DARJI BIPINCHANDRA BHIKHALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. S. P. Dave waives service of Rule. This petition is filed by the prisoner himself directly. The petitioner -prisoner has been convicted for alleged offence of misbehaviour with P.S.I, while he was taken to Civil Hospital for treatment of some disease from which he was alleged to be suffering. His remission for 15 days has been withdrawn and Canteen facilities for 3 months have been denied to him. A copy of the said order is produced at Annexure A to the affidavit in reply.

(2.) Several contentions have been raised by the petitioner -prisoner in the petition. But it is not necessary to go into all the contentions since the matter is capable of being disposed of on a small point as to whether the procedure adopted by the jail authorities is just, fair and reasonable. It is an undisputed fact that no show -cause notice/charge in writing has been served upon the petitioner so as to enable him to make representation against the same. From the order produced at Annexure A it appears that orally the Superintendent of Jail appears to have put certain questions to the petitioner -prisoner. The learned Counsel for the respondent conceded that nothing in writing has been served upon the petitioner. In the facts of the case it appears to us that the procedure adopted by the Jail Authorities in this particular case is not in conformity with the principles of natural justice. The petitioner -prisoner ought to have been afforded adequate opportunity of being heard before holding him guilty for the aforesaid offence. The Non -service of show -cause notice/charge upon him and depriving him of the opportunity of making representation/submission against the same constitute violation of principles of natural justice. This principle has not been observed and therefore the order of imposing punishment upon him by which remission of 15 days has been withdrawn and canteen facilities for three months have been denied to him cannot be sustained. In the result, the petition is allowed. The order of imposition of punishment of withdrawal of remission of 15 days and denial of canteen facilities for 3 months is quashed and set aside. It is further clarified that on account of the aforesaid punishment if the petitioner has been visited with any further consequential penalty, the same also shall, stand obliterated. Rule made absolute accordingly. (GDB) Petition allowed.