Court allows petitioners to file rejoinder, says summoning is not harassment by itself, but orders independent oversight to ensure free and fair probe.
Ranchi, Sept. 18, 2026: The Jharkhand High Court has stepped in to oversee a sensitive recruitment-related investigation, appointing retired judge Justice Gautam Kumar Chaudhary as Monitor/Observer to examine complaints of harassment during the Special Investigation Team’s probe.
The order came in a batch of writ petitions filed by several candidates challenging the State’s notifications that cancelled the entire advertisement and selection process, resulting in the automatic termination of all appointed candidates. The petitions were heard together as they raised a common issue.
During the hearing, the State informed the court that counter affidavits had been filed in two matters and should be treated as the response in all connected cases. Senior counsel appearing for the petitioners sought permission to file rejoinders, stating that the counter affidavits contained allegations against some of the petitioners and that they wished to rebut those claims. The court allowed the petitioners ten days to file rejoinders after serving copies on the State.
A separate concern was raised regarding the SIT investigation. Counsel for some petitioners submitted that innocent candidates were being summoned and, in some instances, allegedly harassed or subjected to undue pressure. The State responded that the investigating agency is entitled to summon any person if material collected during the investigation so requires, but it also agreed that any apprehension of high-handedness could be monitored by an independent body, such as a retired judge of the High Court.
Taking note of these submissions, the court observed that summoning a person by itself cannot be treated as harassment. However, in the interest of fairness and justice, it appointed Justice Gautam Kumar Chaudhary (Retd.) as Monitor/Observer to look into complaints of harassment. The court clarified that this monitoring arrangement is entirely independent of the writ proceedings and will not interfere with the SIT’s ongoing investigation.
The order specifically states that the SIT remains free to proceed strictly in accordance with law, and candidates who receive summons must cooperate with the investigation. If any appointed candidate believes he or she is being harassed, the complaint may be placed before the Monitor/Observer, who will assess its genuineness. If found true, the matter will be conveyed to the head of the SIT for remedial action, along with a report on the progress of the investigation.
The High Court further clarified that the appointment of the Monitor/Observer is meant only to ensure free and fair investigation, dispel apprehensions among genuine candidates, and act as a check and balance. It stressed that the arrangement should not be construed as interference in the probe or as any adverse comment on the ongoing investigation.
The State was directed to bear the logistics, office support, and remuneration or honorarium of the retired judge. The court also ordered that the interim relief granted earlier shall continue until further orders. The matter has been listed for further hearing on October 7 at 11:30 a.m.
Bottom Line :
Service matter - Challenge to notifications cancelling entire advertisement/selection process and resulting in automatic termination of appointed candidates - During pendency of writ petitions, Court permitted filing of rejoinder and appointed a retired Judge as independent Monitor/Observer to look into complaints of harassment by SIT during investigation, while clarifying that such monitoring would not amount to interference with or adverse comment on the ongoing investigation.
Statutory provision(s):
Not specified in the judgment.
Subhash Murmu v. State of Jharkhand, (Jharkhand) : Law Finder Doc id # 2982753
