Jharkhand HC Reinstates Peon Sacked Over Stealing Tea and Biscuits

The Jharkhand High Court has issued a landmark ruling ordering the immediate reinstatement of a contractual peon who was terminated from his position for allegedly taking tea powder and biscuits from his office. A division bench, led by Chief Justice M.S. Sonak and Justice Rajesh Shankar, set aside the 2022 termination order, characterizing the administration's decision as "grossly disproportionate" and an "injustice brimming with insensitivity". The court remarked that such a harsh penalty for a minor alleged lapse "shocks the conscience" of the judiciary.

The petitioner, Ranjeet Kumar Himanshu, had been serving as a contractual peon at the District Rural Development Agency (DRDA) in Bokaro since December 2005. After nearly 17 years of service, he was issued a show-cause notice in March 2022 and subsequently terminated in May 2022. The court noted a significant flaw in the disciplinary process, observing that the initial show-cause notice was "as vague as vagueness can be". It merely alleged that "some material" had been taken for personal use without specifying the items or their quantity.

During the legal proceedings, it was revealed that the materials in question were actually leftover tea powder and a few biscuits. Himanshu’s counsel argued that this was the first allegation against him in 17 years and that the items had eventually been returned. The High Court ruled that a vague show-cause notice is equivalent to "no notice" at all, failing to satisfy the mandatory principles of natural justice, as it prevented the employee from mounting an effective defense.

The bench further criticized the termination order for being non-speaking, noting that it assigned no reasons for rejecting Himanshu’s explanation. The authorities had also failed to consider his 17-year unblemished service record or the appreciation certificates previously issued to him by Deputy Development Commissioners for his exemplary work. The court emphasized that the administration ignored the severe impact the dismissal would have on Himanshu’s family, which includes his wife, three daughters, and a younger sister.

At the time of his dismissal, Himanshu was earning a monthly salary of approximately ₹9,950, and his family had been facing extreme financial distress during the four years he remained out of work. The court expressed concern for the family's plight, noting that the dismissal of a low-paid employee for such a trivial matter lacked the necessary administrative sensitivity. It stated that even if the allegation were assumed to be true, the doctrine of proportionality was completely ignored by the department.

In its final directives, the court ordered Himanshu’s reinstatement by July 1, 2026, with 50% back wages to be paid by July 31, 2026. The bench decided that the forfeiture of the remaining 50% of his salary would serve as a sufficient penalty for the alleged mistake. The Deputy Commissioner of Bokaro has been directed to personally ensure compliance and file an affidavit before the court confirming the reinstatement and the payment of dues.

Case title: Ranjeet Kumar Himanshu v. State of Jharkhand and Ors.