S FRANCIS Vs. SUPERINTENDENT CENTRAL PRISON MADURAI

JUDGEMENT

(1.) THE petitioner was appointed as II Grade Warder on 25.3.1998 and he was posted to work at Central Prison, Madurai, from 27.7.1998. He was on para duty in Remand Block of that Prison between 9.00 p.m. to 12.00 midnight and 3.00 a.m. to 6.00 a.m. on 30.11.2001/1.12.2001. THE petitioner took charge at 3.00 a.m. from Thiru K.David Ranjit Kumar, II Grade Warder. At abut 4.40 a.m., four prisoners of 9th Cell of Remand Block II, opened the lock of the Cell, came out of the Block with a plan to escape from the Jail, reached near compound wall, removed the stone slabs which were used for closing the drainage and climbed one by one by putting the slabs one over another near the compound wall. Two out of the four prisoners escaped and two others were caught within the Jail premises. THE said two escaped prisoners were apprehended on 30.12.2001 and lodged in Jail.

(2.) WHILESO, the petitioner was issued with a charge memo dated 10.12.2001 under Rule 17(b) of the Tamil Nadu Civil Services (D&A) Rules, which is to the following effect:

(3.) THE respondents filed a counter affidavit refuting the allegations.