DIRECTOR GENERAL (PRISON) Vs. SATBIR SINGH

JUDGEMENT

(1.) The Respondents in the two captioned writ petitions were working as warders at the Central Prison Tihar and have been indicted for the following misdemeanor:

(2.) We need not note the evidence held incriminating against the Respondents because learned Counsel for the Respondents admitted their guilt and even otherwise we may note that the Respondents have accepted the finding rendered against them by the Tribunal that there is enough evidence to nail their guilt. The Original Applications filed by the Respondents have succeeded only on the question of quantum of punishment. Vide orders impugned in the two writ petitions, the Tribunal has held that the penalty of dismissal from service imposed upon the Respondents is disproportionate to the gravity of offence and as a result the penalty has been set aside with a direction to the Disciplinary Authority to pass a fresh penalty order keeping in view penalties imposed upon other persons who were found indulging in similar misdemeanors. As regards how the interregnum period i.e. the period between the dates they were dismissed from service till fresh order is passed should be treated has been left open, to be decided by the Disciplinary Authority.

(3.) We may reproduce in a tabular form the date of the incident, name of the offender, nature of the offence and the punishment awarded to other similar delinquent employees, in respect whereof the Tribunal has directed, punishment imposed upon them to be taken into account while leaving fresh penalty upon the Respondents. The chart reads as under: <FRM>JUDGEMENT_327_LAWS(DLH)10_2010(1).html</FRM>