JUDGMENT :

1. The present writ petition has been filed for quashing the resolution as contained in memo No. 7041 dated 08.06.2012 (Annexure-10 to the writ petition) issued by the Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi by which punishment of withholding two increments with non-cumulative effect has been inflicted upon the petitioner.

2. The petitioner, vide order dated 01.09.2014 passed in I.A. No. 3806/2014, was permitted to amend the writ petition seeking challenge to the appellate order dated 10.04.2013 communicated vide memo No. 3184 dated 11.04.2013 by which the original order of punishment dated 08.06.2012 of withholding two increments with non-cumulative effect was upheld.

3. Learned counsel for the petitioner submits that the petitioner was posted as the Circle Officer, Circle-Chanho, District-Ranchi during the period from 08.07.2011 to 24.01.2013. The order dated 21.04.2011 passed by the Deputy Collector Land Reforms, Ranchi in S.A.R. (Land Restoration) Case No. 483 of 1996-97 was issued to the then Circle Officer, Chanho vide memo No. 1296(ii) dated 09.06.2011 which was placed before him on 27.06.2011 for execution of the same by delivering possession of the land in question to Suleman Oraon and others after dispossessing Angna Oraon and others. The Deputy Collector Land Reforms, Ranchi issued a reminder to the Circle Officer, Chanho (the petitioner herein) vide letter No. 1590(ii) dated 12.07.2011 to carry out execution of the said order within two days. Accordingly, the order dated 21.04.2011 was executed by the petitioner on 01.08.2011 between 13.00 Hrs. to 14.00 Hrs. and only thereafter one of the affected parties submitted an application before him on 01.08.2011 at 16.20 Hrs. enclosing a copy of order of the Deputy Commissioner, Ranchi dated 28.07.2011 passed in S.A.R. Appeal Case No. 33 R 15/11-12 whereby the operation of the order dated 21.04.2011 passed by the Deputy Collector Land Reforms, Ranchi was stayed. Immediately after receipt of the order dated 28.07.2011, the petitioner took initiative on the same day to restore the possession of the land in question in favour of the affected parties. Though the petitioner had complied both the orders of the Deputy Collector Land Reforms, Ranchi as well as the Deputy Commissioner, Ranchi, however, an explanation was sought from the petitioner vide letter No. 8038 dated 16.12.2011 issued under the signature of the Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi. The petitioner submitted his explanation on 31.03.2012 which was examined by the Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi, who recommended the respondent No.2 to exonerate the petitioner, however, the said respondent decided to obtain comments of the Deputy Commissioner, Ranchi. Thereafter, the Deputy Commissioner, Ranchi sent his comment on the basis of the report of the Sub-Divisional Officer, Sadar, Ranchi stating that the show cause reply filed by the petitioner was not satisfactory as well as that he had failed to discharge his duty while executing the order dated 28.07.2011 passed in Appeal Case No. 33 R 15/11-12. Finally, vide the impugned resolution as contained in memo No. 7041 dated 08.06.2012, the petitioner was imposed punishment of withholding two increments with non-cumulative effect. The petitioner preferred appeal against the impugned resolution dated 08.06.2012 before the Governor, State of Jharkhand, Ranchi, however, the same was also rejected vide order dated 10.04.2013 issued under the signature of the Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand on the ground that no new fact was brought by the petitioner and decision to reject the appeal of the petitioner was taken by the Advisory Council in its meeting held on 22.03.2013. It