1. Heard learned senior counsel for the appellant and learned counsel for the State.

2. This Letters Patent Appeal is directed against the impugned Judgment dated 2.03.2017, passed in W.P.(S) No.1858 of 2016, by the Hon’ble Single Judge, whereby, the writ application filed by the petitioner, challenging the orders of punishments imposed upon him by the Disciplinary Authority, as well as by the Appellate Authority, of stoppage of three annual increments of the petitioner with cumulative effect, stoppage of promotion for three years from the due date, and no payment except the subsistence allowance during the period of suspension, was dismissed.

3. The facts of this case lie in a short compass. The writ petitioner appellant, at the relevant time, was working as Land Reforms Deputy Collector at Ranchi, and in that capacity, he had granted the permission of transfer of the tribal lands in eleven cases, in favour of the wife of Anos Ekka, who was then a Minister in the State of Jharkhand, against whom, subsequently Vigilance and E.D. cases were lodged. No doubt, both the transferor and the transferee of the lands in all the cases belonged to the Scheduled Tribes, but in all these cases, there was allegation of granting permission for transfer of lands in violation of the provisions of Sections 46 and 48 of the Chota Nagpur Tenancy Act, 1908, (hereinafter referred to as the ‘CNT Act’), alleging that the transferee and her husband Anos Ekka, who was a Minister in the State, were residents of the Districts of Gumla/Simdega, and at the relevant time, they were living under Doranda Police Station, and accordingly, the transferee was not the resident of the local limits of the police stations, where the property were situated. The petitioner had violated the provisions of the CNT Act, with mala fide intention, and he had failed to protect the interests of the tribal people, in order to favour the persons in power. The fact however, also remains that all these transfers were ordered by the writ petitioner while exercising the quasi judicial power, and orders passed by the writ petitioner were appealable under Section 215 of the CNT Act, and against the appellate order, the revision was also maintainable under Section 217 of the CNT Act. In all those 11 cases, the State was a necessary party, but no appeal was filed by the State against any of the allegedly illegal order passed by the writ petitioner, though it has been brought on record by way of supplementary counter affidavit filed on behalf of the State, that in three matters, the orders were challenged by the private parties, which were allowed by the appellate authority.

4. The writ petitioner was put under suspension and subjected to the departmental proceeding, pursuant to the memo of charges served upon him vide Memo No.6198 dated 13th October 2010, stating that while investigating the Vigilance Case No.26 of 2008, it was found that in all those 11 cases, relating to the transfer of the tribal lands, the order was passed by the writ petitioner in violation of the provisions of Sections 46 and 48 of the CNT Act. It was also stated in the memo of charges that in all those cases, the wife of the Minister was shown to be resident of the concerned Police Stations, where the property were situated, and the permission for transfer of the land was accorded in order to provide wrongful gain to the Minister's wife, who was also an accused in the said Vigilance Case No.26 of 2008.

5. The petitioner was subjected to the departmental proceeding with the said memo of charges, and the enquiry report was submitted by the Enquiry Officer to the Disciplinary Authority on 22.09.2011, finding the charges to be proved, holding that the delinquent officer had violated the provisions of the CNT Act, with mala fide intention and he had worked against the basic object of the CNT Act, by not protecting the interests of the tribal people, in order to favour the persons in power. It was held that the p