LPA No.207 of 2017

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

L.P.A. No.207 of 2017

With

I.A. No.2468 of 2018

(Against the Order dated 2.03.2017, passed by the Hon'ble Single Judge in

W.P.(S) No.1858 of 2016.)

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Kartik Kumar Prabhat

…

Appellant

Versus

1. The State of Jharkhand,

2. The Chief Secretary,

State of Jharkhand, Ranchi.

3. The Secretary, Personnel Administrative Reforms

& Rajbhasa Department, Ranchi.

.….. Respondents

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P R E S E N T

HON’BLE MR. JUSTICE H.C. MISHRA

HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant

: Mr. Anil Kr. Sinha, Sr. Advocate

Mr. Baidyanath Mishra, Advocate

For the respondent-State : Mr. Jayant Franklin Toppo, S.C (L&C) III

Mr. Ajit Kumar, A.C. to S.C.(L&C) III

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By Court.:- Heard learned senior counsel for the appellant and learned counsel for

the State.

2.

This Letters Patent Appeal is directed against the impugned Judgement

dated 2.03.2017, passed in W.P.(S) No.1858 of 2016, by the Hon9ble 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

LPA No.207 of 2017

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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

8CNT Act9), 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 13^th October 2010, stating that while investigating

the Vigilance Case No.26 of 2008, it was found that