JUDGMENT :

1. The present writ petition has been filed for quashing the order as contained in memo no.1749(ii) dated 22.09.2014 passed by the Deputy Commissioner, Ranchi- the respondent no.2, whereby the petitioner has been awarded major punishment of reduction of his basic pay to the initial stage of time scale of pay currently held by him.

2. Learned counsel for the petitioner submits that the petitioner was appointed as Revenue Karamchari on 18.8.1978 and he superannuated from service on 04.01.2016. A criminal case was lodged against the petitioner being Vigilance Case No.25 of 2000 and he was sent to judicial custody on 15.07.2006. Consequently, he was put under suspension vide order as contained in memo no.1447(ii) dated 30.12.2006 and the memo of charge was issued to him containing following charges:-

(i) When the petitioner was posted in Town Anchal, Ranchi he opened jamabandi for the land appertaining to Khata No. 360, Plot No.1260, area 10.50 acres, Mauza-Hundru, P.S. no.224, which was Gair Majarua land to obtain personal gain and loss to the Government.

(ii) The petitioner had issued the revenue receipt of Mauza-Hundru, P.S No. 224, Khata No. 360, Plot No. 1260 area 10.50 acres which was Gair Majurwa land.

(iii) The petitioner while recommending for opening of jamabandi of Mutation Case Nos. 156, 157 & 158 of 1994-95 and Mutation Case Nos. 15/1995-96, 214/1995-96 & 427/1995-96 had not reported to the Circle Officer, Town Anchal, Ranchi that Jamabandi Nos.360/291 and 360/319 were opened without any order of the competent authority.

(iv) Entries made in page nos.192, 193 and 194 of Volume-VII of Register-II while opening of Jamabandi concerning Gair Majarua land appertaining to Khata no.360, plot no.1260, area 10.50 acres, Mouja Hundru, P.S. no.224, it was shown by the petitioner that the details of Khata no.360 was taken from page no.320 of Volume- I of Register-II, however, there was no entry in the record relating to Khata no.360 at page no.320, Volume-I and, thus, those entries were made by the petitioner without verifying Register-II so as to make personal gain and causing loss to the Government.

(v) The petitioner had not reported regarding encroachment over Gair Majarua Malik land which was in violation of rule 2(I) of the instruction booklet issued by the Revenue Department for the Karamchari.

3. It is further submitted that the petitioner had filed a detailed reply against the allegation levelled in the memo of charge. During continuation of departmental proceeding, the inquiry officer requested the respondent no.4 to inquire the allegations made against the petitioner and to submit a report, whereupon the respondent no.4 (the then Circle Officer, Town Anchal, Ranchi) submitted report in which the petitioner was fully exonerated from the charges levelled against him. On 7.1.2013 the respondent no.4 again recommended the inquiry officer to exonerate the petitioner from the charges levelled against him as he was not at fault. However, the inquiry officer submitted the enquiry report making recommendation for imposing major penalty against him. Thereafter, second show cause notice was issued to the petitioner on 19.08.2013 which was replied by him denying all the charges, however, the impugned order has been passed against the petitioner.

4. It is further submitted that Jamabandi of the said land was already opened prior to joining of the petitioner on the basis of recommendation made by one Sarvanand Sahu, the erstwhile Revenue Karamchari of the Town Circle, Ranchi and a criminal case being Kotwali P.S. Case No. 246/1997 was also instituted by the concerned department against said Sarvanand Sahu on 21.05.1997, in which the petitioner was one of the prosecution witnesses and he was examined on 30.11.2005.

5. It is also submitted that a departmental proceeding was also initiated against said Sarvanand Sahu and on submission of show cause reply by him, the respondent no.2 passed the final order as contained in memo No. 617(