard to Advertisement No. 18 of 2023 shall remain stayed till further orders"

    The court directed the Sr. AAG to inform the concerned department to allow the petitioners and other similar situated persons who are affected by the notification, to continue their work till disposal of the writ petition.

    "However, looking to the overall facts and circumstances of the case, all the petitioners are directed to file an affidavit/undertaking to the effect that the final order passed by the trial court in connected criminal case shall be binding on them and the Government would be free to take appropriate action in accordance with law," the high court added. 

    The matter is listed on September 15. 

    Case title: Saurav Singh & Ors. v/s State of Jharkhand through the Chief Secretary, Government of Jharkhand & Ors.

    W.P.(S) No. 6450 of 2026

    Appearance:

    For the Petitioner(s) : Mr. Indrajit Sinha, Adv Mr. Amritansh Vats, Adv Mr. Arpan Mishra, Adv Mr. Ankit Vishal, Adv Ms. Prerna Jhunjhunwala, Adv Mr. Kumar Abhishek, Adv Mr. Arpan. M. Ekka, Adv Mr. Ashish Choudhary, Adv Mr. Rahul Ranjan, Adv Mr. Akhouri Sankalp, Adv Mr. Sudhanshu Shekhar, Adv Mr. Suman Roy, Adv

    For the Respondent (s) : Mr. Achyut Keshav, Sr. AAG Mr. J.F.Toppo, G.A.V Mr. Sanjoy Piprawall, Adv 

    Click Here To Read/Download Order

    Malavika Prasad

    Malavika Prasad

    Malavika Prasad is a Desk Editor with LiveLaw

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